Requires the department of health to promulgate rules necessary to establish staffing standards for certain health care facilities; directs such facilities to file reports and post daily staffing levels to demonstrate compliance with such rules; provides that failure of a hospital to comply with the requirements of this section shall be deemed a violation and subjects such hospital to possible penalties and injunctions.

---

S1502-2013 Actions

• Jan 9, 2013: REFERRED TO HEALTH

S1502-2013 Memo

BILL NUMBER:S1502

TITLE OF BILL:
An act
to amend the public health law, in relation to directing the department
of health to promulgate rules establishing staffing standards for
certain health care facilities, and providing methods for demonstrating
compliance with such rules

PURPOSE: Requires the health department to establish
rules and
regulations regarding nurse to patient ratios for certain health care
facilities and monitor compliance.

SUMMARY OF PROVISIONS: Section 2 directs the
department to promulgate
necessary rules and regulations to establish staffing standards for
hospitals. These rules and regulations will be designed to ensure
that the classifications, skills, experience and numbers of health
care professionals providing direct care are sufficient to meet the
needs of hospital patients.

Each hospital must maintain an internal review mechanism that ensures
compliance and provides for the review of incidents and staff concerns.

Each hospital will annually file with department a statement of
compliance.

JUSTIFICATION: Adequate nurse staffing is critical to
ensure high
quality patient care. Nurses at every level have experienced staffing
problems which have added an unnecessary burden to the workplace and
jeopardized the care patients receive.

This legislation directs the Department of Health to establish rules
and regulations establishing an effective nurse to patient ratio for
New York State hospitals. Based on these rules, hospitals will
establish a policy to ensure the needs of hospital patients are met.

LEGISLATIVE HISTORY: 2000-12: Health

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.

S1502-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    1502

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  Introduced  by  Sen.  MARCELLINO  -- 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  directing  the
    department  of health to promulgate rules establishing staffing stand-
    ards for certain health care facilities,  and  providing  methods  for
    demonstrating compliance with such rules

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


    Section 1. The public health law is amended by adding  a  new  section
  2806-a to read as follows:

    S  2806-A.  STAFFING  STANDARDS.  1. AS USED IN THIS SECTION, THE TERM
  "HOSPITAL" SHALL HAVE THE SAME MEANING AS DEFINED IN SUBDIVISION ONE  OF
  SECTION TWENTY-EIGHT HUNDRED ONE OF THIS ARTICLE.
    2.  THE DEPARTMENT SHALL PROMULGATE NECESSARY RULES AND REGULATIONS TO
  ESTABLISH STAFFING STANDARDS FOR HOSPITALS. SUCH RULES  AND  REGULATIONS
  SHALL BE DESIGNED TO ENSURE THAT THE CLASSIFICATIONS, SKILLS, EXPERIENCE
  AND  NUMBERS  OF HEALTH CARE PROFESSIONALS PROVIDING DIRECT PATIENT CARE
  ARE SUFFICIENT TO MEET THE NEEDS OF HOSPITAL PATIENTS.  SUCH  RULES  AND
  REGULATIONS SHALL REQUIRE THAT EACH HOSPITAL:

    (A)  UTILIZES  A STAFFING SYSTEM WHICH PROVIDES A SUFFICIENT NUMBER OF
  QUALIFIED STAFF TO MEET THE NEEDS OF HOSPITAL PATIENTS AS DETERMINED  BY
  A REGISTERED NURSE OR PHYSICIAN DIRECTLY INVOLVED IN PATIENT CARE.
    (B)  MAINTAINS  AN  INTERNAL  REVIEW MECHANISM THAT ENSURES COMPLIANCE
  WITH THE STAFFING SYSTEM; PROVIDES FOR THE REVIEW OF INCIDENTS AND STAFF
  CONCERNS; AND TRACKS STAFFING PATTERNS, NUMBER  OF  PATIENTS  AND  THEIR
  DETERMINED NEEDS.
    3.  BEGINNING  NO  LATER  THAN TWELVE MONTHS FOLLOWING DISTRIBUTION TO
  HOSPITALS OF THE RULES AND REGULATIONS PROMULGATED PURSUANT TO  SUBDIVI-
  SION  TWO OF THIS SECTION, AS A CONDITION OF CONTINUING OR OBTAINING ITS
  OPERATING CERTIFICATE,  EACH  HOSPITAL  SHALL  ANNUALLY  FILE  WITH  THE

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD03255-01-3

 S. 1502                             2

  DEPARTMENT,  AND MAKE AVAILABLE TO THE PUBLIC, A STATEMENT OF COMPLIANCE
  WITH SUCH RULES AND REGULATIONS. THE STATEMENT SHALL  BE  FILED  IN  THE
  FORM AND MANNER AS DETERMINED BY THE DEPARTMENT.
    4. BEGINNING NO LATER THAN SIX MONTHS FOLLOWING DISTRIBUTION TO HOSPI-
  TALS  OF  THE  RULES AND REGULATIONS PROMULGATED PURSUANT TO SUBDIVISION
  TWO OF THIS SECTION, EACH HOSPITAL SHALL  DAILY  POST,  IN  A  PROMINENT
  PLACE,  A  REPORT  OF  THE STAFFING LEVELS IN EACH PATIENT CARE UNIT FOR
  THAT DAY.
    5. THE FAILURE OF A HOSPITAL TO COMPLY WITH THE REQUIREMENTS  OF  THIS
  SECTION,  OR  ANY RULE OR REGULATION PROMULGATED PURSUANT THERETO, SHALL
  BE DEEMED A VIOLATION AND SHALL SUBJECT SUCH HOSPITAL TO  THE  PENALTIES
  AND  INJUNCTIONS  SET  FORTH  IN  SECTION TWELVE OF THIS CHAPTER.   EACH
  INSTANCE IN WHICH THE STAFFING LEVELS OF ANY SHIFT  OF  ANY  UNIT  OF  A
  HOSPITAL  FAIL  TO  MEET  THE  REQUIREMENTS ESTABLISHED PURSUANT TO THIS
  SECTION SHALL CONSTITUTE A SEPARATE VIOLATION OF THIS SECTION.
    S 2. This act shall take effect immediately.