Unions take issue with New York’s ‘safe staffing’ law enforcement

Nearly one year after a New York law required hospitals across the state to develop and implement staffing plans for smaller nurse-to-patient ratios, unions representing healthcare workers are calling for better enforcement of the “safe staffing” law.

Members of the New York State Nurses Association (NYSNA) and Communications Workers of America (CWA) District 1, as well as other unions, urged state lawmakers hours ahead of a December 19 hearing to ensure the safe staffing law (aka the 2021 Clinical Staffing Committee law) is fully implemented and that policies to bolster the healthcare workforce—which is still plagued by shortages—take priority in upcoming budget negotiations. The law, which took effect January 1, 2023, requires hospitals to create committees of staff and management that establish the plans.

Rebecca Miller, CWA’s New York state deputy legislative and political director, said unsafe staffing levels are “the No. 1 issue harming patient care and pushing healthcare workers to voluntarily leave the bedside,” further exacerbating workforce shortages.

“To stabilize the current healthcare workforce, hospitals must radically improve working conditions, and that starts with robust enforcement of the 2021 Clinical Staffing Committee law,” she said in a statement. “At the same time, in this upcoming budget, New York state must stabilize hospital budgets by fully funding Medicaid and enact policies that will improve recruitment and retention of healthcare workers.”

NYSNA President Nancy Hagans added that “members in every part of the state report chronic understaffing that compromises care and drives nurses away from the bedside.”

“We need to change that immediately by ensuring safe staffing everywhere,” she said in a statement.

The push comes just weeks after CWA notified the state Department of Health (DOH) of 8,000+ alleged clinical staffing plan violations, including claims that nurses were repeatedly asked to work beyond their scheduled hours or at higher nurse-to-patient ratios than required by law. NYSNA is also looking to ensure safe staffing standards via its contract enforcement process.

DOH spokesperson Danielle De Souza confirmed that the agency had received CWA’s complaints, and cited 11 hospitals for violations of the law. Those facilities were required to submit a corrective plan of action.

A spokesperson for the Greater New York Hospital Association (GNYHA) declined to comment on the union’s complaints.