Enacts the "safe staffing for quality care act"

BILL NUMBER:S7974

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 and nursing homes to comply with regulations that establish standards for appropriate staffing ratios of nursing and unlicensed direct care staff.

Summary of provisions

Section 1 is the short title.

Section 2 amends paragraphs (a) and (b) of subdivision 2 of Public Health Law section 2805 to require that application for operating certificates for a hospital include a staffing plan.

Section 3 amends the public health law to add ten new sections, 2823 through 2831 which will require hospitals to maintain and comply with a current staffing plan; enumerates the elements of a satisfactory staffing plan; sets forth minimum staff to patient ratios; provides for emergency situations as defined; requires adequate orientation and clinical competency; and establishes increased civil penalties and a private right of action.

Section 4 adds a new subdivision 3-b of section 2801 directing the Public health Council to consider staffing violations when reviewing applications and renewals of certificates of incorporation.

Section 5 adds a new subdivision 3 of section 2805 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.

Section 7 adds a new section 2895-b to the Public Health Law to establish an Advisory Council on Nursing Home Staffing; phases in minimum staff-hour to patient ratios; and requires public disclosure of staffing ratios and a summary of the provisions of this bill relating to nursing homes.

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 quality health care services, resulting in dangerous and costly medical errors, patient infections, and a higher turnover of nursing staff.

Six years ago, California became the first state to mandate nurse staffing ratios in hospitals. New statistical analysis reveals that the California mandates are significantly associated with fewer negative outcomes for patients and staff. The study, published in Health Services Research and conducted by the Center for Health Outcomes and Policy Research, University of Pennsylvania, concluded that "Improved nurse staffing, however it is achieved, is associated with better outcomes for nurses and patients."

Establishing staffing standards for nursing and unlicensed direct care staff in acute care facilities and nursing homes will help ensure that these facilities operate in a manner that guarantees the public safety and the delivery of quality health care services.

Legislative history

New bill, drawn from A.2264-a and A.17l8-a of 2009/10.

Fiscal implications

Some staff time in the Department of Health; possible increased Medicaid spending to cover the cost of increased staffing; reduced Medicaid spending as reduced bad outcomes and reduced staff turnover reduce health care costs.

Effective date

Takes effect 180 days after it becomes law.