DOH Reminds Nursing Homes to Comply with WARN Notice Requirements

(Dec. 9, 2025) The Department of Health (DOH) has issued a Dear Administrator Letter (DAL) reminding nursing homes of their obligations under the NYS Worker Adjustment and Retraining Notice Act (WARN) in the event of voluntary closure. The WARN Act and associated regulations at 12 NY Codes, Rules, and Regulations (NYCRR) Part 921 require nursing homes and other covered employers that employ 50 or more full-time employees to notify affected employees, employee representatives, the Department of Labor (DOL), and certain local officials of closings, mass layoffs, and certain relocations and reductions in hours. These notices must be provided at least 90 days prior to closure or other covered action.

The letter notes that failure to comply with WARN subjects the operator to enforcement remedies, including civil penalties and liability to employees. Guidance from DOL is available here and here.

Questions may be submitted to DOL here. Questions about the DAL should be submitted to DOH's Division of Nursing Home and Intermediate Care Facility for Individuals with Intellectual Disabilities (ICF/IID) Surveillance here.

Contact: Karen Lipson, klipson@leadingageny.org