NY State Senate Bill 2023-S9580

Senate Bill S9580

2023-2024 Legislative Session

Establishes staffing standards for physical therapists and therapist assistants, occupational therapists and therapy assistants, respiratory therapists and therapy technicians and recreational therapists

download bill text pdf

Current Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 16, 2024	referred to health

2023-S9580 (ACTIVE) - Details

See Assembly Version of this Bill:: A2800
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §2895-b, Pub Health L
Versions Introduced in 2021-2022 Legislative Session:: A10515

2023-S9580 (ACTIVE) - Summary

Includes physical therapists, physical therapist assistants, occupational therapists, occupational therapy assistants, respiratory therapists, respiratory therapy technicians, and recreational therapists within the existing statutory staffing standards for nursing homes.

2023-S9580 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9580

SPONSOR: ADDABBO
 
TITLE OF BILL:

An act to amend the public health law, in relation to establishing
staffing standards for physical therapists, physical therapist assist-
ants, occupational therapists, occupational therapy assistants, respir-
atory therapists, respiratory therapy technicians, and recreational
therapists at nursing homes

 
PURPOSE:

The purpose of this bill is to recognize that physical therapists, phys-
ical therapist assistants, occupational therapists, occupational therapy
assistants, respiratory therapists, respiratory therapy technicians, and
recreational therapists play an essential role in providing hands on
direct health care services to nursing home residents. The direct care
provided by these workers are essential for nursing home residents to
best attain and maintain their highest practicable physical, mental and
psychosocial wellbeing. As such, these direct care workers must be
included within the nursing home staffing standard requirements.

 
SUMMARY OF PROVISIONS:

Amends Section 2895-b of the public health law to include physical ther-
apists, physical therapist assistants, occupational therapists, occupa-
tional therapy assistants, respiratory therapists, respiratory therapy
technicians, and recreational therapists within the nursing home staff-
ing standard requirements.

 
JUSTIFICATION:

This legislation would require time spent providing resident-facing
direct care by certain licensed and/or certified therapy professionals
to be counted toward a nursing home's minimum staffing hours as required
by law.

Beginning in 2022, New York State subjected all skilled nursing facili-
ties to a new minimum staffing law and regulations governing the direct
care nursing home workforce. At the time Public Health Law 2895-b went
into effect, it only applied to registered nurses (RNs), licensed prac-
tical nurses (LPNs), and certified nurse aides (CNAs).  It failed to
recognize the importance of other resident-facing direct care workers
such as physical, occupational, respiratory, and recreational therapists
and their assistant counterparts, all of whom play a crucial role in
nursing home residents' overall wellbeing, health, and quality of life.

Professional and para-professional therapy staff are an essential part
of the direct care provided to nursing home residents and their inclu-
sion within the State's minimum staffing requirements is critical for
residents to thrive and to promote independence with activities of daily
living and functional mobility. Furthermore, inclusion of therapy staff
would provide greater accuracy in accounting for the actual resident-
facing direct care provided, requiring over 600 nursing homes throughout
the State to account for these therapy hours in the provision of resi-
dent care.


Nursing homes face an ongoing workforce crisis. Including physical,
occupational, respiratory, and recreational therapists and assistants
toward the hours per resident day staffing levels recognizes the vital
role these patient-facing direct caregivers play in nursing homes to
ensure residents attain and maintain their highest practicable physical,
mental, and psychosocial well-being. These therapy professionals provide
essential direct resident-facing care while promoting mobility, restor-
ing function, and improving resident quality of life and should be
appropriately recognized as part of the care team.

 
PRIOR LEGISLATIVE HISTORY:

