The FAQs include a chart describing progressive penalties based on the gap between the facility's staffing and the overall 3.5 nursing hours per resident day and the number of quarters out of compliance. Progressive penalties may be fully or partially reduced based on mitigating factors.

Changes in law impact nursing homes, ADHC programs, diagnostic and treatment centers, hospitals, and other employers.

The Commissioner of Health has determined that an "acute labor supply shortage" of nurses and aides existed statewide in the last three quarters of 2022, providing a basis for nursing facilities to apply for a reduction of penalties.

Attorneys presented oral arguments on June 5^th in LeadingAge NY's lawsuit challenging the minimum nursing home staffing and minimum spending requirements.

Release of nursing home PBJ data for the fourth quarter of 2022 show staffing challenges persist.

Majority of nursing homes continue to struggle to meet state staffing requirements.

CMS recommends reviewing reports and submitting in advance of the due date.

A hearing on LeadingAge NY’s lawsuit challenging the nursing home minimum hours and minimum direct care spending laws was held on Jan. 3^rd.