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CLIENT ALERT: Department of Health to Propose New Healthcare Regulations

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By Patrick Formato


On October 7, the New York State Department of Health will propose a series of regulations for consideration by the Public Health and Health Planning Council. The proposed regulations implement and expand upon new statutes that:

  • Require nursing homes to spend 70% of revenue on direct resident care and 40% of revenue on resident facing staffing expenses;
  • Mandate minimum levels of staffing for nursing homes – the proposed regulations would require at least 3.5 hours of care per resident, with at least 1.1 hours to be provided by registered professional nurse or licensed practical nurses; and
  • Direct general hospitals to establish clinical staffing committees that must develop and implement clinical staffing plans to set minimum staffing levels, with specific requirements for intensive and critical care units.

While these regulations must still go through a lengthy public comment period and may still be revised before they go into effect, forward planning for their likely adoption is advisable as their impact on health care facility’ operations could be significant.


Click here for the proposed regulations.


The Public Health and Health Planning Council’s discussion of these proposed regulations is taking place on October 7 at 10:15am.


The healthcare attorneys at Abrams Fensterman, LLP are committed to providing you with the most current and accurate information and guidance. If you have any questions, please contact Patrick Formato, Esq.Barbara Stegun Phair, Esq., Frank Mazzagatti, Esq., Michael Bass, Esq.Richard Thomas, Esq., Jonathan Rogoff, Esq., or any other attorney in our health law practice group.

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