New York hospital staffing citations climb to 18

As of March 15, the New York State Department of Health has cited 18 hospitals for violations of the state’s clinical staffing law.

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Erin Clary, a spokesperson for the department, provided the number to Becker’s but declined to comment further.

“As previously stated, the department cannot comment on open investigations,” she said. “As these cases may be the subject of an ongoing investigation, we cannot comment further at this time.”

The 18 hospitals cited is an increase from the 15 cited as of Feb. 16.

The citations follow the state health department’s adoption last June of a proposed regulation requiring hospitals to assign at least one nurse for every two patients in critical care units.

The regulation was a result of rule-making necessitated by the addition of Section 2805-t to the Public Health Law under Chapter 155 of the Laws of 2021, state officials said at the time. It is part of a state law signed in 2021 mandating hospitals establish clinical staffing committees. 

Under Section 2805-t, hospitals are required to establish clinical staffing committees to create and submit minimum staffing plans to the state’s health department. Those found in violation must submit a corrective action plan, which must be implemented upon state approval. Hospitals that don’t comply could face a fine of up to $2,000 per citation and/or any other related civil penalties.  

Meanwhile, the Communications Workers of America District 1, which represents 145,000 workers in 200 CWA local unions in New York, New Jersey, New England and Eastern Canada, has filed thousands of complaints against New York health systems — raised under hospitals’ clinical staffing plans filed with the New York Department of Health.

Hospitals’ staffing plans, which were posted in July 2022, are available here. 

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