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Nursing Home Reforms Follow Deadly Year in New York

New York has been one of the states hit hardest by the pandemic. While most New Yorkers were affected by COVID-19, nursing home residents were especially impacted. In fact, New York has reported 13,800 deaths in nursing homes, which is more than any other state’s fatalities in long-term care facilities. To make matters worse, the controversy surrounding the Cuomo administration’s handling of nursing home protocols has left many families frustrated with the state’s nursing home laws and protections. 

The Cuomo administration recently passed new rules as part of the state’s budget, requiring for-profit nursing homes to spend, at minimum, 70% of their revenue on patient care, which is still a significant difference from neighboring states—New Jersey requires 90% of nursing home revenue to be spent directly on patient care. Additionally, the updated regulations will require 40% of revenue to be allocated to staffers that work directly with residents. The new rules also propose new restrictions on nursing home profit margins, stating that any profits that exceed 5% will have to be sent to the state. The Cuomo administration says the goal of new limitations is to prevent “bad actors” from entering the nursing home industry. 

Nursing Home Representatives Responded to New Regulations

It’s no surprise that New York’s nursing home industry has been quick to criticize the new revenue requirements, stating they need more flexibility in profit margins to account for costs like construction projects. Additionally, New York nursing home representatives, such as Stephen Hanse, the president of New York State’s Health Facilities Association, says the Cuomo administration has misdiagnosed the problems plaguing the nursing home industry. While Cuomo administration officials have cited owner greed as the main problem in nursing homes, Hanse says the real problem is poor reimbursement for care. 

New York’s Immunity Provision Will Change under New Laws

One of the biggest changes enforced by the Cuomo Administration is a repeal of the state’s immunity provision provided to nursing homes pre-pandemic. During the height of the pandemic, many New York nursing homes were shielded from legal recourse due to an immunity law, protecting nursing homes from accountability for unfair procedures. Many New Yorkers attributed this law to statewide nursing home problems, including protocols and staffing that are shown to create risk for residents. 

Call an Expert Nursing Home Abuse Lawyer in New York City

If you believe that a member of your family is involved in a neglectful situation in their nursing home, contact the trusted attorneys at Dalli & Marino. We’re a group of skilled attorneys dedicated to fighting for the rights of nursing home residents. We have an in-depth understanding of New York’s specific regulations and government healthcare and have been at the forefront of demanding change in the industry. 

At Dalli & Marino, we are committed to ensuring our clients receive fair compensation for the experience they endured. We have recovered millions of dollars for our clients since 1996. We approach each case on an individual basis and serve to help you or your loved one recover the money you need to compensate for your injury or illness. Give us a call at (888) 465-8790 or complete our contact form today.

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