Several bills signed by governor, others await review
The New York State legislative session officially ended on June 21, 2023, and legislators are back in their home districts. It’s a good time to remind ourselves and them of the work they accomplished on behalf of hospitals and patients and what more needs to be done to achieve financial stability and sustainability for hospitals and to alleviate the ever-pressing workforce shortage.
With the pandemic mostly behind us, those of us in healthcare and public health learned many lessons about care delivery, flexibility, and emergency response and preparedness. But workforce needs were perhaps the most challenging, as hospital staff members were stretched thin with many falling ill themselves. Unfortunately, a good number chose to leave the profession for a variety of reasons – stress, burnout, even fear. Other contributing causes include eligibility for retirement, delays in licensure approvals, competition from other sectors of healthcare and the economy, a shortage of faculty that limits capacity to train new workers, and the cost and duration of education programs, to name a few.
Although a workforce shortage existed prior to the pandemic, the health emergency exacerbated the situation. Thankfully, our legislators and regulatory bodies put workforce flexibilities in place to help us through and passed several bills during this most recent legislative session that will continue to alleviate the shortage for us.
At this point in time, the governor has signed three workforce-related bills and others await her review. The governor’s Executive Order 4, which was tied to the healthcare workforce shortage, provided many flexibilities for nearly two years. It expired June 22, 2023, which is why passage of several workforce bills into law was so imperative for hospitals. Highlights include:
Temporary Practice Permits. This legislation authorizes out-of-state licensed RNs, LPNs, and physicians who have been practicing in New York State, as of May 22, 2023 and who have filed an application for New York State licensure, to practice for another 180 days, pending the state education department’s determination of their application.
Community Paramedicine. This legislation allows community paramedicine programs to continue for two more years. Community paramedicine flexibilities include enhanced use of EMTs and advanced EMTs in non-traditional settings.
Clinical Laboratory Licensure Modernization. This legislation modernizes the restricted licensing parameters under which clinical laboratories function. The legislation allows licensed technologists to perform all molecular tests.
Broadening of Standing Orders. NOT YET SIGNED, this legislation would expand broader use of standing orders. It would allow hospitals to establish protocols that authorize physicians to prescribe non-patient-specific orders that a registered nurse may perform, such as electrocardiogram tests and point-of-care blood glucose tests. Broader use of standing orders, which helps with workflow and staffing needs, was allowed under executive order 4 and earlier COVID waivers.
On Hospitals’ Watch List
Hospitals are working hard to regain financial stability after the strain of the pandemic and look to our legislators to pass meaningful reforms and other legislation that will help and not hinder our ability to care for our patients.
Unfortunately, a bill that will dramatically expand the field of wrongful death claims was passed. The Grieving Families Act would expand the list of people who could seek economic and non-economic damages in a wrongful death case and extend the time period in which to file a wrongful death suit. This legislation, if signed by the governor, will severely increase medical malpractice premiums. Health analytics firm Milliman estimated that this legislation could increase provider insurance premiums by 45 percent. Last year, the governor vetoed a similar version of the legislation and cited its costs to several sectors of the economy as her reason for doing so.
Another bill requires ongoing analysis of all hospital claims data from the New York State Health Insurance Program (NYSHIP) followed by a comparison of this payment data to Medicare reimbursement levels. Rather than look at increases in healthcare costs and the causes holistically, this legislation focuses solely on hospital costs. The report would be made public.
Look for my upcoming blog posts that will report on these concerns and pending legislation before the governor.
About the Suburban Hospital Alliance of New York State
The Suburban Hospital Alliance of New York State advocates on behalf of hospitals in the Hudson Valley and Long Island regions. It engages key lawmakers and regulatory decision-makers in Albany and Washington to ensure reasonable and rational health care policy prevails.
About the Nassau-Suffolk Hospital Council (NSHC)
The Nassau-Suffolk Hospital Council represents the not-for-profit and public hospitals on Long Island. It works in conjunction with the Suburban Hospital Alliance of New York State to advance legislative and regulatory priorities. NSHC serves as the local and collective voice of hospitals on Long Island.
About the Northern Metropolitan Hospital Association (NorMet) The Northern Metropolitan Hospital Association represents the not-for-profit and public hospitals in the Hudson Valley region. It works in conjunction with the Suburban Hospital Alliance of New York State to advance legislative and regulatory priorities. NorMet serves as the local and collective voice of hospitals in the Hudson Valley.




