LeadingAge NY Files Suit Challenging Minimum Nursing Hours and Minimum Spending Requirements

Joined by approximately 80 of its nursing home members, LeadingAge NY has filed a petition seeking a preliminary and permanent injunction to prevent the enforcement of the State's minimum nursing hours requirements and minimum direct care spending requirements. LeadingAge NY argues that inflexible staffing ratios and the arbitrary allocation of nurse and aide hours undermine professional discretion and fail to account for the varying needs of residents. It alleges that the one-size-fits-all standards are impossible to satisfy in the context of a declared staffing emergency and are inconsistent with a 2020 Department of Health (DOH) report on similar staffing ratio legislation. Enforcement of the law, under the circumstances, is arbitrary and irrational.

The petition was filed in State Supreme Court and alleges that the two laws are preempted by federal labor and nursing home laws and violate Medicaid and Medicare requirements. It further claims that the enforcement of the minimum staffing and spending requirements represents an arbitrary and capricious executive action.

A press release with additional information on the lawsuit is available here.

Contact: Karen Lipson, klipson@leadingageny.org, 518-867-8838