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History
- Referred to health
- Referred to health
Full text
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Sponsor's memo
Title of bill
An act to amend the public health law, in relation to enacting the "safe staffing for quality care act" and to amend the state finance law, in relation to moneys deposited into the improving quality of patient care fund
Purpose
Authorizes the State Department of Health to require all acute care facilities to comply with regulations that utilizes an assessment tool to determine acuity of patient health needs to establish standards for appropriate staffing ratios of nursing staff..
Summary of provisions
Section 1 is the short title.
§2 of the bill amends paragraphs (a) and (b) of subdivision 2 of section 2805 to require that application for operating certificates for a hospital include a staffing plan.
§3 of the bill amends the public health law to add ten new sections, 2820 through 2828 which will require hospitals to maintain and comply with a current staffing plan, and related provisions:
§ 2820. Establishes the policy and purpose of this legislation.
§ 2821. Defines terms used in these new sections.
§ 2822. Authorizes the commissioner of health to promulgate regulations pursuant to these sections.
§ 2823. Establishes the elements of a satisfactory staffing plan, setting forth minimum staff to patient ratios.
§ 2824. Requires compliance with staffing plans at all times except in emergency situations as defined. Also requires that staff have adequate orientation, as well as clinical competency.
§ 2825. Sets forth the conditions under which a staff nurse may refuse an assignment.
§ 2826. Sets standards for public disclosure of staffing standards as mandated by the department, and of actual staffing experience.
§ 2827. Prohibits delegation of the department's powers or duties to enforce safe staffing requirements.
§ 2828. Establishes increased civil penalties and a private right of action.
Section 4 of the bill adds a new subdivision 3-b of section 2801 of the public health law directing the Public health council to consider staffing violations when reviewing applications and renewals of certificates of incorporation.
Section 5 of the bill adds a new subdivision 3 of section 2805 of the Public Health law to require the Commissioner of Health to consider staffing violations when reviewing applications and renewals operating certificates for acute care facilities.
Section 6 amends subdivision 2 and 4 of section 97-aaaa of the State Finance Law to require the Health Department consider nurse staffing initiatives when distributing moneys earned on penalties from staffing violations. EXISTING LAW : None.
Justification
Licensed nurses constitute the highest percentage of direct health care staff in acute care facilities and have a central role in health care delivery. Inadequate and poorly monitored nurse staffing practices jeopardize the delivery of quality health care services and adversely impact the health of patients who enter acute care facilities, resulting in dangerous medical errors and patient infections. Establishing staffing standards for licensed nurses in acute care facilities throughout the state will ensure that these facilities operate in a manner that guarantees the public safety and the delivery of quality health care services.
Legislative history
This is a new bill.
Fiscal implications
None.
Local fiscal implications
None.
Effective date
Takes effect 180 days after it becomes law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.