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Nursing home rules and staffing in the Capital Region

New York's minimum nursing hours, federal certification, and how to read both.

Quick answer

The New York State Department of Health licenses nursing homes under Public Health Law Article 28 and 10 NYCRR Part 415, and nearly every home in the region is also certified by the federal Centers for Medicare & Medicaid Services, which rates it on Care Compare.

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Last verified: November 2026

Who regulates nursing homes in the Albany area?

The New York State Department of Health licenses nursing homes under Public Health Law Article 28 and 10 NYCRR Part 415, and nearly every home in the region is also certified by the federal Centers for Medicare & Medicaid Services, which rates it on Care Compare.

New York's roster lists 48 nursing homes in the nine counties with 7,072 beds; CMS rates 38 of them, and 9 hold four or five stars overall (Care Compare data as of October 1, 2026). State inspectors carry out the federal surveys too, so a single inspection feeds both the state record and CMS's health inspection rating.

What is New York's minimum nursing home staffing requirement?

Public Health Law 2895-b requires at least 3.5 hours of nursing care per resident per day, of which at least 2.2 hours must come from certified nurse aides and at least 1.1 hours from licensed nurses, with penalties of up to $2,000 a day for noncompliance.

The state checks the hours quarter by quarter using payroll data. CMS publishes each home's reported staffing too, and our facility pages compare those reported hours with the 3.5-hour floor. A home can meet the average and still run thin on nights and weekends, so ask about both.

How should Albany families read CMS star ratings?

Treat the overall star rating as a summary built from three parts, health inspections, staffing and quality measures, and look at each part separately, because a home with a strong overall score can still have a weak inspection history.

The health inspection stars carry the most weight in CMS's formula and compare homes within the state, not nationally. Staffing stars come from payroll records. Quality measures are partly self-reported. Combine the stars with the deficiency count and the date of the last inspection rather than relying on any single number.

Can a Capital Region nursing home discharge a resident who switches to Medicaid?

No: a Medicaid-certified nursing home cannot discharge a resident simply because their payment source changed from private funds or Medicare to Medicaid, and any proposed discharge must follow federal notice rules and can be appealed.

Discharge appeals go to the Department of Health's hotline, 1-888-201-4563, which also takes nursing home complaints around the clock. Families should also know the room may change at conversion if the resident was in a private room the Medicaid rate does not cover.

Where are nursing home inspection results posted?

Inspection results appear on CMS Care Compare and on NYS Health Profiles, and our nursing home pages reproduce the CMS figures with their data date, including deficiencies, fines, payment denials, staffing and turnover.

The statement of deficiencies behind each citation can be requested from the home. Ask for the latest one and the plan of correction on your tour; a home that hands them over without hesitation is telling you something useful.

Side by side

New York nursing home rulesNew York nursing home rules do not
StaffingRequire 3.5 hours per resident per dayPost a per-shift ratio
RatingsLeave stars to CMSIssue state star ratings
MedicaidProtect residents who convert to MedicaidAllow discharge for converting
ComplaintsRun a 24-hour hotline, 1-888-201-4563Require going through the home first

Where this page states a rule or a dollar figure, it relies on New York statute or regulation (Social Services Law, Public Health Law, 18 NYCRR and 10 NYCRR), Department of Health GIS messages and directories, CMS, the VA or CareScout, as named in the text. How we source facts: editorial standards.

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