NY nursing homes fell short of staffing standards nearly three out of five days

MethodsHPRD metricThresholdQuarterly mapping

New York state law requires nursing homes to provide at least 3.50 hours of care per resident per day. Though staffing is often summarized as a quarterly average, this analysis uses federal Payroll-Based Journal (PBJ) data—one record per nursing home per calendar day—to compare daily staffing levels against that standard.

In 2025, New York nursing homes reported staffing below the 3.50 HPRD standard on 123,428 facility-days — 57.1% of all daily records analyzed. Weekend shortfalls were more common, with 78.4% of Saturday and Sunday records falling below the standard. Shortfalls were also more frequent among for-profit facilities and varied sharply by region, with the Bronx region showing the highest rate. These findings have implications for workforce planning, enforcement priorities, resident advocacy, and public accountability.

Report methodology

Data: CMS PBJ daily staffing, CY2025 (NY only). Unit: facility-day (one home, one calendar day, census > 0).

Direct Care HPRD: RN, LPN, Nurse Aide (CNA, Med Aide, NA trainee) ÷ census. HPRD = Hours Per Resident Day. Excludes RN DON, RN admin, and LPN admin. Below standard = strictly under the threshold (default 3.50 direct care HPRD).

Daily vs. quarterly: Daily analysis compares each facility-day’s NY-mapped direct-care HPRD with 3.50. Quarterly rollups apply all three mapped floors—3.50 total, 2.20 CNA-side, and 1.10 licensed nurse—at the facility-quarter level.

Charts: Daily scenario charts include a PBJ Standard favicon toggle at the top right.

Limits: Self-reported PBJ; descriptive research—not legal advice or a violation finding.

NY Staffing Standard

N.Y. Public Health Law § 2895-b requires every nursing home to provide, on each day, at least 3.5 hours of care per resident per day by a certified nurse aide, licensed practical nurse, or registered nurse, including at least 2.2 hours from a CNA and at least 1.1 hours from a licensed nurse.

Daily vs. quarterly: This report’s daily sections measure shortfalls against 3.50 Direct Care HPRD per facility-day; quarterly rollups apply the full mapped standard (3.50 total, 2.20 CNA-side, and 1.10 licensed nurse) at the facility-quarter level. NY DOH determines formal compliance quarterly, not from any single daily PBJ record.

Penalties (statute): civil penalties up to $2,000 per day for each day in a quarter out of compliance, subject to mitigating factors—extraordinary circumstances, acute regional labor shortage, or a verifiable union dispute.

PBJ320 mapping (report standard): Direct-care HPRD uses RN + LPN + CNA + Med Aide + NA trainee, excluding RN DON, RN admin, and LPN admin—the same default NY-mapped roles used in this report’s daily charts and quarterly columns.

Source: N.Y. PHL § 2895-b · NY DOH

Any given Sunday: four in five facility Sundays were below 3.50 HPRD

MethodsDay of week

Below-standard staffing was far more common on weekends (78.4%) compared to weekdays (48.6%). Sundays (80.6%) had the highest rate of shortfalls while Wednesdays (42.8%) had the lowest.

% of facility-days below 3.50 HPRD · by day of week · NY · 2025% days below std · DOW · NY · 2025

Midweek low: Wednesday 42.8%. Weekend high: Sunday 80.6%. Source: CMS PBJ; analysis by PBJ320.

Weekend vs. weekday breakdown

% facility-days below 3.50 HPRD · PBJ standard · 2025% days < 3.50 HPRD · standard · 2025
NY statewideNY state 57.1%123,428/216,134 48.6%75,126/154,548 78.4%48,302/61,586
NY statewide · for-profit 65.1%97,295/149,366 56.6%60,444/106,808 86.6%36,851/42,558
NYC (5 boroughs)NYC 65.0%38,725/59,582 57.7%24,563/42,604 83.4%14,162/16,978
NYC · for-profit 67.5%31,517/46,719 60.4%20,167/33,407 85.3%11,350/13,312

Source: CMS PBJ; analysis by PBJ320.

For many homes, below-standard staffing was routine

MethodsFacility tableProvider-day bands

For most New York nursing homes, direct care staffing below 3.50 HPRD was the norm. Nearly six in ten facilities reported below 3.50 HPRD on at least half of their analyzed 2025 days, and about one-quarter fell below the standard on at least 90% of days. At the other end, roughly one in seven homes met or exceeded 3.50 HPRD on more than 90% of days.

