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A00108 Summary:

COSPNSRGottfried, Peoples-Stokes, Barrett, Rosenthal L, Bronson, Colton, Benedetto, Cruz, Magnarelli, Weprin, Rivera J, Fall, Aubry, Otis, Steck, Santabarbara, Zebrowski, Abinanti, Barron, Seawright, Walker, Bichotte Hermelyn, Richardson, Hyndman, Pichardo, Joyner, Jean-Pierre, Rozic, Kim, Hevesi, O'Donnell, Dilan, Davila, Hunter, Williams, Carroll, Woerner, Pheffer Amato, Jones, Vanel, Niou, Taylor, Dinowitz, Dickens, Wallace, Reyes, Stern, Sayegh, Jacobson, McMahon, Abbate, Cahill, Fernandez, Frontus, Epstein, Buttenschon, Ramos, Darling, Braunstein, De La Rosa, Griffin, Quart, McDonald, Englebright, Gallagher, Burke, Kelles, Cymbrowitz, Clark, Meeks, Brabenec, Smith, Montesano, Salka, Schmitt, Morinello, Miller B, Ashby, Miller M, DeStefano, Forrest, Gonzalez-Rojas, Burdick, Mamdani, Mitaynes, Conrad, Cusick, Anderson, Zinerman, Lawler, Lunsford, Perry, Stirpe, Weinstein, Lavine, Barnwell
MLTSPNSRCook, Fahy, Galef, Glick, Lupardo, McDonough, Mikulin, Paulin, Pretlow, Ra, Rosenthal D, Simon, Solages, Thiele
Amd 2805-t, Pub Health L
Requires certain facilities establish clinical staffing committees.
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A00108 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
SPONSOR: Gunther
  TITLE OF BILL: An act to amend the public health law, in relation to establishing clin- ical staffing committees   PURPOSE: To establish clinical staffing committees in each general hospital to develop and oversee a clinical staffing plan.   SUMMARY OF PROVISIONS: Section one of the bill requires every general hospital to create a clinical staffing committee made up of registered nurses, licensed prac- tical nurses, ancillary staff members providing direct patient care, and hospital administrators by January 1, 2022. The committee will be responsible for developing and overseeing the implementation of a clin- ical staffing plan that will include specific guidelines or ratios, matrices, or grids indicating how many patients are assigned to each nurse and the number of ancillary staff in each unit. The Committees must take into account several factors when developing the plans, which are required to be completed and submitted to DOH by July 1 each year. The Department of health would be required to make regulations related to intensive and critical care unit staffing that would require at least 12 hours of registered nurse care per day. The Committees will also be responsible for reviewing the staffing plans, making adjustments to the plans, and responding to complaints for variations from the plans. The staffing plans must be posted in a publicly conspicuous area and posted on the DOH hospital profile website. DOH is tasked with investi- gating potential violations of the staffing plan requirements or any unresolved complaints that were submitted to a hospital's clinical staffing committee. The hospital may be subject to civil penalties for failing to remedy the violation if such violation was caused by their failure to act. However, DOH shall take into account unforeseeable emer- gency circumstances when determining whether a hospital is in violation. DOH must also submit an annual report to the Speaker of the Assembly, the Temporary President of the Senate, and the Chairs of the Health committees of the Assembly and Senate and Governor by December 31 of each year regarding the complaints received by DOH and how they were handled. An independent advisory commission will be created consisting of 9 members representing experts in staffing standards and quality of patient care, labor organizations representing nurses, and hospital representatives. The Governor, Assembly Speaker, and Temporary President of the Senate will appoint one member for each of the three categories. The Advisory Commission will evaluate the staffing levels and other quality metrics related to nurse staffing in hospitals. The Advisory Commission will send a report to the Speaker of the- Assembly, the Temporary President of the Senate, and the Chairs of the Health commit- tees of the Assembly and Senate and make a report available to the public on any further legislative action that may be necessary to improve working conditions and quality of care in hospitals by October 31, 2024 and every three years thereafter.   JUSTIFICATION: Having safe and appropriate levels of nurse and ancillary member staff- ing has been shown to reduce avoidable and adverse patient outcomes. Research has demonstrated that hospitals with lower nurse staffing levels have higher rates of pneumonia, shock, cardiac arrest, urinary tract infections and upper gastrointestinal bleeds; all leading to high- er costs and mortality from hospital-acquired complications. The improved outcomes reduce medical malpractice and other penalties result- ing from avoidable occurrences and poor patient satisfaction. In addi- tion, assuring sufficient staffing of hospital personnel protects patients and supports greater retention of nurses and promotes safer working conditions. Allowing each hospital to collaboratively develop these clinical staff- ing plans with the nurses and other staff will allow for the best staff- ing outcomes at these hospitals. With a hospital-by-hospital approach, they will be able to balance what is best for the patient and workforce while taking into account the varying needs of each individual hospital. Establishing these clinical staffing committees and staffing plans for nursing and unlicensed direct care staff in hospitals 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: 2019-20: A2954 reported to Ways & Means/S1032 referred to Health 2017-18: A1532 referred to Codes/S3330 referred to Health 2015-16: A8580A passed Assembly/S782 referred to Health 2013-14: A6571 reported to Ways & Means/S3691A referred to Health 2011-12: A921 reported to Ways & Means/54553 reported to Finance 2009-10: A11015 held in Ways & Means/57974 referred to Health   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: Immediately
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