NY A03389

Removes the requirement that labor supply shortages be "acute" to qualify as a valid reason for nursing home staffing deficiencies, changing the standard to simply "a labor supply shortage"

Expands factors the commissioner must consider when determining labor shortages to include overall regional labor supply and pay rates for certified nurse aides, licensed practical nurses, and registered nurses compared to rates in the facility's county and adjoining counties

Prohibits the Department of Health from imposing staffing penalties during and for one year following any declared statewide disaster emergency related to healthcare staff shortages

Eliminates the provision that nursing homes cannot use inability to secure staff as a defense if the shortage "was foreseeable and could be prudently planned for"

Retains the rule that routine staffing needs due to typical absenteeism, vacation, holidays, sick leave, and personal leave cannot be used as a defense for staffing violations