S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2931
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:
 
   Section 1. The public health law is amended by adding  a  new  article
 28-F to read as follows:
                               ARTICLE 28-F
               SAFE STAFFING IN HOSPITALS AND NURSING HOMES
 
 SECTION 2900.   DEFINITIONS.
         2900-A. COMMISSION ON HOSPITAL STAFFING.
         2900-B. HOSPITAL STAFFING MODELS AND REQUIREMENTS.
         2900-C. COMMISSION ON NURSING HOME STAFFING.
         2900-D. NURSING HOME STAFFING MODELS AND REQUIREMENTS.
   § 2900. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE TERM:
   1.  "HOSPITAL"  MEANS A GENERAL HOSPITAL AS DEFINED IN SECTION TWENTY-
 EIGHT HUNDRED ONE OF THIS CHAPTER.
   2. "NURSING HOME" MEANS A NURSING HOME AS DEFINED IN  SECTION  TWENTY-
 EIGHT HUNDRED ONE OF THIS CHAPTER.
   3. "NURSE" MEANS A REGISTERED PROFESSIONAL NURSE OR LICENSED PRACTICAL
 NURSE LICENSED PURSUANT TO ARTICLE ONE HUNDRED THIRTY-NINE OF THE EDUCA-
 TION LAW.
   4.  "ALLIED  HEALTHCARE  PROFESSIONAL"  MEANS  A  PERSON, OTHER THAN A
 NURSE, PHYSICIAN, PHYSICIAN ASSISTANT, SPECIALIST  ASSISTANT,  OR  NURSE
 PRACTITIONER,  WHO  IS  LICENSED  OR  CERTIFIED TO PRACTICE A HEALTHCARE
 PROFESSION UNDER TITLE EIGHT OF THE EDUCATION  LAW,  ACTING  WITHIN  THE
 SCOPE OF HIS OR HER PRACTICE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06280-01-3
 A. 2931                             2
              

