You asked for information on proposed legislation in New York on nurse staffing in hospitals.

SUMMARY

A New York State Assembly bill (2007 A. B. 5196) requires hospitals to disclose nursing quality indicators, requires facilities to make available to the public information on nurse staffing and patient outcomes, and directs the state health commissioner to promulgate regulations on the information to be disclosed. The bill passed the State Assembly in 2007 but has not yet passed the Senate.

NEW YORK LEGISLATIVE PROPOSAL ON NURSE STAFFING IN HOSPITALS

The “Nursing Care Quality Protection Act” (A. B. 5196) would require hospitals to make available to the public information on nurse staffing and patient outcomes as specified in rules and regulations by the state health commissioner. At a minimum, this information must include the following:

1. The number of registered nurses (RNs) providing direct care and the ratio of patients per RN (full-time equivalent) providing direct care. This information must be expressed in actual numbers, in terms of total hours of nursing care per patient (including adjustment for case mix and acuity), and as a percentage of patient care staff. It also must be broken down by total patient care staff, unit, and shift.

2. The same information for licensed practical nurses (LPNs) as required for RNs, except for the ratio of patients per LPN.

3. The number of unlicensed personnel utilized to provide direct patient care (including adjustment for case mix and acuity). The information must be expressed both in actual numbers and as a percentage of patient care staff and broken down in terms of total patient care staff, unit, and shift.

4. The incidence of adverse patient care, including medication errors, patient injury, decubitus ulcers, nosocomial infections, and nosocomial urinary tract infections.

5. Methods used for determining and adjusting staffing levels and patient care needs and the facility's compliance with these methods.

6. Data concerning complaints filed with any state or federal regulatory agency, or an accrediting agency, and data regarding investigations and findings as a result of the complaints, the degree of compliance with acceptable standards, and findings of scheduled inspections.

This information must be provided to the commissioner of any state agency responsible for licensing or accrediting the facility, or responsible for oversight of the services delivered either directly or indirectly. It must also be provided to any member of the public requesting the information directly from the facility.

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