NY nursing homes · daily direct care staff below 3.50 HPRD

NY nursing homes daily staffing relative to 3.50 HPRD · sortable · 596 facilities
# Facility County Ownership % below 3.50 2025 HPRD (Direct) Qtrs < 3.50 Qtrs < Floor

Source: CMS PBJ; analysis by PBJ320.

Nursing homes by share of days below 3.50 HPRD · NY · 2025% days < 3.50 HPRD · NY · 2025

Source: CMS PBJ; analysis by PBJ320.

For-profit facilities had higher daily shortfall rates

MethodsOwnership slices

Below-standard rates differed by ownership type. Statewide, for-profit nursing homes were below New York’s 3.50 HPRD standard on 65.1% of 2025 facility-days, compared with 42.0% for non-profit homes and 23.8% for government-operated homes.

The same pattern appears within New York City: NYC for-profit homes were below the standard on 67.5% of facility-days, compared with 65.3% for NYC non-profit homes and 6.0% for NYC government-operated homes.

For-profit facilities had higher daily shortfall rates Share of 2025 facility-days below New York’s 3.50 HPRD standard2025 days < 3.50 HPRD · NY

Source: CMS PBJ; analysis by PBJ320.

Ownership type, statewide and NYC · all days · 2025 · Source: CMS PBJ; analysis by PBJ320.
Slice % Days Below 3.50 HPRD Days Below Facility-Days
All NY57.1%123,428216,134
NY statewide · for-profit65.1%97,295149,366
NY statewide · non-profit42.0%23,63156,275
NY statewide · government23.8%2,50210,493
NYC (5 boroughs)65.0%38,72559,582
NYC · for-profit67.5%31,51746,719
NYC · non-profit65.3%7,08810,857
NYC · government6.0%1202,006
RelatedSearch NY nursing home owners and operators in the PBJ320 ownership database.

Bronx and Queens show highest non-compliance rates below 3.50

MethodsCounty joinCounty map

Among high-volume counties, the Bronx and Queens show the highest shares of facility-days below 3.50 HPRD; Erie and Monroe are lower among large upstate counties.

County map · % facility-days below 3.50 HPRD · 2025County map · % days < 3.50 HPRD · 2025

Bubble map by county centroid: circle = upstate county, triangle = NYC borough. Size ≈ facility-day volume; color = % below at 3.50 HPRD. Source: CMS PBJ; analysis by PBJ320.

% of facility-days below 3.50 HPRD · top 10 counties by volume · 2025% days < 3.50 HPRD · top 10 counties · NY · 2025

Counties sorted by % below standard (lowest to highest among top 10 by volume). Source: CMS PBJ; analysis by PBJ320.

Methodology, data sources, and limitations

Data sources and scope

Primary legal reference: N.Y. Public Health Law § 2895-b. This analysis uses CMS Payroll-Based Journal (PBJ) daily nurse staffing for calendar year 2025: four quarterly CSV releases (CY2025Q1–Q4). Each record is one nursing home on one work date with role-level hours and census.

Facilities are limited to New York State CCNs present in PBJ during 2025. The unit of analysis is the facility-day (one home, one calendar day, census > 0).

Staffing metric (HPRD)

Primary NY-mapped HPRD (§ 2895-b default): (RN + LPN + CNA + Med Aide + NA trainee) ÷ MDS census. Excludes RN DON, RN admin, and LPN admin from the default total and from the default licensed-nurse floor.

Daily vs. quarterly: Daily analysis compares each facility-day’s reported NY-mapped direct-care HPRD with the 3.50 standard. Quarterly statutory-style analysis applies the full mapped standard — 3.50 total, 2.20 CNA-side, and 1.10 licensed nurse — at the facility-quarter level. Daily counts describe reported staffing levels; quarterly rollups are descriptive statutory-style mappings, not NY DOH enforcement determinations.

Primary daily metric: reported NY-mapped direct-care HPRD strictly below 3.50. Hero KPIs, weekend breakdown, and the facility directory use this reference. Other daily charts include inline PBJ Standard controls.

NY statutory role floors (quarterly): CNA-side HPRD = CNA + Med Aide + NA trainee ÷ census (floor 2.20). Licensed-nurse HPRD = RN + LPN only ÷ census (floor 1.10). Counts appear in the facility table quarterly columns. A comparison toggle shows the broader eight-role PBJ total; an embedded include-DON sensitivity adds RN DON to both the 3.50 total and the 1.10 licensed-nurse floor (still excluding admin).

Threshold and “below standard”

Scenario default threshold: 3.50 HPRD (3.50 total component). A facility-day counts as below when HPRD is strictly less than the threshold (days exactly at the threshold count as compliant).

