HAMBURG, N.Y. — It’s been just over two weeks since Cynthia Russell first reached out to us at 7 News, worried about what she described as a noticeable decline in her mother-in-law’s condition inside a Hamburg nursing home.
"She’s not getting changed on the overnight shift like she’s supposed to be," Russell said.
Russell described hours-long waits for basic care, concerns that resonated with dozens of other families after we first aired our investigation.
Those concerns raised a central question: If New York has a minimum staffing law designed to prevent these problems, why are families still reporting them?
How the law actually works
New York’s nursing home staffing law, passed in 2021, requires facilities to provide an average of 3.5 hours of nursing care per resident per day, including minimum thresholds for certified nursing assistants and licensed nurses.
But the law does not require facilities to meet those staffing levels every single day.
Instead, compliance is measured over an entire quarter, using federally reported staffing data averaged across all days in those three months.
That means a facility can fall below the state’s minimum staffing levels on certain days, even significantly, as long as higher staffing on other days brings the quarterly average back up.
In practical terms, a facility can be legally compliant on paper, even if residents experience short-staffed shifts on specific days.
What the data shows at Elderwood at Hamburg
We analyzed daily staffing data reported by Elderwood at Hamburg for the most recent reported quarter. That review found multiple days, particularly on weekends, where staffing levels fell below the state’s minimum requirements.
During the 90-day reported period between April 1, 2025, and June 30, 2025, the facility did not meet the required 3.5-hour threshold on 77 days.
Those days still counted toward the facility’s quarterly average, which fell below the quarterly staffing minimum as required by state law.
Facilities that fail to meet the quarterly staffing minimums can be fined by the state.
However, after reviewing available state and federal enforcement records, we found no public record of fines issued at this facility during the period analyzed or at any other nursing home facility.
Lawmakers react
When asked about the structure of the law, some lawmakers acknowledged its limitations.
Republican State Senator George Borrello, who originally voted against the measure, called it "a feel-good piece of legislation" that he said failed to address deeper issues in the nursing home system.
"The bigger issue, in my opinion, is reimbursements are so low for adult care nursing homes," Borrello said.
Democratic Assemblymember Jonathan Rivera, who co-sponsored the legislation, said the law was intended to improve care statewide but acknowledged that enforcement remains an ongoing challenge. He explained that cuts to Medicare and Medicaid have made it more difficult for nursing home facilities to operate.
"If it's not receiving the money it needs to be able to cover its costs, it's going to look at reducing programs and reducing staff," Assemblymember Rivera said.
Republican State Senator Patrick Gallivan voted against the legislation; however, called it laudable. He explained that it did not address the staffing issues in nursing homes.
"It is incumbent on the Department of Health to enforce the various mechanisms already in place to provide oversight and ensure facilities are providing appropriate care for patients," he said.
Senator Gallivan added, "Staffing shortages exist throughout the health care industry, but additional legislation is not the answer. Instead, employers, educators and others must collectively do more to improve working conditions, incentivize employees, and make individuals aware of the opportunities that exist in health care."
What staff say happens on low-staffed days
An employee, who asked not to be identified for fear of retaliation, told us that the days reflected in the data are the same days residents wait the longest for care.
"A typical shift when we’re short-staffed is horrible," the employee said. "It definitely leads to longer wait times. The residents should not have to wait this long for care."
Advocates say those experiences highlight the gap between how staffing is measured and how it’s lived by residents and families.
We reached out to Elderwood multiple times for comment about the staffing concerns raised by families, employees, and the data review. The company has not responded.
We will continue tracking enforcement records, staffing data, and family complaints — and we are inviting anyone with concerns about nursing home care to contact us.