powered by LeadingAge New York

EO 4.6 Continues Suspension of 70/40 Spending/Minimum Aide Requirement and Continues Workforce Flexibilities

Last week, Governor Hochul extended Executive Order (EO) 4.4 through March 31, 2022, thereby suspending the requirements that nursing homes:

  • spend 70 percent of revenue on direct resident care and 40 percent of revenue on resident-facing staffing; and
  • meet daily average minimum nurse and aide staffing hours.

The text of the extension is set forth in EO 4.6, available here.

LeadingAge NY understands that month-to-month extensions offer limited relief and do not allow you to plan for the future. As you know, our State budget advocacy includes requests to delay minimum staffing requirements for two years and to modify the calculation of minimum spending. We hope that you are carrying forward these messages in your meetings with legislators.

Members should note that EO 4.6 also extends EOs 4, 4.1, 4.2, 4.3, 4.4, and 4.5 through March 31, 2022.

EO 4.6 continues to allow several workforce flexibilities issued earlier in EOs 4 and 4.1, including the continuation of the use of out-of-state licensed staff in the nursing home setting without a New York State-issued nursing license as well as several home care flexibilities. Previous Intelligence articles on EO 4 and EO 4.1 provide further detail.

Contact: Meg Everett, meverett@leadingageny.org, 518-867-8871