Requires health care facilities to establish and implement safe patient handling programs

Summary of provisions

Section one of this bill refers to this legislation as the "Safe Patient Handling Act".

Section two describes the legislative intent. Defines health care facil- ities, nurse, direct care worker, employee representative, lift team, safe patient handling, musculoskeletal disorders. By February 1, 2015, each health care facility must establish a safe patient handling commit- tee by either creating a new one or assigning the functions to an exist- ing one - at least half of the committee members shall be frontline managerial employees who provide direct care to patients. By December 1, 2015, each health care facility must establish a safe patient handling program, and as part of that program, the health care facility must establish a safe patient handling policy for all shifts and units of the hospital, which may be phased in with acquisition of equipment. The program shall also include, 1) a patient handling hazard assessment, 2) a process to identify the appropriate use of the safe patient handling policy based on the patient's physical and medical condition and the availability of lifting equipment or lift teams. The policy shall also include a means to address circumstances when it's contraindicated to use lifting, transfer, or assistive devices for a patient, 3) annual performance evaluation of the program, and 4) feasibility analysis for constructing or remodeling a health care facility or unit. By January 30, 2018, each health care facility must complete the acquisition of equipment of their choice, with a minimum of 1) one readily available lift per acute care unit on the same floor, if the safe patient handling committee determines it's necessary; 2) one lift for every 10 acute care available inpatient beds; or 3) equipment for use by a lift team. A health care facility must train its staff on policies, equipment and devices on an annual basis. A health care facility must also develop procedures for employees to refuse to perform or be involved in patient handling or movement and such employee shall not be subject to discipli- nary action by the health care facility for refusal to perform or be involved in patient handling or movement.

Section three of this bill requires that discussions among the safe patient handling committee participants shall remain confidential, and shall not be released except to the New York State Department of Health pursuant to Section 2805-m of the Public Health Law and Section 6527 of the Education Law.

Section four requires the Department of Financial Services to develop rules to provide reduced worker's compensation rates for health care facilities that implement a safe patient handling program, by January 1, 2015. The Department shall complete an evaluation of the results of the reduced rate, including changes in claim frequency and costs and report to the appropriate committees of the Legislature by December 1, 2018 and again by December 1, 2020.

Section 5 of this bill allows a hospital and nursing home to receive a tax credit for the cost of purchasing mechanical lifting devices and other equipment used to minimize patient handling from January 1, 2015 through December 30, 2018.

Section 6 of this act requires it to take effect immediately.

Justification

Nurses and other direct patient care workers in health care facilities often use their bodies to move and lift patients, and have among the highest rates of on-the-job injuries. According to the US Occupational Safety and Health Administration (OSHA), in 2011 hospitals recorded 253,700 work-related injuries and illnesses, a rate of 6.8 work-related injuries and illnesses for every 100 full-time employees. This is almost twice the rate for private industry as a whole. Exacerba- tion of these injuries can largely be attributed to the aging of baby boomers and a marked increase in obese patients. According to a 2011 American Nurses Association (ANA) survey, 62% of registered nurses indi- cated that suffering a disabling musculoskeletal disorder (MSD) was one of their top three safety concerns and the majority of MSDs can be attributed to overexertion related to repeated transfer, repositioning, and ambulation of patients. Because of this, the ANA endorses the proper implementation of safe patient handling programs in health care facili- ties, specifically tailored by hospital personnel and front line direct care workers to the unique characteristics of individual hospital units and patient populations. The ANA believes properly tailored programs can significantly reduce health care worker injuries.

In 2006, Washington State was one of the first states to enact legis- lation strongly supported by unions and hospital associations alike, requiring all hospitals to implement a safe patient handling program, specifically tailored to the needs of each individual hospital and its unique structure and patient population. Recognizing the fragile finan- cial condition of many hospitals in the state, the Washington law strikes a balance between mandating safe patient handling programs while allowing hospitals and front line workers in each facility to tailor those policies to their unique circumstances and patient needs. Studies since then have indicated that injuries to patients and workers alike have been significantly reduced. This bill is modeled after the success- ful program in Washington State.

Legislative history

New Bill.

Fiscal implications

Unknown.

Effective date

Immediately.