A02264 Summary:

BILL NO    A02264 

SAME AS    Same as S 3843

SPONSOR    Gottfried (MS)

COSPNSR    Millman, Jacobs, Benedetto, Reilly, Gabryszak, John, Lancman,
           Pheffer, Espaillat, Clark, Markey, Schroeder, Hoyt, Fields, Gunther,
           Rosenthal, Destito, Jaffee, Magnarelli, Peoples-Stokes, Perry,
           Stirpe, Paulin, Brodsky, Spano, Englebright, Schimel, Camara,
           Dinowitz, Ortiz, Ramos, Lavine, Titone, Brook-Krasny, Alessi,
           Benjamin

MLTSPNSR   Alfano, Barra, Bing, Boyland, Cahill, Christensen, Colton, Crespo,
           Cusick, Glick, Heastie, Hooper, Kellner, Latimer, Lifton, Lupardo,
           Maisel, Mayersohn, McDonough, McEneny, Meng, Miller J, Pretlow,
           Quinn, Rabbitt, Rivera J, Saladino, Sweeney, Thiele, Towns,
           Weinstein, Weisenberg

Amd Pub Health L, generally; amd S97-aaaa, St Fin L

Enacts the "safe staffing for quality care act" to require acute care
facilities to implement certain direct-care nurse to patient ratios in all
nursing units; sets minimum staffing requirements; requires every such facility
to submit a documented staffing plan to the department on an annual basis and
upon application for an operating certificate; requires acute care facilities
to maintain staffing records during all shifts; authorizes nurses to refuse
work assignments if the assignment exceeds the nurse's abilities or if minimum
staffing is not present; requires public access to documented staffing plans;
imposes civil penalties for violations of such provisions; establishes private
right of action for nurses discriminated against for refusing any illegal work
assignment.

A02264 Actions:

BILL NO    A02264 

01/15/2009 referred to health
05/12/2009 reported referred to codes
06/02/2009 reported referred to ways and means
01/06/2010 referred to health

A02264 Votes:

A02264 Memo:

 BILL NUMBER:  A2264

 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 OR GENERAL IDEA OF BILL :  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 SPECIFIC PROVISIONS :  Section 1 is the short title.

S2 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.

S3 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:

S 2820. Establishes the policy and purpose of this legislation.

S 2821. Defines terms used in these new sections.

S 2822. Authorizes the commissioner of health to promulgate
regulations pursuant to these sections.

S 2823. Establishes the elements of a satisfactory staffing plan,
setting forth minimum staff to patient ratios.

S 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.

S 2825. Sets forth the conditions under which a staff nurse may refuse
an assignment.

S 2826. Sets standards for public disclosure of staffing standards as
mandated by the department, and of actual staffing experience.

S 2827. Prohibits delegation of the department's powers or duties to
enforce safe staffing requirements.

S 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.

 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.

 PRIOR LEGISLATIVE HISTORY :

2003: A7200 - reported to codes committee
2004: A7200A - referred to health committee
2005: A4094 - reported to codes committee
2006: A4094A - referred to health committee 2007-08: A6119 - reported
to Ways and Means Committee

 FISCAL IMPLICATIONS :  None to the state

 EFFECTIVE DATE :  Takes effect 180 days after it becomes law.