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New E.O. 4.4 regarding Nursing Homes

On December 31, 2021 Governor Kathy Hochul issued Executive Order 4.4 suspending until January 31, 2022 any enforcement of parts of two controversial laws enacted last year that directly affect nursing homes.

The first statute is subdivision 3 of Public Health Law Section 2895-b which would otherwise require facilities to provide at least 3.5 hours of care per resident per day by a RN, CNA, LPN,  or a nurse’s aide.

The second suspended statute is that part of subdivision 1 of Public Health Law Section 2828 which requires facilities to spend at least 70% of their revenue on direct patient care, at least 40% of which must be on resident- facing staff. (Note: the Governor did NOT suspend that part of Section 2828 which caps profits at 5%).

Members should be mindful of two important points. First, as of now the suspensions are effective only for the month of January 2022. It remains to be seen whether the suspensions will be subsequently extended. Second, facilities should carefully track revenues and expenses during the month of January 2022, as those figures may be excluded from the year-end calculation of revenues and expenses used to determine compliance with the law.

NYSHFA/NYSCAL CONTACTS:

Stephen B. Hanse, Esq.
President & CEO
518-462-4800 x11

Posted in Legislative