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New York nursing homes say state needs to fund them if they are expected to hit staffing requirements in new law

Leading Age New York, a group representing 80 not-for-profit and government-operated nursing homes and care facilities, is suing the state of New York over a minimum staffing law.

The organization is seeking a preliminary injunction to prevent the enforcement of the state law, which mandates that facilities provide 3.5 hours of care per resident per day or face penalties.

Jim Clyne, President and CEO of Leading Age New York, says that the group’s members do not have enough staff to fulfill the requirements and that fear of penalties is leading to fewer available beds in nursing homes.


According to Clyne, the nursing home industry in New York has lost 6,000 beds since 2019 due to a lack of government funding and the inability to compete with salaries in the marketplace for recruitment.

He expressed frustration with the slow pace of the court process, noting that Tuesday’s hearing was to schedule oral arguments for a lawsuit that was filed six months ago. Leading Age New York is requesting that Governor Hochul include a 20% Medicaid increase in her budget to address the issue.

The state of New York’s Department of Health has stated that no enforcement actions have been taken to date and that the department will begin monitoring compliance and evaluating the broader impact on the industry. Governor Hochul’s office has indicated that the governor is committed to ensuring that nursing homes and long-term care facilities in the state are adequately staffed and in compliance with all existing laws and regulations.



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