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.

Oral arguments in LeadingAge NY's lawsuit challenging the State's minimum staffing and minimum direct care spending requirements were postponed until Jan. 3^rd.

The timeline for imposing staffing penalties and the process for seeking mitigation of penalties remains unclear. LeadingAge NY has made available resources for members to monitor their compliance and collect data needed to justify mitigation.