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.
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: 2000-10: Health
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 936 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________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 THEEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04373-01-1 S. 936 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.