 
   5. "DIRECT-CARE NURSE" AND "DIRECT-CARE NURSING STAFF" MEANS ANY NURSE
 WHO  HAS  PRINCIPAL RESPONSIBILITY TO OVERSEE OR CARRY OUT MEDICAL REGI-
 MENS, NURSING, OR OTHER BEDSIDE CARE FOR ONE OR MORE PATIENTS.
   6.  "NON-NURSING  DIRECT-CARE  STAFF"  MEANS ANY EMPLOYEE WHO IS NOT A
 NURSE, ALLIED HEALTHCARE PROFESSIONAL, PHYSICIAN,  PHYSICIAN  ASSISTANT,
 SPECIALIST ASSISTANT, OR NURSE PRACTITIONER WHOSE PRINCIPAL RESPONSIBIL-
 ITY  IS  TO  CARRY OUT PATIENT CARE FOR ONE OR MORE PATIENTS OR PROVIDES
 DIRECT ASSISTANCE IN THE DELIVERY OF PATIENT CARE.
   § 2900-A. COMMISSION ON HOSPITAL STAFFING.  1. THERE SHALL  BE  ESTAB-
 LISHED  WITHIN  THE  DEPARTMENT  A COMMISSION ON HOSPITAL STAFFING TO BE
 COMPOSED OF FIFTEEN MEMBERS APPOINTED BY THE GOVERNOR, WITH TEN OF THESE
 MEMBERS APPOINTED AS FOLLOWS:
   (A) THREE MEMBERS UPON THE RECOMMENDATION OF THE  TEMPORARY  PRESIDENT
 OF THE SENATE;
   (B)  TWO MEMBERS UPON THE RECOMMENDATION OF THE MINORITY LEADER OF THE
 SENATE;
   (C) THREE MEMBERS UPON THE RECOMMENDATION OF THE SPEAKER OF THE ASSEM-
 BLY; AND
   (D) TWO MEMBERS UPON THE RECOMMENDATION OF THE MINORITY LEADER OF  THE
 ASSEMBLY.
   2. THE COMMISSION'S MEMBERSHIP SHALL CONTAIN:
   (A) THE COMMISSIONER OR HIS OR HER DESIGNEE;
   (B)  SEVEN  NURSES,  OF WHOM AT LEAST FOUR SHALL BE DIRECT-CARE NURSES
 AND AT LEAST TWO OF WHOM SHALL BE REPRESENTATIVE OF RECOGNIZED OR CERTI-
 FIED COLLECTIVE BARGAINING AGENTS OF NON-NURSING DIRECT CARE STAFF;
   (C) TWO REPRESENTATIVES OF NON-NURSING DIRECT-CARE STAFF, OF  WHOM  AT
 LEAST  ONE  SHALL BE A REPRESENTATIVE OF RECOGNIZED OR CERTIFIED COLLEC-
 TIVE BARGAINING AGENTS OF NON-NURSING DIRECT CARE STAFF;
   (D) THREE REPRESENTATIVES OF HOSPITAL ADMINISTRATORS; AND
   (E) TWO REPRESENTATIVES OF ALLIED HEALTH PROFESSIONALS.
   3. VACANCIES IN THE MEMBERSHIP OF THE COMMISSION SHALL  BE  FILLED  BY
 THE APPROPRIATE APPOINTING AUTHORITY. THE GOVERNOR SHALL SELECT A CHAIR-
 PERSON  FROM  AMONG  THE  MEMBERS  OF  THE COMMISSION. MEMBERSHIP ON THE
 COMMISSION SHALL BE REFLECTIVE OF THE DIVERSITY  OF  THE  STATE'S  POPU-
 LATION  INCLUDING,  BUT NOT LIMITED TO, THE VARIOUS GEOGRAPHIC AREAS AND
 POPULATION DENSITIES THROUGHOUT THE STATE.
   4. THE COMMISSION SHALL MEET ON AT LEAST AN ANNUAL BASIS,  OR  AT  THE
 REQUEST  OF THE COMMISSIONER, TO REVIEW AND UPDATE THE HOSPITAL STAFFING
 MODELS CREATED PURSUANT TO SECTION TWENTY-NINE HUNDRED-B OF  THIS  ARTI-
 CLE.
   §  2900-B.  HOSPITAL STAFFING MODELS AND REQUIREMENTS.  1. THE COMMIS-
 SIONER, AFTER CONSULTING WITH THE COMMISSION ON HOSPITAL STAFFING ESTAB-
 LISHED PURSUANT TO SECTION TWENTY-NINE HUNDRED-A OF THIS ARTICLE,  SHALL
 PROMULGATE REGULATIONS ESTABLISHING HOSPITAL STAFFING MODELS.
   2. THESE MODELS SHALL:
   (A)  BE  BASED  ON  THE BEST AVAILABLE EVIDENCE REGARDING STAFFING AND
 PATIENT SAFETY;
   (B) PROVIDE HOSPITALS WITH THE OPPORTUNITY TO ADJUST  STAFFING  LEVELS
 IN  RESPONSE  TO  THE  RELATIVE  SKILL OF THE PROFESSIONAL STAFF AND THE
 CURRENT ACUITY OF THE PATIENTS;
   (C) ADDRESS THE PATIENT  CARE  ROLES  PLAYED  BY  DIRECT-CARE  NURSING
 STAFF,  NON-NURSING  DIRECT-CARE STAFF, AND ALLIED HEALTH PROFESSIONALS;
 AND
   (D) BE ADAPTABLE TO THE RELATIVE AVAILABILITY OF STAFF IN THE REGIONAL
 LABOR MARKET WHERE THE FACILITY IS LOCATED.
 A. 2931                             3
 