2021-2022: A,10515 - No Same As

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:
Immediately

2023-S9580 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9580
 
                             I N  S E N A T E
 
                               May 16, 2024
                                ___________
 
 Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public  health  law,  in  relation  to  establishing
   staffing standards for physical therapists, physical therapist assist-
   ants,   occupational   therapists,  occupational  therapy  assistants,
   respiratory therapists, respiratory therapy  technicians,  and  recre-
   ational therapists at nursing homes
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 2895-b of the public health law is
 amended by adding four new paragraphs (e), (f), (g) and (h) to  read  as
 follows:
   (E)  "PHYSICAL  THERAPIST  OR  PHYSICAL THERAPIST ASSISTANT" MEANS ANY
 PERSON LICENSED OR CERTIFIED AS SUCH PURSUANT  TO  ARTICLE  ONE  HUNDRED
 THIRTY-SIX OF THE EDUCATION LAW.
   (F)  "OCCUPATIONAL  THERAPIST OR OCCUPATIONAL THERAPY ASSISTANT" MEANS
 ANY PERSON LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE AS SUCH PURSUANT
 TO ARTICLE ONE HUNDRED FIFTY-SIX OF THE EDUCATION LAW.
   (G) "RESPIRATORY THERAPIST" OR "RESPIRATORY THERAPY TECHNICIAN"  MEANS
 ANY PERSON LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE AS SUCH PURSUANT
 TO ARTICLE ONE HUNDRED SIXTY-FOUR OF THE EDUCATION LAW.
   (H) "RECREATIONAL THERAPIST" MEANS ANY PERSON WITH A BACHELOR'S DEGREE
 WITH CERTIFICATION AS A CERTIFIED THERAPEUTIC RECREATION SPECIALIST FROM
 THE NATIONAL COUNCIL FOR THERAPEUTIC RECREATION CERTIFICATION.
   §  2.  Paragraph  (h) of subdivision 2 of section 2895-b of the public
 health law, as added by chapter 156 of the laws of 2021, is  amended  to
 read as follows:
   (h)  The  minimum  staffing  standard  includes  the  hours  which are
 required to be reported by a nursing home to  the  federal  Centers  for
 Medicare  and  Medicaid  Services  through the payroll based journal for
 long-term care for certified  [nursing  assistants  and]  NURSES  AIDES,
 licensed  nurses,  PHYSICAL  THERAPISTS,  PHYSICAL THERAPIST ASSISTANTS,
 OCCUPATIONAL THERAPISTS, OCCUPATIONAL  THERAPY  ASSISTANTS,  RESPIRATORY
 THERAPISTS,    RESPIRATORY   THERAPY   TECHNICIANS,   AND   RECREATIONAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05146-03-4
 S. 9580                             2
 
 THERAPISTS.  In determining compliance with the staffing standards under
 this subdivision, an individual shall not be  counted  while  performing
 administrative  services  as  defined  in  the payroll based journal for
 long-term care facilities.
   §  3.    Paragraphs  (a) and (b) of subdivision 3 and paragraph (a) of
 subdivision 4 of section 2895-b of the public health law,  as  added  by
 chapter 156 of the laws of 2021, are amended to read as follows:
   (a)  Beginning  January  first,  two thousand twenty-two every nursing
 home shall maintain daily average staffing hours equal to 3.5  hours  of
 care  per  resident  per day by a certified nurse aide, a licensed nurse
 [or], a nurse aide, A PHYSICAL THERAPIST, A PHYSICAL  THERAPIST  ASSIST-
 ANT,  AN  OCCUPATIONAL  THERAPIST,  AN OCCUPATIONAL THERAPY ASSISTANT, A
 RESPIRATORY THERAPIST, A RESPIRATORY THERAPY  TECHNICIAN,  OR  A  RECRE-
 ATIONAL THERAPIST, OR ANY COMBINATION THEREOF; provided that out of such
 3.5  hours, no less than 2.2 hours of care per resident per day shall be
 provided by a certified nurse aide [or], a nurse aide, A PHYSICAL THERA-
 PIST ASSISTANT, AN OCCUPATIONAL THERAPY ASSISTANT OR A RESPIRATORY THER-
 APY TECHNICIAN, OR ANY COMBINATION THEREOF and no less than 1.1 hours of
 care per resident per day shall be provided by a licensed nurse, A PHYS-
 ICAL THERAPIST, AN OCCUPATIONAL THERAPIST, A RESPIRATORY THERAPIST OR  A
 RECREATIONAL THERAPIST, OR ANY COMBINATION THEREOF.
   (b)  Beginning January first, two thousand twenty-three and thereafter
 every nursing home shall maintain daily average staffing hours equal  to
 3.5 hours of care per resident per day by a certified nurse aide [or], a
 licensed nurse, A PHYSICAL THERAPIST, A PHYSICAL THERAPIST ASSISTANT, AN
 OCCUPATIONAL THERAPIST, AN OCCUPATIONAL THERAPY ASSISTANT, A RESPIRATORY
 THERAPIST, A RESPIRATORY THERAPY TECHNICIAN OR A RECREATIONAL THERAPIST,
 OR ANY COMBINATION THEREOF; provided that out of such 3.5 hours, no less
 than  2.2  hours  of  care  per  resident per day shall be provided by a
 certified nurse aide, A PHYSICAL THERAPIST  ASSISTANT,  AN  OCCUPATIONAL
 THERAPY ASSISTANT OR A RESPIRATORY THERAPY TECHNICIAN OR ANY COMBINATION
 THEREOF,  and  no less than 1.1 hours of care per resident per day shall
 be provided by a licensed nurse, A PHYSICAL THERAPIST,  AN  OCCUPATIONAL
 THERAPIST,  A RESPIRATORY THERAPIST, OR A RECREATIONAL THERAPIST, OR ANY
 COMBINATION THEREOF.
   (a) A nursing home shall post  information  regarding  nurse  staffing
 that  the  facility  is  required  to make available to the public under
 section twenty-eight hundred five-t of this chapter. SUCH POSTING  SHALL
 ALSO  INCLUDE  THERAPIST  STAFFING  LEVELS AS SET FORTH IN THIS SECTION.
 Information under this paragraph shall be displayed in a  form  approved
 by  the department and be posted in a manner which is visible and acces-
 sible to residents, their families and the staff,  as  required  by  the
 commissioner.
   § 4. This act shall take effect immediately.

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