S3527 - NY Senate Open Legislation - Enacts Nursing Care Quality Protection Act

Sponsor: DUANE
Co-sponsor(s): FOLEY, HASSELL-THOMPSON, JOHNSON C, MONSERRATE, PARKER, PERKINS, SAMPSON, SCHNEIDERMAN, HASSELL-THOMPSON
Committee: HEALTH
Law Section: Public Health Law

S3527 Summary

Requires facilities to disclose nursing quality indicators; provides for facilities with an operating certificate to make available to the public information regarding nurse staffing and patient outcomes; directs commissioner of health to promulgate rules and regulations on information to be disclosed.

S3527 Actions

S3527 - COMMITTEE DISCHARGED AND COMMITTED TO RULES - Jul 15, 2009
S3527 - ORDERED TO THIRD READING CAL.851 - Jul 15, 2009
S3527 - REPORTED AND COMMITTED TO CODES - Apr 21, 2009
S3527 - REFERRED TO HEALTH - Mar 23, 2009

S3527 Calendars

Jul 16, 2009: ACTIVE LIST

Jul 16, 2009: FLOOR - BILLS ON THIRD READING

S3527 Votes

Vote: Committee - Rules - Jul 15, 2009

Ayes (14): SMITH, ESPADA, STACHOWSKI, MONTGOMERY, DUANE, HASSELL-THOMPSON, KRUEGER, PARKER, SERRANO, STEWART-COUSINS, DILAN, VALESKY, MONSERRATE, FARLEY
Ayes W/R (1): SALAND
Nays (8): KLEIN, SKELOS, PADAVAN, VOLKER, LAVALLE, SEWARD, HANNON, LARKIN
Excused (1): JOHNSON O

Same As: A1752A Votes

Vote: Floor - Jul 16, 2009

Ayes (47): ADAMS, ADDABBO, ALESI, AUBERTINE, BONACIC, BRESLIN, DEFRANCISCO, DILAN, DUANE, ESPADA, FLANAGAN, FUSCHILLO, GOLDEN, GRIFFO, HASSELL-THOMPSON, HUNTLEY, JOHNSON C, KLEIN, KRUEGER, LANZA, LAVALLE, LEIBELL, MAZIARZ, MCDONALD, MONSERRATE, MONTGOMERY, MORAHAN, NOZZOLIO, ONORATO, OPPENHEIMER, PADAVAN, PARKER, PERKINS, ROBACH, SALAND, SAMPSON, SAVINO, SCHNEIDERMAN, SERRANO, SMITH, STACHOWSKI, STAVISKY, STEWART-COUSINS, THOMPSON, VALESKY, VOLKER, YOUNG
Nays (10): FARLEY, HANNON, LARKIN, LIBOUS, LITTLE, MARCELLINO, RANZENHOFER, SEWARD, SKELOS, WINNER
Excused (5): DIAZ, FOLEY, JOHNSON O, KRUGER, SQUADRON

S3527 Memo

BILL NUMBER: S3527

TITLE OF BILL : An act to amend the public health law, in relation to disclosure of nursing quality indicators

PURPOSE : To provide the public with information regarding nursing staffing levels in hospitals

SUMMARY OF PROVISIONS : Requires hospitals to disclose nursing quality indicators, such as: * The numbers of RNs and LPNs providing direct care and the ratio of patients per RNs (full-time equivalent) providing direct care * The number of unlicensed personnel utilized to provide direct patient care * The incidence of adverse patient care incidents, including medication errors and patient injuries * The methods the hospital uses for determining and adjusting staffing levels

* Data regarding complaints filed with state or federal regulatory agencies or accrediting agencies, and regarding investigations as a result of those complaints.

EXISTING LAW : None.

JUSTIFICATION : As a result of pressure to cut costs, many hospitals are decreasing the numbers of registered and licensed practical nurse on staff and replacing them with unlicensed personnel. In addition to compromising patient care, this situation confuses patients, who cannot be sure if the person in a white lab coat attending to them is an RN or LPN, or an unlicensed attendant. This bill will help combat these problems by requiring hospitals to disclose information on the numbers of RNs, LPNs and unlicensed staff utilized to provide direct patient care.

LEGISLATIVE HISTORY : New bill.

FISCAL IMPLICATIONS : None.

LOCAL FISCAL IMPLICATIONS : None.

EFFECTIVE DATE : days after it has become law.

S3527 Text

S T A T E O F N E W Y O R K
3527
2009-2010 Regular Sessions I N SENATE March 23, 2009
Introduced by Sen. DUANE -- read twice and ordered printed, and when printed to be committed to the Committee on Health

AN ACT to amend the public health law, in relation to disclosure of nursing quality indicators

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM BLY, DO ENACT AS FOLLOWS:

Section 1. This act shall be known and may be cited as the "Nursing Care Quality Protection Act".

