The Public Health and Health Planning Council approved the regulations for adoption, but will adopt a resolution requesting statutory changes and requested that the Department provide a briefing on implementation of the regulations. PPE stockpile regulations were also renewed, but only on an emergency basis for 60 days.

LeadingAge NY has submitted written comments and will testify before the Public Health and Health Planning Council on Thurs., Nov. 17^th.

Statewide staffing crisis unabated as three in four nursing homes remain unable to reach staffing requirements.

With potential penalties looming, nursing home members should consider documenting any mitigating circumstances thwarting compliance with staffing level requirements.

Nursing homes have until Nov. 14^th to finalize their PBJ data submissions for the July through September 2022 timeframe.

The association's comments on the revised proposed regulations point out that inevitable penalties from enforcing staffing requirements that are infeasible in a workforce emergency will only deplete resources needed to recruit and retain staff. The payment of penalties, which are not countable for meeting minimum spending requirements, can also trigger seizures of revenues, further draining facilities of needed funds.

The proposed revisions include a change requested by LeadingAge NY related to the minimum penalty when mitigating factors exist. Comments are due by Sept. 26, 2022.

Template compares submitted staffing data to State staffing requirements.