Note: MACPAC lists 3.56 HPRD for New York total nursing, including 0.06 HPRD of a registered professional nurse to serve as the DON on a full-time basis.

PBJ Standard controls live inside each daily scenario chart (threshold and staff mix). Weekend breakdown and the facility directory use the NY 3.50 direct-care reference.

Ownership, geography, and charts

Ownership and county are assigned from CMS Provider Info snapshots aligned to each PBJ quarter where available.

NYC = Kings (Brooklyn), Queens, Bronx, New York (Manhattan), Richmond (Staten Island).

Weekend views combine Saturday and Sunday facility-days before aggregating.

Grouped ownership bars and the slice table follow the inline PBJ Standard controls on those charts.

Day-of-week chart

One bar per weekday (Mon–Sun) for NY statewide facility-days with census > 0. Below standard at threshold T: share of that weekday’s facility-days with the active metric strictly below T. Values come from precomputed day-of-week curves and update with scenario controls.

County map and top-county bars

County map uses approximate county centroids (not facility address geocoding). Bubble area scales with facility-day volume; fill color encodes % below standard at the active threshold (green / amber / red tiers in legend). The horizontal county chart lists the top 10 counties by volume; bar fill uses a blue scale by % below (see chart note).

Facility table

Each row is one nursing home (CCN) with 2025 facility-day count, mean HPRD, and a precomputed below-standard curve for thresholds 2.50–5.50 HPRD. Sorting and filters run in your browser; changing scenario controls swaps the curve for each home—no live download on each click.

Provider-day bands

For each home, compute the share of its 2025 facility-days (census > 0) with total nursing HPRD strictly below the active threshold. Sort homes into bands: 100% of days below, 90–99%, 75–89%, and so on. Bars show the percent of nursing homes in each band (596 in this report). Same facility curves as the table; recomputed when scenario controls change.

Quarterly statutory-style mapping

New York determines staffing compliance quarterly. PBJ320 summarizes each facility-quarter (sum of mapped role hours ÷ sum of census-days) against all three NY floors: 3.50 total, 2.20 CNA-side, and 1.10 licensed nurse. Provider table quarterly columns show quarters below ÷ quarters analyzed (e.g. 2/3, not 2/4). These calculations are descriptive and are not NY DOH enforcement determinations.

NY role floors (quarterly mapping)

For each facility-quarter with census-days > 0, three HPRD measures are computed from summed PBJ role hours:

NY-mapped total HPRD
RN + LPN + CNA + Med Aide + NA trainee ÷ census-days. Floor 3.50.
CNA-side HPRD
CNA + Med Aide + NA trainee ÷ census-days. Floor 2.20 (NY statute).
Licensed-nurse HPRD
RN + LPN only ÷ census-days. Floor 1.10 (NY statute mapping).

Met all three — the facility-quarter meets all mapped floors (AND). Missing any floor — below on total, CNA-side, or licensed nurse. Counts appear in the facility table.

Limitations

  1. Based on facilities' self-reported PBJ daily data, not NY DOH enforcement records or penalty assessments.
  2. This report does not evaluate whether NY minimum staffing policy is sufficient, effective, or well designed—only how often PBJ-reported days fall below mapped thresholds.
  3. Default NY-mapped HPRD excludes RN DON, RN admin, and LPN admin; the comparison toggle shows the broader eight-role PBJ total.
  4. Days with zero census excluded. Days at exactly the threshold count as compliant (strictly below only).
  5. Ownership and county from CMS Provider Info, quarter-aligned snapshots. NYC = five boroughs.

How to replicate this analysis

This report uses public CMS data. Findings can be replicated using methodology below.

  1. PBJ daily staffing — Download quarterly CMS PBJ nurse staffing files for your state and year from data.cms.gov (e.g. CY2025Q1–Q4).
  2. Provider Info — Download ownership and county from the Provider Data Catalog; join to PBJ by CCN.
  3. Facility-days — One row per home per calendar day (census > 0). Sum hours by role; divide by census for HPRD; flag days strictly below your threshold.
  4. Aggregates — Statewide and slice-level shares below standard by day of week, ownership, county, and other cuts used in the charts.
  5. NY role floors — Compute CNA-side and licensed-nurse (RN+LPN) HPRD on the default NY-mapped roles. For quarterly statutory-style rollups, aggregate role hours and census-days by facility-quarter, then flag whether each facility-quarter meets all three mapped floors.

PBJ320 verification workbook · CSV package · Corrections

This report is descriptive research on self-reported federal data. It is not legal advice and does not assert regulatory violation, negligence, or causation.