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Hanse told SNN that many facilities have limited or stopped admissions as a result of the staffing crisis, which has noticeably backed up hospital discharges. Lokavant, an artificial-intelligence platform aimed at addressing the challenges of managing clinical trials and collecting patient data, has raised $21 million in a Series A funding round. Monica Pomeroy, a spokesperson at the state department of health, commented on the developments. Now that his letter has been addressed, Hanse told Crain’s there are still two issues facing the nursing home industry that the state Legislature has to reckon with.
When setting annual staffing standards for units, and the state health department can levy penalties against hospitals that fail to create or abide by the standards. NYSNA nurses won a major victory in the battle for safe staffing when the New York State legislature passed the Hospital Staffing Committees law last summer. For the first time, there is a process for setting and enforcing staffing standards at every hospital in New York State. Helen Schaub, also with 1199, said the state health department will be checking up on the nursing homes to make sure that they comply with the staffing requirement by examining payroll data that the homes must file with the federal government.
Publications and Documentation
Although the safe staffing law only requires a nursing home to average 3.5 care hours per day for all residents, it still has to meet every individual resident’s care needs as well, Heckler said. The original safe staffing law bill would have mandated nursing home residents get at least 4.1 hours of care a day. The state health department will enforce the staffing plans with monetary fines for hospitals that are noncompliant, and will also establish new minimum staffing standards for ICUs and critical care units to be incorporated in each hospital's annual staffing plans.
Attorney General Tish James' January 2021 report on the nursing home industry found that former Gov. Andrew Cuomo and his aides undercounted by 50% the number of nursing home deaths during the height of the pandemic. The report also documented severe weaknesses in the system, including chronic understaffing at many facilities. The safe staffing bill was championed for years by the New York State Nurses Association and 1199SEIU, and passed with fanfare last week by the state Senate and Assembly.
PHHPC upholds vote on nursing home staffing, spending regulations despite pushback
The association’s Legal Services Committee is evaluating both issues for potential litigation, while several other entities have signaled an intent to mount a legal challenge. We will keep members informed of developments and will be sharing informational materials and educational sessions on both of these provisions going forward. Please contact us if you need additional information on evaluating the impact of the provisions on your organization. New York State Attorney General Letitia James, whose report on nursing homes last year led to industry reforms, is now calling on Gov. Kathy Hochul to implement those same reforms. Skilled Nursing News is the leading source for news and information covering the skilled nursing industry.
It is illegal for a nursing home to demand or accept donations (e.g., for a building fund) from family members to assure placement of a relative. "This law doesn't state that ratios must be stipulated, but inevitably that's what it means," Judy Sheridan-Gonzales, president of the New York State Nurses Association said. 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. The Bridge connects music lovers with music makers and engages in the community, supporting musicians, venues, and listeners. “The law going into effect really has no practical impact on the lawsuit,” he said.
Implementing the Hospital Staffing Committees Law
Patient education and patient/family knowledge of care requirements shall be included in the nursing plan. The nursing care plan may be integrated into the overall interdisciplinary plan of care. There shall be working relationships among medical staff, nursing staff and staff of other departments or services to assure that all patient care needs are met. The director of nursing services shall provide for the supervision and evaluation of the clinical activities of all nursing personnel. NYS DOH operates a Nursing Home Complaint Hotline to receive complaints about nursing home care in New York State. The Hotline is staffed by clinical professionals who provide specific information about callers' concerns.
Catholic facilities must follow ethical and religious directives that say they can’t provide abortion or sterilization services and may not "promote or condone" contraceptives. New York was initially the hardest hit when COVID-19 arrived in the U.S., with nursing homes bearing the brunt as they dealt with an onslaught of critically ill patients. LeadingAge NY will alert members to any additional information regarding the implementation of the regulations or the status of the lawsuit. She said residents went for months without visitors earlier in the COVID-19 pandemic, and sometimes they just needed to have a conversation. Martinez said she hopes the new staffing minimums will now make that possible.
President Joe Biden’s Build Back Better Agenda includes a mandate that the U.S. Department of Health and Human Services studies minimum staffing ratios and then implements regulations within a year. It also mandates that every nursing home have at least one registered nurse in the facility at all times. “Direct resident care” is defined as the cost centers listed in the residential health care facility cost report.
If you are receiving care in a hospital, your doctor and the hospital discharge planning staff will assist in making arrangements for your placement, hopefully in the nursing home of your choice. But the lawsuit actually discredits nursing homes’ argument that they’re struggling financially, resident advocates say. The suit’s main argument is that confiscating nursing homes’ excess profit above the cap violates federal law. There’s a $55 per day shortfall between what the state reimburses nursing homes and what it actually costs to care for a Medicaid resident, while nursing homes have not received a cost of living adjustment in Medicaid rates in 14 years. 1199 SEIU, which is the largest health care union in the country, has been pushing for wage and pension increases in wake of the pandemic.
To union leaders and resident advocates, the safe staffing law and profit cap were compromises. NYSHFA commissioned an independent study by consulting firm Clifton Larson & Allen, which found nearly two-thirds of New York’s 611 nursing homes currently do not meet the safe staffing law’s 3.5-hour minimum. Hochul cited the state’s shortage of health care workers as the reason for delaying the laws’ original Jan. 1 start date, and the nursing home industry argues that shortage has not ended. Michael Balboni, executive director of the Greater New York Health Care Facilities Association, said the debate over quarterly versus daily averages is “moot,” considering, in his opinion, there’s not enough workers to comply with the law anyway.
The law requires the state’s more than 600 nursing homes to provide 3.5 hours of care per resident per day. Of the 3.5 hours, no less than 2.2 hours of care must be provided by a certified nursing assistant or nurse aide. At least 1.1 hours of care must be given by a registered nurse or licensed practical nurse . She encourages residents and their families to ask their nursing home to commit in writing how many care hours their individualized care plan calls for.
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