Bill Text: NY S01502 | 2013-2014 | General Assembly | Introduced
Bill Title: Requires the department of health to promulgate rules necessary to establish staffing standards for certain health care facilities; directs such facilities to file reports and post daily staffing levels to demonstrate compliance with such rules; provides that failure of a hospital to comply with the requirements of this section shall be deemed a violation and subjects such hospital to possible penalties and injunctions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-01-08 - REFERRED TO HEALTH [S01502 Detail]
Download: New_York-2013-S01502-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 1502 2013-2014 Regular Sessions I N S E N A T E (PREFILED) January 9, 2013 ___________ Introduced by Sen. MARCELLINO -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law, in relation to directing the department of health to promulgate rules establishing staffing stand- ards for certain health care facilities, and providing methods for demonstrating compliance with such rules THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The public health law is amended by adding a new section 2 2806-a to read as follows: 3 S 2806-A. STAFFING STANDARDS. 1. AS USED IN THIS SECTION, THE TERM 4 "HOSPITAL" SHALL HAVE THE SAME MEANING AS DEFINED IN SUBDIVISION ONE OF 5 SECTION TWENTY-EIGHT HUNDRED ONE OF THIS ARTICLE. 6 2. THE DEPARTMENT SHALL PROMULGATE NECESSARY RULES AND REGULATIONS TO 7 ESTABLISH STAFFING STANDARDS FOR HOSPITALS. SUCH RULES AND REGULATIONS 8 SHALL BE DESIGNED TO ENSURE THAT THE CLASSIFICATIONS, SKILLS, EXPERIENCE 9 AND NUMBERS OF HEALTH CARE PROFESSIONALS PROVIDING DIRECT PATIENT CARE 10 ARE SUFFICIENT TO MEET THE NEEDS OF HOSPITAL PATIENTS. SUCH RULES AND 11 REGULATIONS SHALL REQUIRE THAT EACH HOSPITAL: 12 (A) UTILIZES A STAFFING SYSTEM WHICH PROVIDES A SUFFICIENT NUMBER OF 13 QUALIFIED STAFF TO MEET THE NEEDS OF HOSPITAL PATIENTS AS DETERMINED BY 14 A REGISTERED NURSE OR PHYSICIAN DIRECTLY INVOLVED IN PATIENT CARE. 15 (B) MAINTAINS AN INTERNAL REVIEW MECHANISM THAT ENSURES COMPLIANCE 16 WITH THE STAFFING SYSTEM; PROVIDES FOR THE REVIEW OF INCIDENTS AND STAFF 17 CONCERNS; AND TRACKS STAFFING PATTERNS, NUMBER OF PATIENTS AND THEIR 18 DETERMINED NEEDS. 19 3. BEGINNING NO LATER THAN TWELVE MONTHS FOLLOWING DISTRIBUTION TO 20 HOSPITALS OF THE RULES AND REGULATIONS PROMULGATED PURSUANT TO SUBDIVI- 21 SION TWO OF THIS SECTION, AS A CONDITION OF CONTINUING OR OBTAINING ITS 22 OPERATING CERTIFICATE, EACH HOSPITAL SHALL ANNUALLY FILE WITH THE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03255-01-3 S. 1502 2 1 DEPARTMENT, AND MAKE AVAILABLE TO THE PUBLIC, A STATEMENT OF COMPLIANCE 2 WITH SUCH RULES AND REGULATIONS. THE STATEMENT SHALL BE FILED IN THE 3 FORM AND MANNER AS DETERMINED BY THE DEPARTMENT. 4 4. BEGINNING NO LATER THAN SIX MONTHS FOLLOWING DISTRIBUTION TO HOSPI- 5 TALS OF THE RULES AND REGULATIONS PROMULGATED PURSUANT TO SUBDIVISION 6 TWO OF THIS SECTION, EACH HOSPITAL SHALL DAILY POST, IN A PROMINENT 7 PLACE, A REPORT OF THE STAFFING LEVELS IN EACH PATIENT CARE UNIT FOR 8 THAT DAY. 9 5. THE FAILURE OF A HOSPITAL TO COMPLY WITH THE REQUIREMENTS OF THIS 10 SECTION, OR ANY RULE OR REGULATION PROMULGATED PURSUANT THERETO, SHALL 11 BE DEEMED A VIOLATION AND SHALL SUBJECT SUCH HOSPITAL TO THE PENALTIES 12 AND INJUNCTIONS SET FORTH IN SECTION TWELVE OF THIS CHAPTER. EACH 13 INSTANCE IN WHICH THE STAFFING LEVELS OF ANY SHIFT OF ANY UNIT OF A 14 HOSPITAL FAIL TO MEET THE REQUIREMENTS ESTABLISHED PURSUANT TO THIS 15 SECTION SHALL CONSTITUTE A SEPARATE VIOLATION OF THIS SECTION. 16 S 2. This act shall take effect immediately.