DataPoint: Latest Staffing Data Show Slight Improvement

(May 6, 2025) The Centers for Medicare and Medicaid Services' (CMS) newly posted Payroll-Based Journal (PBJ) data for daily nurse staffing during the fourth quarter of 2024 reveals that NYS continues to show steady improvement in compliance with State-mandated staffing requirements. Section 2895-b of the Public Health Law (PHL) and Department of Health (DOH) regulations at 10 NY Codes, Rules, and Regulations (NYCRR) §415.13 require a total of 3.5 hours of nurse staffing per resident per day in nursing homes, of which at least 1.1 hours must be provided by Registered Nurses (RNs) or Licensed Practical Nurses (LPNs) and at least 2.2 hours provided by Aides. Compliance with these thresholds is calculated by tallying the sum of a facility’s RN and LPN hours, Aide hours, and total nursing hours for the observed quarter and dividing it by the sum of the Minimum Data Set (MDS) census for each day in the quarter. Failure to meet any one of the three thresholds on the aggregate results in that facility being deemed noncompliant for that quarter. On a statewide basis for the fourth quarter of 2024, without regard for sponsorship, 66 percent of facilities were deemed noncompliant. A deeper delve into the data reveals that 76 percent of for-profit homes were noncompliant, along with 50 percent of not-for-profit homes and 20 percent of public homes. Since LeadingAge NY started tracking compliance in the fourth quarter of 2021, this has been the lowest rate of noncompliance for not-for-profit homes. On a regional basis, 5 of the 7 DOH regions saw improvement in compliance, with an average improvement of 2.2 basis points. Despite the Albany region sporting the greatest improvement in noncompliance this quarter, it remains the least compliant of the seven DOH regions.

The median nursing staff hours per resident day showed steady improvement from the previous quarter, too.

The LeadingAge NY PBJ Member Tool is available for download, alongside previous quarters, here.

Contact: Eric Dumas, edumas@leadingageny.org, 518-867-8851