A COVID-era law targeting understaffing at health care facilities has seen its first significant settlement, serving as a signal to other New York facilities to address staffing issues in a timely manner or face fines.
New York’s Department of Health reached a settlement with Albany Medical Center, fining the facility $375,000 for failing to correct staffing violations. Should the Center fully comply with the settlement agreement, the state will waive one third of the penalty, which is $125,000.
Albany Medical Center is the fifth facility to be cited under the law, Public Health Law § 2805-t. The Health Department's 2024 report on the Center found hundreds of staffing violations, and the Center did not submit a plan to correct the violations, the Health Department concluded. The investigation into the Center began after the New York State Nurses Association, which represents nurses at the facility in contract negotiations, submitted numerous understaffing complaints.
The nurses’ union has repeatedly complained about the state’s lackluster enforcement of the law, which was passed in response to complaints about staffing and working conditions during the height of the COVID pandemic. The union believes insufficient staffing leads to burnout and turnover.
The law requires facilities to implement staffing plans for each unit and mandates a 1:2 nurse-to-patient ratio for critical care patients.
“We hope this can be a wake-up call for this hospital and others who refuse to invest in safe patient care,” said Nancy Hagans, union president, in a statement from the nurse’s union. “Nurses will not back down until Albany Med makes a real effort to safely staff the hospital by working to hire and retain experienced nurses.”
Dennis McKenna, president and CEO of the Albany Med Health System, said in a statement to the media that the company is committed to continuous improvement and has worked with the state to develop a revised plan that received “favorable approval.”
“We consistently invest in our workforce and infrastructure to support excellence in care and to ensure we continue to meet the evolving needs of our communities,” he said.
The significant penalty from the state is a signal to other medical facilities that non-compliance will be taken seriously and be met with significant financial penalties.
“The Department enforces public health regulations without fear or favor to protect the public,” state Health Commissioner Dr. James McDonald said in a statement to the media. “This agreement reinforces the importance of timely compliance with staffing requirements and helps ensure that hospitals are accountable to both their workers and the patients they serve.”
