On September 27, 2024, Governor Kathy Hochul in New York signed a new requirement into law impacting New York nursing facilities. New York Public Health Section 2808-e already requires that New York nursing facilities post their overall Centers for Medicare and Medicaid Services (“CMS”) rating. This new law requires nursing facilities to also post their CMS ratings for health inspections, staffing, and quality measures.
This new requirement requires every New York nursing facility to post these ratings for health inspections, staffing, and quality measures on the homepage of any website utilized by the nursing facility and on any website/webpage relating to such facility maintained by an entity which owns or operates such facility. Additionally, each nursing facility shall also post such ratings conspicuously so that they are visible to the general public and to residents.
As detailed in some of the legislative history regarding this new requirement, “[t]he purpose of this bill is to provide that every nursing home facility in the state display prominently the most recent star ratings for health inspections, staffing, and quality measures pursuant to the inspection rating system of the U.S. Center[s] for Medicare and Medicaid Services (CMS), to allow consumers, their families, and caregivers to easily compare facilities based upon their assigned ratings … The Center[s] for Medicare and Medicaid Services established a five-star rating system, in which nursing home ratings can be easily and readily understood. In times of crisis, these ratings can be difficult to find. If ratings and information are not easily accessible, the information they provide cannot be helpful or effective. This bill would make these ratings readily available so that families seeking nursing facilities can make an informed decision in the best interests of their loved ones.”
There was opposition to this new law from New York nursing home associations as this legislation was viewed as duplicative of other requirements and has been perceived as not providing a complete, accurate, or timely illustration of a nursing facility’s overall quality. Nevertheless, the new law takes effect on December 26, 2024. It is anticipated that the New York State Department of Health will issue further guidance on this requirement prior to its compliance date.
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