   § 2900-C. COMMISSION ON NURSING HOME STAFFING.    1.  THERE  SHALL  BE
 ESTABLISHED  WITHIN THE DEPARTMENT A COMMISSION ON NURSING HOME STAFFING
 TO BE COMPOSED OF FIFTEEN MEMBERS APPOINTED BY THE GOVERNOR, WITH TEN OF
 THESE MEMBERS APPOINTED AS FOLLOWS:
   (A)  THREE  MEMBERS UPON THE RECOMMENDATION OF THE TEMPORARY PRESIDENT
 OF THE SENATE;
   (B) TWO MEMBERS UPON THE RECOMMENDATION OF THE MINORITY LEADER OF  THE
 SENATE;
   (C) THREE MEMBERS UPON THE RECOMMENDATION OF THE SPEAKER OF THE ASSEM-
 BLY; AND
   (D)  TWO MEMBERS UPON THE RECOMMENDATION OF THE MINORITY LEADER OF THE
 ASSEMBLY.
   2. THE COMMISSION'S MEMBERSHIP SHALL CONTAIN:
   (A) THE COMMISSIONER OR HIS OR HER DESIGNEE;
   (B) SEVEN NURSES, OF WHOM AT LEAST FOUR SHALL  BE  DIRECT-CARE  NURSES
 AND AT LEAST TWO OF WHOM SHALL BE REPRESENTATIVE OF RECOGNIZED OR CERTI-
 FIED COLLECTIVE BARGAINING AGENTS OF NON-NURSING DIRECT CARE STAFF;
   (C)  TWO  REPRESENTATIVES OF NON-NURSING DIRECT-CARE STAFF, OF WHOM AT
 LEAST ONE SHALL BE A REPRESENTATIVE OF RECOGNIZED OR  CERTIFIED  COLLEC-
 TIVE BARGAINING AGENTS OF NON-NURSING DIRECT CARE STAFF;
   (D) THREE REPRESENTATIVES OF NURSING HOME OPERATORS; AND
   (E) TWO REPRESENTATIVES OF ALLIED HEALTH PROFESSIONALS.
   3.  VACANCIES  IN  THE MEMBERSHIP OF THE COMMISSION SHALL BE FILLED BY
 THE APPROPRIATE APPOINTING AUTHORITY. THE GOVERNOR SHALL SELECT A CHAIR-
 PERSON FROM AMONG THE MEMBERS  OF  THE  COMMISSION.  MEMBERSHIP  ON  THE
 COMMISSION  SHALL  BE  REFLECTIVE  OF THE DIVERSITY OF THE STATE'S POPU-
 LATION INCLUDING, BUT NOT LIMITED TO, THE VARIOUS GEOGRAPHIC  AREAS  AND
 POPULATION DENSITIES THROUGHOUT THE STATE.
   4.  THE  COMMISSION  SHALL MEET ON AT LEAST AN ANNUAL BASIS, OR AT THE
 REQUEST OF THE COMMISSIONER, TO  REVIEW  AND  UPDATE  THE  NURSING  HOME
 STAFFING  MODELS  CREATED  PURSUANT  TO SECTION TWENTY-NINE HUNDRED-D OF
 THIS ARTICLE.
   § 2900-D. NURSING HOME STAFFING  MODELS  AND  REQUIREMENTS.    1.  THE
 COMMISSIONER,  AFTER  CONSULTING  WITH  THE  COMMISSION  ON NURSING HOME
 STAFFING ESTABLISHED PURSUANT TO SECTION TWENTY-NINE HUNDRED-C  OF  THIS
 ARTICLE, SHALL PROMULGATE REGULATIONS ESTABLISHING NURSING HOME STAFFING
 MODELS.
   2. THESE MODELS SHALL:
   (A)  BE  BASED  ON  THE BEST AVAILABLE EVIDENCE REGARDING STAFFING AND
 PATIENT SAFETY;
   (B) PROVIDE NURSING HOMES WITH  THE  OPPORTUNITY  TO  ADJUST  STAFFING
 LEVELS  IN  RESPONSE TO THE RELATIVE SKILL OF THE PROFESSIONAL STAFF AND
 THE CURRENT ACUITY OF THE PATIENTS;
   (C) ADDRESS THE PATIENT  CARE  ROLES  PLAYED  BY  DIRECT-CARE  NURSING
 STAFF,  NON-NURSING  DIRECT-CARE STAFF, AND ALLIED HEALTH PROFESSIONALS;
 AND
   (D) BE ADAPTABLE TO THE RELATIVE AVAILABILITY OF STAFF IN THE REGIONAL
 LABOR MARKET WHERE THE FACILITY IS LOCATED.
   § 2. Severability. If any provision of this act, or any application of
 any provision of this act, is held to be invalid, or ruled by any feder-
 al agency to violate or be inconsistent with any applicable federal  law
 or  regulation,  that  shall not affect the validity or effectiveness of
 any other provision of this act, or of  any  other  application  of  any
 provision of this act.
   §  3. This act shall take effect one year after it shall have become a
 law. Effective immediately, the addition, amendment and/or repeal of any
 A. 2931                             4
 
 rule or regulation necessary for the implementation of this act  on  its
 effective date are authorized to be made and completed on or before such
 effective date.