STATE OF NEW YORK ________________________________________________________________________ 2931 2023-2024 Regular Sessions IN ASSEMBLY February 1, 2023 ___________ Introduced by M. of A. JENSEN -- read once and referred to the Committee on Health AN ACT to amend the public health law, in relation to establishing evidence-based, flexible staffing models for general hospitals and nursing homes The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The public health law is amended by adding a new article 2 28-F to read as follows: 3 ARTICLE 28-F 4 SAFE STAFFING IN HOSPITALS AND NURSING HOMES 5 Section 2900. Definitions. 6 2900-a. Commission on hospital staffing. 7 2900-b. Hospital staffing models and requirements. 8 2900-c. Commission on nursing home staffing. 9 2900-d. Nursing home staffing models and requirements. 10 § 2900. Definitions. For the purposes of this article, the term: 11 1. "Hospital" means a general hospital as defined in section twenty- 12 eight hundred one of this chapter. 13 2. "Nursing home" means a nursing home as defined in section twenty- 14 eight hundred one of this chapter. 15 3. "Nurse" means a registered professional nurse or licensed practical 16 nurse licensed pursuant to article one hundred thirty-nine of the educa- 17 tion law. 18 4. "Allied healthcare professional" means a person, other than a 19 nurse, physician, physician assistant, specialist assistant, or nurse 20 practitioner, who is licensed or certified to practice a healthcare 21 profession under title eight of the education law, acting within the 22 scope of his or her practice. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06280-01-3A. 2931 2 1 5. "Direct-care nurse" and "direct-care nursing staff" means any nurse 2 who has principal responsibility to oversee or carry out medical regi- 3 mens, nursing, or other bedside care for one or more patients. 4 6. "Non-nursing direct-care staff" means any employee who is not a 5 nurse, allied healthcare professional, physician, physician assistant, 6 specialist assistant, or nurse practitioner whose principal responsibil- 7 ity is to carry out patient care for one or more patients or provides 8 direct assistance in the delivery of patient care. 9 § 2900-a. Commission on hospital staffing. 1. There shall be estab- 10 lished within the department a commission on hospital staffing to be 11 composed of fifteen members appointed by the governor, with ten of these 12 members appointed as follows: 13 (a) three members upon the recommendation of the temporary president 14 of the senate; 15 (b) two members upon the recommendation of the minority leader of the 16 senate; 17 (c) three members upon the recommendation of the speaker of the assem- 18 bly; and 19 (d) two members upon the recommendation of the minority leader of the 20 assembly. 21 2. The commission's membership shall contain: 22 (a) the commissioner or his or her designee; 23 (b) seven nurses, of whom at least four shall be direct-care nurses 24 and at least two of whom shall be representative of recognized or certi- 25 fied collective bargaining agents of non-nursing direct care staff; 26 (c) two representatives of non-nursing direct-care staff, of whom at 27 least one shall be a representative of recognized or certified collec- 28 tive bargaining agents of non-nursing direct care staff; 29 (d) three representatives of hospital administrators; and 30 (e) two representatives of allied health professionals. 31 3. Vacancies in the membership of the commission shall be filled by 32 the appropriate appointing authority. The governor shall select a chair- 33 person from among the members of the commission. Membership on the 34 commission shall be reflective of the diversity of the state's popu- 35 lation including, but not limited to, the various geographic areas and 36 population densities throughout the state. 37 4. The commission shall meet on at least an annual basis, or at the 38 request of the commissioner, to review and update the hospital staffing 39 models created pursuant to section twenty-nine hundred-b of this arti- 40 cle. 41 § 2900-b. Hospital staffing models and requirements. 1. The commis- 42 sioner, after consulting with the commission on hospital staffing estab- 43 lished pursuant to section twenty-nine hundred-a of this article, shall 44 promulgate regulations establishing hospital staffing models. 45 2. These models shall: 46 (a) be based on the best available evidence regarding staffing and 47 patient safety; 48 (b) provide hospitals with the opportunity to adjust staffing levels 49 in response to the relative skill of the professional staff and the 50 current acuity of the patients; 51 (c) address the patient care roles played by direct-care nursing 52 staff, non-nursing direct-care staff, and allied health professionals; 53 and 54 (d) be adaptable to the relative availability of staff in the regional 55 labor market where the facility is located.A. 2931 3 1 § 2900-c. Commission on nursing home staffing. 1. There shall be 2 established within the department a commission on nursing home staffing 3 to be composed of fifteen members appointed by the governor, with ten of 4 these members appointed as follows: 5 (a) three members upon the recommendation of the temporary president 6 of the senate; 7 (b) two members upon the recommendation of the minority leader of the 8 senate; 9 (c) three members upon the recommendation of the speaker of the assem- 10 bly; and 11 (d) two members upon the recommendation of the minority leader of the 12 assembly. 13 2. The commission's membership shall contain: 14 (a) the commissioner or his or her designee; 15 (b) seven nurses, of whom at least four shall be direct-care nurses 16 and at least two of whom shall be representative of recognized or certi- 17 fied collective bargaining agents of non-nursing direct care staff; 18 (c) two representatives of non-nursing direct-care staff, of whom at 19 least one shall be a representative of recognized or certified collec- 20 tive bargaining agents of non-nursing direct care staff; 21 (d) three representatives of nursing home operators; and 22 (e) two representatives of allied health professionals. 23 3. Vacancies in the membership of the commission shall be filled by 24 the appropriate appointing authority. The governor shall select a chair- 25 person from among the members of the commission. Membership on the 26 commission shall be reflective of the diversity of the state's popu- 27 lation including, but not limited to, the various geographic areas and 28 population densities throughout the state. 29 4. The commission shall meet on at least an annual basis, or at the 30 request of the commissioner, to review and update the nursing home 31 staffing models created pursuant to section twenty-nine hundred-d of 32 this article. 33 § 2900-d. Nursing home staffing models and requirements. 1. The 34 commissioner, after consulting with the commission on nursing home 35 staffing established pursuant to section twenty-nine hundred-c of this 36 article, shall promulgate regulations establishing nursing home staffing 37 models. 38 2. These models shall: 39 (a) be based on the best available evidence regarding staffing and 40 patient safety; 41 (b) provide nursing homes with the opportunity to adjust staffing 42 levels in response to the relative skill of the professional staff and 43 the current acuity of the patients; 44 (c) address the patient care roles played by direct-care nursing 45 staff, non-nursing direct-care staff, and allied health professionals; 46 and 47 (d) be adaptable to the relative availability of staff in the regional 48 labor market where the facility is located. 49 § 2. Severability. If any provision of this act, or any application of 50 any provision of this act, is held to be invalid, or ruled by any feder- 51 al agency to violate or be inconsistent with any applicable federal law 52 or regulation, that shall not affect the validity or effectiveness of 53 any other provision of this act, or of any other application of any 54 provision of this act. 55 § 3. This act shall take effect one year after it shall have become a 56 law. Effective immediately, the addition, amendment and/or repeal of anyA. 2931 4 1 rule or regulation necessary for the implementation of this act on its 2 effective date are authorized to be made and completed on or before such 3 effective date.