Starting on September 18, 2026, the recently enacted New York workplace violence prevention law, codified at N.Y. Public Health Law § 2832, goes into effect. The law requires covered facilities—defined as a general hospital or a nursing home—to establish and implement formal workplace violence prevention programs to protect workers, patients, and visitors by September 18, 2027.
Under the N.Y. Public Health Law, a general hospital is defined as a facility that provides medical, or medical and surgical, services primarily to in-patients 24 hours a day under a doctor’s supervision. “General hospital” does not include a residential health care facility, public health center, diagnostic center, treatment center, out-patient lodge, dispensary and laboratory or central service facility serving more than one institution. A nursing home is defined as a facility providing nursing care to sick, invalid, infirm, disabled or convalescent persons in addition to lodging and board or health-related services.
Requirements for “General Hospitals”
By September 18, 2026, general hospitals located in a city or county with a population of one million or more are required to have at least one off-duty law enforcement officer or trained security personnel present at all times in the emergency department. If the general hospital is located in a city or county where the population is less than one million, it is required to have at least one off-duty law enforcement officer or trained security personnel on premises at all times in a manner that prioritizes physical presence near, or within close proximity to, the emergency department. However, this does not apply to hospitals designated as critical access hospitals, sole community hospitals, or rural emergency hospitals.
N.Y. Public Health Law § 2832 also requires—beginning January 1, 2027—general hospitals to conduct workplace safety and security assessments no less than on an annual basis. They must evaluate workplace violence threats and hazards, employee training policies, existing security procedures, and procedures for addressing violent or disruptive patients and other persons. General hospitals must also develop a safety and security plan that addresses the identified workplace violence threats or hazards. As part of the plan, a general hospital must also adopt security measures and policies, including personnel training policies designed to prevent or minimize identified workplace violence threats or hazards and protect employees, patients, and visitors from aggressive or violent behavior. The plan must be tailored to the size, complexity, and geographic location of the general hospital.
General hospitals must also ensure there is active involvement from employees, including recognized collective bargaining agents, in implementing the plan. General hospitals also must provide a written detailed summary of the plan to its employees and collective bargaining representatives. They must also provide information to employees and collective bargaining representatives about how to report incidents of workplace violence.
Requirements for “Nursing Homes”
N.Y. Public Health Law § 2832 allows nursing homes to satisfy their requirements through compliance with the federal regulations applicable to facility assessments and emergency preparedness for nursing homes, codified at 42 CFR 483.71(a)(3) and (b)(1), and 42 CFR 483.73(a)(1), provided that such assessments and plans address workplace violence threats and hazards.
Next Steps
We recommend covered general hospitals and nursing homes review their existing workplace violence policies and incident-reporting procedures and work with counsel to revise their policies and procedures, if needed.
