BILL NUMBER: S7994
SPONSOR: RAMOS
 
TITLE OF BILL:
An act to amend the labor law and the education law, in relation to the
hours worked by nurses in home care settings
 
PURPOSE:
To restrict consecutive hours of required work by nurses in the home
care setting except in emergencies; does not prohibit a nurse from
voluntarily working overtime.
 
SUMMARY OF PROVISIONS:
§ 1 of the bill amends section 167 of the labor law to add a facility
licensed or operated pursuant to article thirty-six of the public health
law to the definition of employer. Adds regularly scheduled home care
visits to the definition of Regularly scheduled work Hours. Adds Home
Care visits to the existing law that no health care employer shall
require a nurse to work more than that nurse's regularly scheduled work
hours or home care visits.
§ 2 of the bill amends section 6510-e of the education law to include
home care visits to the terminology.
§ 3 is the effective date
 
JUSTIFICATION:
Homecare nurses work in a demanding, stressful environment where proper
decision making is a critical function of the job. In 2008, legislation
limiting consecutive hours of work by nurses in other settings was
passed and signed into law. That legislation did not include homecare
settings (article thirty-six).
Through consultation with the borne care industry, this language was
developed to limit the consecutive hours of work by nurses in the home-
care setting. Understaffing has resulted in nurses working longer hours
caring for sicker, needier patients, and, in greater need of suitable
rest. Unscheduled, mandatory overtime is an unfair, additional burden
placed on a workforce, primarily female, with his or her own family and
childcare responsibilities to address. This bill would not prohibit
voluntary overtime assignment, but would allow nurses to take care of
their own family needs, and their own rest needs, without concerns for
charges of patient abandonment or patient neglect. This bill is intended
to improve the healthcare environment for patients and the working envi-
ronment for nurses and their families.
 
LEGISLATIVE HISTORY:
2021-22: S4485A - Vetoed by the Governor (Memo.190)
2019-20: S5678 - referred to Labor
2017-18: A876 referred to Labor
2015-16: A1127 referred to Labor/S3100 referred to Labor
2013-14: A1632 referred to Labor/S1673 referred to Labor
2011-12: A410 referred to Labor/S5154 referred to Labor
2009-10: A6492 introduced/Died in Assembly Codes/S5016 Died Senate
Finance
 
FISCAL IMPACT:
The use of overtime to address staffing needs has resulted in increased
overtime costs. This bill should result in additional new hires at more
favorable rates.
 
EFFECTIVE DATE:
Shall take effect on the ninetieth day after becoming law.

Statutes affected:
S7994: 167 labor law, 167(1) labor law, 6510-e education law