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DataPoint: PBJ Data Signals Improvement in Staffing Compliance

(Nov. 5, 2024) The Centers for Medicare and Medicaid Services' (CMS) newly posted Payroll-Based Journal (PBJ) data for daily nurse staffing during the second quarter of 2024 reveals that NYS continues to show steady improvement in compliance with State-mandated staffing requirements. Section 2895-b of the Public Health Law (PHL) and Department of Health (DOH) regulations at 10 NY Codes, Rules, and Regulations (NYCRR) §415.13 require a total of 3.5 hours of nurse staffing per resident per day in nursing homes, of which at least 1.1 hours must be provided by Registered Nurses (RNs) or Licensed Practical Nurses (LPNs) and at least 2.2 hours provided by Aides. Compliance with these thresholds is calculated by tallying the sum of a facility’s RN and LPN hours, Aide hours, and total nursing hours for the observed quarter and dividing it by the sum of the Minimum Data Set (MDS) census for each day in the quarter. Failure to meet any one of the three thresholds on the aggregate results in that facility being deemed noncompliant for that quarter. On a statewide basis for the second quarter of 2024, without regard for sponsorship, 67 percent of facilities were deemed noncompliant. A deeper delve into the data reveals that 78 percent of for-profit homes were noncompliant, along with 52 percent of not-for-profit homes and 17 percent of public homes. Each of these figures represents an all-time low since LeadingAge NY started tracking compliance in the fourth quarter of 2021. On a regional basis, 5 of the 7 DOH regions saw improvement in compliance, with an average improvement of 4.2 basis points. The Long Island region saw the greatest improvement this quarter and now has the lowest rate of noncompliance amongst the seven DOH regions. The Rochester and Syracuse regions saw great improvement, too.

REGION

Q1 2024 NONCOMPLIANCE

Q2 2024 NONCOMPLIANCE

1BUFF

68.1%

69.6%

2ROCH

62.1%

57.9%

3SYR

75.6%

66.7%

4TROY

75.4%

78.1%

5NYC

76.8%

72.4%

6NROC

71.3%

67.4%

7LI

65.8%

53.2%​​​​​​​

 

The median nursing staff hours per resident day remained steady from the previous quarter.

QUARTER

ALL HOMES

FOR-PROFIT

NOT-FOR-PROFIT

PUBLIC

Q1 2024

3.3

3.2

3.56

4.00

Q2 2024

3.4

3.2

3.60

3.95

 ​​​​​​​

The LeadingAge NY PBJ Member Tool will be available for download on Wed., Nov. 6th and will be posted alongside previous quarters here.​​​

Contact: Eric Dumas, edumas@leadingageny.org, 518-867-8851