Oppose Penalties for Mandatory Overtime in Nursing Homes
LeadingAge New York opposes two bills which would have negative effects on individuals living in nursing homes. The below-referenced bills would impose more severe penalties on providers that mandate nurse overtime, and simultaneously would disincentivize nurses from volunteering for overtime shifts. While we agree that overtime should be a last resort for hard-working nurses, the enactment of this legislation in the context of statewide nurse shortages will only reduce access to long-term care and other health care services and jeopardize the well-being of patients and residents.
The two bills, which are awaiting delivery to the Governor’s desk for action, amend section 167 of the Labor Law, which currently prohibits health care facilities from requiring nurses to work beyond their regularly scheduled hours, except under limited circumstances, such as a natural disaster, a federal or state health care emergency, a provider-determined emergency, or an ongoing medical or surgical procedure. The bills amend section 167 in different and inconsistent ways as follows:
- 286-A/S.1997-A (Gunther/Jackson) specifies penalties for violations of section 167 by health care facilities, beginning at $1,000 and increasing to $3,000 for repeat violations. The bill also mandates, for each violation, an additional 15 percent of the overtime payment to nurses who work mandatory overtime. LeadingAge NY memo of opposition available here.
- 8874-B/S.8063-A (Joyner/Ramos) also specifies penalties for violations of section 167 by health care facilities, beginning at $1,000 and increasing to $5,000 for repeat violations occurring within 3 years, and for each violation mandates an additional 15 percent of the overtime payment to nurses who work mandatory overtime. It also narrows the existing exceptions to the mandatory overtime ban, by reinstating the ban within 3 days after a health care disaster and at the end of a declaration of emergency or within 30 days, whichever is shorter. LeadingAge NY memo of opposition available here.
LeadingAge New York strongly urges a veto of both bills as they ignore the State’s nurse shortage and ask providers to sacrifice the well-being of patients and residents who have complex medical conditions and immediate nursing needs. Conscientious providers will not make that sacrifice, and in the context of our nursing shortages , will inevitably face heavy fines. Moreover, the bills will discourage nurses from volunteering to work overtime (and lead to an increase in mandatory overtime) by providing a 15 percent increase in pay, when overtime is mandated and the law is violated. This will only lead to more violations and additional fines on providers that are already financially strapped due to inadequate Medicaid rates.
Nursing home residents require access to nurses to address both urgent and ongoing essential clinical needs. If a nurse calls in sick or a provider cannot fill a shift, mandating overtime may be the only way a nursing home can meet these essential and life-sustaining needs. Nursing homes in particular will find themselves in a Catch-22 as a result of this legislation, as they are already struggling to meet the recently enacted nursing home staffing minimum hour standards. If these bills are approved by the Governor, homes will be put in a position of being penalized for not meeting the 3.5 hour staffing minimum, or being penalized for mandating overtime in order to reach that minimum hour requirement.
LeadingAge NY has written a comprehensive letter to the Governor on these bills (as well as a third bill that pulls in home care mandatory overtime restrictions). That letter to the Governor is available here.
Enter your information below to join us in urging the Governor to VETO both of these bills that would enhance penalties for mandatory nurse overtime in nursing homes.