Assembly Bill A3389

2025-2026 Legislative Session

Relates to safe staffing levels at nursing homes

download bill text pdf

Sponsored By

Current Bill Status - In Assembly 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

co-Sponsors

2025-A3389 (ACTIVE) - Details

See Senate Version of this Bill:
S2652
Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Amd §2895-b, Pub Health L
Versions Introduced in Other Legislative Sessions:
2021-2022: A9681, S7470
2023-2024: A3147, S3029

2025-A3389 (ACTIVE) - Summary

Relates to safe staffing levels at nursing homes; requires the department of health to give significant weight to labor supply shortages in particular regions during any declared statewide disaster emergency.

2025-A3389 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3389
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2025
                                ___________
 
 Introduced by M. of A. SIMPSON, BLANKENBUSH, DeSTEFANO, LEMONDES, GIBBS,
   BENDETT, HAWLEY -- read once and referred to the Committee on Health
 
 AN  ACT  to  amend  the  public health law, in relation to safe staffing
   levels at nursing homes
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subparagraph  (iii) of paragraph (b) and paragraph (d) of
 subdivision 2 of section 2895-b of the public health law,  as  added  by
 chapter 156 of the laws of 2021, are amended and a new subparagraph (iv)
 is added to paragraph (b) to read as follows:
   (iii)  the  existence  of  [an acute] A labor supply shortage within a
 particular region. When determining if  there  is  [an  acute]  A  labor
 supply  shortage  within  a  specific region in a specific quarter, or a
 shorter period of time as determined by the  commissioner,  the  commis-
 sioner  shall  take  into  consideration  the following factors: OVERALL
 regional labor supply, REGIONAL  LABOR  SUPPLY  of  available  certified
 nurse  aides,  licensed practical nurses and registered nurses; regional
 pay rates for [the relevant  titles]  CERTIFIED  NURSE  AIDES,  LICENSED
 PRACTICAL NURSES AND REGISTERED NURSES EMPLOYED IN A NURSING HOME WITHIN
 THE  PARTICULAR  COUNTY OR ANY ADJOINING COUNTY RELATIVE TO THE FACILITY
 as determined by the  federal  department  of  labor,  bureau  of  labor
 statistics;  and  evidence that the facility attempted to procure suffi-
 cient staffing.
   (IV) THE DEPARTMENT SHALL NOT IMPOSE ANY PENALTIES DUE TO  THE  EXIST-
 ENCE  OF  A  LABOR SUPPLY SHORTAGE DURING THE PERIOD OF AND FOR ONE YEAR
 FOLLOWING ANY DECLARED STATEWIDE DISASTER EMERGENCY PURSUANT TO  SECTION
 TWENTY-EIGHT  OF  THE  EXECUTIVE LAW RELATING TO HEALTHCARE STAFF SHORT-
 AGES.
   (d) In determining whether a nursing home has violated its obligations
 under this section, it shall not be a defense that such nursing home was
 unable to secure sufficient staff if the lack of staffing [was foreseea-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03748-01-5

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.