The 2021 New York state law that sets minimum staffing standards for nursing homes has administrators, caregivers and labor unions debating how to meet the mandate.
The staffing law calls for the state's more than 600 nursing homes to provide 3.5 hours of nursing care per resident per day.
1199SEIU, the largest union of healthcare workers in the country, contends nursing home operators are forcing staff to work in facilities with an insufficient number of caregivers and workers to provide adequate care.
Stephen Hanse is President & CEO of the New York State Health Facilities Association, which represents more 450 skilled nursing and assisted living providers throughout New York.
"Executive Order Number Four by the governor states that, basically, we are experiencing an extreme health care workforce crisis," said Hanse. "I am on a committee which 1199 is on as well, for the Nurses Across New York initiative, which is utilizing or coming up with strategies to recruit and retain nurses in light of this crisis."
Hanse says the crisis existed before the COVID pandemic. He notes that the cost of caring for a Medicaid resident in New York is approximately $265 per patient per day, but New York only reimburses providers on average $211 per patient per day. Hanse suggests the Medicaid rate be increased and 100% of that increase be dedicated to the long-term care workforce.
"It's part and parcel, you need to increase the Medicaid rate to meet the costs. And you really need to attract new people into the field of long term care. Not many people are going into it."
Mindy Berman, the union's communications director, says employees at the Delmar Center for Rehabilitation and Nursing have experienced some very tough times.
"The fact that that's a fight, that just right here in Albany, when a bunch of workers said 'we're not making market wages,' and they're like, no, but practically the whole place is staffed with agency at this point," Berman said. "The employer, the owner said to them, 'all right, we'll raise your wages but we're going to we're going to take back, we're going to cut your health benefits.' I mean, that is that is a key to the struggle too, is that, the fact that that we even have to fight for physical and mental health benefits every day is ridiculous."
Berman says the union hasn't been able to find common ground with Delmar Center owner Bronx-based Centers Health Care.
Director of Corporate Communications for Delmar Center Jeff Jacomowitz tells WAMC otherwise.
“Delmar Center has been working closely with the employees and union members on rates and benefits and we look forward to the continuing dialogue that we've been having and arriving at a mutually beneficial agreement. The facility is committed to continue to follow all New York state regulations, including any of the new proposed regulations,” said Jacomowitz.
Meantime, Hanse stresses that recruitment and retention are the keys to resolving the statewide staffing crisis.
"I spoke to a nursing home administrator last week, who said if a bus full of nurses showed up in front of his nursing home, he would hire them all sight unseen," Hanse said. "It is not a function of the workers are there and they're not getting paid. They are they have other options in the labor market and the state is disinvested. We need to increase the Medicare rate to equal the cost of a Medicare patient and dedicate all that money to pay those workers while at the same time creating a recruitment initiative to bring new people into long-term care.”
According to Berman, workers at Delmar Center are taking a vote on whether to hold an informational picket in early October to seek more public awareness of their plight.
