STATE OF NEW YORK ________________________________________________________________________ 5079 2023-2024 Regular Sessions IN ASSEMBLY March 2, 2023 ___________ Introduced by M. of A. GUNTHER -- read once and referred to the Commit- tee on Health AN ACT to amend the public health law, in relation to providing for minimum registered nurse staffing for intensive care and critical care patients The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The public health law is amended by adding a new section 2 2805-aa to read as follows: 3 § 2805-aa. Minimum registered nurse staffing for intensive care and 4 critical care patients. All hospitals shall provide a minimum of one 5 registered professional nurse for every two patients in intensive care 6 or critical care settings at all times, increased as appropriate for the 7 acuity level of the patient. The hospital shall provide registered 8 professional nurse staffing to maintain the minimum staffing ratio 9 during meal breaks or absences from the patient care unit. The minimum 10 staffing requirement shall apply to all designated intensive care and 11 critical care units and to other units or departments of the hospital 12 where patients requiring intensive or critical care services are housed 13 or receiving treatment. 14 § 2. Subparagraph (ii) of paragraph (b) of subdivision 5 of section 15 2805-t of the public health law, as added by chapter 155 of the laws of 16 2021, is amended to read as follows: 17 (ii) [Staffing regulations to be promulgated by the commissioner 18 relating to staffing in intensive care and critical care units no later 19 than January first, two thousand twenty-two. Such regulations shall 20 consider the factors set forth in paragraph (b) of subdivision four of 21 this section, standards in place in neighboring states, and a minimum 22 standard of twelve hours of registered nurse care per patient per day] 23 Minimum nurse to patient staffing ratios for intensive and critical care 24 patients as required by section twenty-eight hundred five-aa of this 25 article; 26 § 3. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09870-01-3