New York Governor Kathy Hochul has signed Senate Bill S5294B into law, establishing strict new requirements for “healthcare facilities” to prevent workplace violence. This legislation aims to protect healthcare workers, patients, and visitors by mandating that hospitals and nursing homes develop and implement comprehensive violence prevention programs and, in many cases, increase their physical security presence.
Background: Growing Concerns in Healthcare Safety
Workplace violence in healthcare settings has been a rising concern, with professionals facing increasing risks of assault and aggression. This new law addresses these challenges by formalizing the obligation for facilities to assess risks and deploy specific security measures. The legislation applies to “facilities,” defined specifically as general hospitals and nursing homes.
Covered Healthcare Facilities
A “facility” under this law is specifically defined as a general hospital or a nursing home as those terms are defined in Section 2801 of the New York Public Health Law.
- General Hospitals. This includes public and private hospitals that provide medical and surgical services to the sick or injured.
- Nursing Homes. This refers to facilities providing nursing care to sick, invalid, infirm, disabled, or convalescent persons in addition to lodging and board.
Key Provisions of the Law
- Mandatory Violence Prevention Programs. Within 12 months of the law’s effective date, all covered facilities must establish a workplace violence prevention program. This program must be designed to protect employees, patients, residents, and visitors from violent behavior consistent with federal requirements for safe settings and emergency preparedness under 42 CFR § 482.13(c)(2) and 42 CFR § 482.15 (a) and (d) 1.
- Annual Safety and Security Assessments. Beginning January 1, 2027, general hospitals are required to conduct workplace safety and security assessments at least annually. These assessments must evaluate potential hazards, including high-risk areas, uncontrolled access points, and areas with previous security problems.
- Security Personnel Requirements. The law imposes specific staffing mandates for security based on the facility’s location:
- Large Population Centers. General hospitals in cities or counties with a population of one million or more must have at least one off-duty law enforcement officer or trained security personnel present in the emergency department at all times.
- Other Locations. General hospitals in areas with populations under one million must have security personnel or law enforcement on the premises at all times, prioritizing a physical presence near the emergency department.
- Employee Involvement. Hospitals must actively involve employees and their collective bargaining representatives (if applicable) in the development of the safety and security plan.
Next Steps for Employers
Healthcare employers in New York should take immediate steps to prepare for these requirements:
- Review Current Security Measures: Assess existing security protocols and staffing levels to determine if they meet the new “at all times” presence requirements for emergency departments.
- Prepare for Assessments: Begin organizing the necessary data and teams to conduct the required annual safety and security assessments starting in 2027.
- Update Policies: Draft or revise workplace violence prevention policies to ensure they align with the new statutory requirements, including the procedures for employee involvement.
- Consult Legal Counsel: Speak with legal counsel to confirm the specific compliance timeline based on the law’s effective date and to clarify definitions regarding “trained security personnel”.