S 2. The public health law is amended by adding a new section 2805-t to read as follows:

S 2805-T. DISCLOSURE OF NURSING QUALITY INDICATORS. 1. EVERY FACILITY WITH AN OPERATING CERTIFICATE PURSUANT TO THE REQUIREMENTS OF THIS ARTI CLE SHALL MAKE AVAILABLE TO THE PUBLIC INFORMATION REGARDING NURSE STAFFING AND PATIENT OUTCOMES AS SPECIFIED BY THE COMMISSIONER BY RULE AND REGULATION. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS ON THE DISCLOSURE OF NURSING QUALITY INDICATORS PROVIDING FOR THE DISCLOSURE OF INFORMATION INCLUDING AT LEAST THE FOLLOWING, AS APPROPRI ATE TO THE REPORTING FACILITY:
(A) THE NUMBER OF REGISTERED NURSES PROVIDING DIRECT CARE AND THE RATIO OF PATIENTS PER REGISTERED NURSE, FULL-TIME EQUIVALENT, PROVIDING DIRECT CARE. THIS INFORMATION SHALL BE EXPRESSED IN ACTUAL NUMBERS, IN TERMS OF TOTAL HOURS OF NURSING CARE PER PATIENT, INCLUDING ADJUSTMENT FOR CASE MIX AND ACUITY, AND AS A PERCENTAGE OF PATIENT CARE STAFF, AND SHALL BE BROKEN DOWN IN TERMS OF THE TOTAL PATIENT CARE STAFF, EACH UNIT, AND EACH SHIFT. (B) THE NUMBER OF LICENSED PRACTICAL NURSES PROVIDING DIRECT CARE. THIS INFORMATION SHALL BE EXPRESSED IN ACTUAL NUMBERS, IN TERMS OF TOTAL HOURS OF NURSING CARE PER PATIENT INCLUDING ADJUSTMENT FOR CASE MIX AND ACUITY, AND AS A PERCENTAGE OF PATIENT CARE STAFF, AND SHALL BE BROKEN DOWN IN TERMS OF THE TOTAL PATIENT CARE STAFF, EACH UNIT, AND EACH SHIFT. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10646-02-9
S. 3527 2 (C) THE NUMBER OF UNLICENSED PERSONNEL UTILIZED TO PROVIDE DIRECT PATIENT CARE, INCLUDING ADJUSTMENT FOR CASE MIX AND ACUITY. THIS INFOR MATION SHALL BE EXPRESSED BOTH IN ACTUAL NUMBERS AND AS A PERCENTAGE OF PATIENT CARE STAFF AND SHALL BE BROKEN DOWN IN TERMS OF THE TOTAL PATIENT CARE STAFF, EACH UNIT, AND EACH SHIFT. (D) INCIDENCE OF ADVERSE PATIENT CARE, INCLUDING INCIDENTS SUCH AS MEDICATION ERRORS, PATIENT INJURY, DECUBITUS ULCERS, NOSOCOMIAL INFECTIONS, AND NOSOCOMIAL URINARY TRACT INFECTIONS. (E) METHODS USED FOR DETERMINING AND ADJUSTING STAFFING LEVELS AND PATIENT CARE NEEDS AND THE FACILITY'S COMPLIANCE WITH THESE METHODS. (F) DATA REGARDING COMPLAINTS FILED WITH ANY STATE OR FEDERAL REGULA TORY AGENCY, OR AN ACCREDITING AGENCY, AND DATA REGARDING INVESTIGATIONS AND FINDINGS AS A RESULT OF THOSE COMPLAINTS, DEGREE OF COMPLIANCE WITH ACCEPTABLE STANDARDS, AND THE FINDINGS OF SCHEDULED INSPECTION VISITS. 2. SUCH INFORMATION SHALL BE PROVIDED TO THE COMMISSIONER OF ANY STATE AGENCY RESPONSIBLE FOR LICENSING OR ACCREDITING THE FACILITY, OR RESPON SIBLE FOR OVERSEEING THE DELIVERY OF SERVICES EITHER DIRECTLY OR INDI RECTLY AND TO ANY MEMBER OF THE PUBLIC WHO REQUESTS SUCH INFORMATION DIRECTLY FROM THE FACILITY. WRITTEN STATEMENTS CONTAINING SUCH INFORMA TION SHALL STATE THE SOURCE AND DATE THEREOF.

S 3. This act shall take effect on the one hundred eightieth day after it shall have become a law; provided, however that effective immediate ly, the addition, amendment and repeal of any rule or regulation neces sary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.

S3527: Enacts Nursing Care Quality Protection Act