BILL NUMBER: S8286
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
facilities 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
practical 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 profes-
sionals provide essential direct resident-facing care while promoting
mobility, restoring function, and improving resident quality of life and
should be appropriately recognized as part of the care team.
 
LEGISLATIVE HISTORY:
2024: S9580 - Senate Health Committee.
 
FISCAL IMPLICATIONS:
None
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S8286: 2895-b public health law, 2895-b(1) public health law, 2895-b(2) public health law