Bill Text: NY A06649 | 2011-2012 | General Assembly | Introduced

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Bill Title: Establishes minimum staffing ratios in facilities operated under the jurisdiction of the office of mental health; provides that the office of mental health shall report quarterly to the governor and the legislature setting forth present staff ratios and comparisons to past staff ratios.

Spectrum: Partisan Bill (Democrat 15-0)

Status: (Introduced - Dead) 2012-01-04 - referred to mental health [A06649 Detail]

Download: New_York-2011-A06649-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6649
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 24, 2011
                                      ___________
       Introduced by M. of A. BRENNAN, JAFFEE, BOYLAND, SCHROEDER, BENEDETTO --
         Multi-Sponsored  by -- M. of A. COLTON, GIBSON, HOOPER, JACOBS, LUPAR-
         DO, MENG, PERRY, PHEFFER, P. RIVERA, WRIGHT -- read once and  referred
         to the Committee on Mental Health
       AN  ACT  to  amend  the  mental hygiene law, in relation to establishing
         minimum staffing ratios in facilities operated under the  jurisdiction
         of the office of mental health
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The mental hygiene law is amended by adding a  new  section
    2  7.45 to read as follows:
    3  S 7.45 MINIMUM STAFFING RATIOS.
    4    (A) AS USED IN THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
    5  ING MEANINGS:
    6    1.  "SHORT  STAY  PATIENT"  SHALL  MEAN A DIRECT ADMISSION OR INDIRECT
    7  ADMISSION PATIENT WITHIN  A  FACILITY  UNDER  THE  JURISDICTION  OF  THE
    8  OFFICE.
    9    2.  "SPECIALIZED CARE PATIENT" SHALL MEAN A PATIENT, WITHIN A FACILITY
   10  OPERATED UNDER THE JURISDICTION OF THE  OFFICE,  RECEIVING  ANY  ONE  OR
   11  COMBINATION  OF  SECURE  CARE  SERVICES,  INFIRMARY  SERVICES,  DEAFNESS
   12  SERVICES OR INTENSIVE REHABILITATIVE SERVICES. FOR THE PURPOSES OF CLAS-
   13  SIFICATION, MULTIPLY DISABLED PATIENTS OR PATIENTS REFERRED TO A FACILI-
   14  TY BY THE DEPARTMENT OF CORRECTIONS, THE OFFICE OF CHILDREN  AND  FAMILY
   15  SERVICES  OR BY COURT ORDER SHALL ALSO BE DESIGNATED AS SPECIALIZED CARE
   16  PATIENTS.
   17    3. "EXTENDED CARE PATIENT" SHALL MEAN A  PATIENT,  WITHIN  A  FACILITY
   18  OPERATED  UNDER THE JURISDICTION OF THE OFFICE, RECEIVING GERIATRIC CARE
   19  OR REHABILITATIVE CARE.
   20    4. "SHORT STAY UNIT" SHALL BE A UNIT, OPERATED WITHIN A FACILITY UNDER
   21  THE JURISDICTION OF THE OFFICE, THAT INCLUDES AT LEAST  ONE  SHORT  STAY
   22  PATIENT AS DEFINED IN PARAGRAPH ONE OF THIS SUBDIVISION.
   23    5. "SPECIALIZED CARE UNIT" SHALL BE A UNIT, OPERATED WITHIN A FACILITY
   24  UNDER  THE  JURISDICTION  OF  THE  OFFICE,  THAT  INCLUDES  AT LEAST ONE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10220-01-1
       A. 6649                             2
    1  SPECIALIZED CARE PATIENT, AS DEFINED IN PARAGRAPH TWO OF  THIS  SUBDIVI-
    2  SION.
    3    6.  "EXTENDED  CARE  UNIT"  SHALL BE A UNIT OPERATED WITHIN A FACILITY
    4  UNDER THE JURISDICTION OF THE OFFICE THAT INCLUDES AT LEAST ONE EXTENDED
    5  CARE PATIENT AS DEFINED IN PARAGRAPH THREE OF THIS SUBDIVISION.
    6    7. "DIRECT CARE WORKFORCE" SHALL INCLUDE THE DISCIPLINES  OF  LICENSED
    7  PRACTICAL  NURSE,  SUPERVISING  LICENSED  PRACTICAL NURSE, MENTAL HEALTH
    8  THERAPY AIDE, MENTAL HYGIENE THERAPY ASSISTANT I, MENTAL HYGIENE THERAPY
    9  ASSISTANT II, MENTAL HYGIENE WARD AIDE, SECURE CARE  TREATMENT  AIDE  I,
   10  SECURE  CARE  TREATMENT  AIDE  II, REGISTERED NURSE, PHYSICIAN, PSYCHIA-
   11  TRIST, PSYCHOLOGIST, SOCIAL WORKER, RECREATION THERAPIST, AND  REHABILI-
   12  TATION COUNSELOR.
   13    8.  "STAFFING RATIO" SHALL MEAN THE RATIO OF DIRECT  CARE EMPLOYEES TO
   14  THE ACTUAL NUMBER OF PATIENTS WITHIN A SHORT STAY UNIT, SPECIALIZED CARE
   15  UNIT OR EXTENDED CARE UNIT. FOR THE  PURPOSES  OF  DETERMINING  STAFFING
   16  RATIOS  PURSUANT  TO  THIS SECTION, "DIRECT CARE EMPLOYEE" SHALL INCLUDE
   17  TWO CATEGORIES. CATEGORY ONE SHALL INCLUDE THE TITLES OF LICENSED  PRAC-
   18  TICAL NURSE, SUPERVISING LICENSED PRACTICAL NURSE, MENTAL HEALTH  THERA-
   19  PY  AIDE,  MENTAL  HYGIENE  THERAPY  ASSISTANT I, MENTAL HYGIENE THERAPY
   20  ASSISTANT II, MENTAL HYGIENE WARD AIDE, SECURE CARE  TREATMENT  AIDE  I,
   21  SECURE  CARE  TREATMENT  AIDE  II. CATEGORY TWO SHALL INCLUDE THE DISCI-
   22  PLINES OF PHYSICIAN, PSYCHIATRIST, PSYCHOLOGIST, SOCIAL  WORKER,  REGIS-
   23  TERED NURSE, RECREATION THERAPIST, AND REHABILITATION COUNSELOR.
   24    (B)  FOR  THE  PURPOSES OF ESTABLISHING STAFFING RATIOS, EVERY PATIENT
   25  WITHIN A FACILITY OPERATED UNDER THE JURISDICTION OF THE OFFICE SHALL BE
   26  CLASSIFIED AS A SHORT STAY, SPECIALIZED CARE OR EXTENDED  CARE  PATIENT,
   27  AND  ASSIGNED  TO A CORRESPONDING SHORT STAY UNIT, SPECIALIZED CARE UNIT
   28  OR EXTENDED CARE UNIT. FOR THE PURPOSES OF CLASSIFICATION,  THE  CHARAC-
   29  TERISTICS  OF  THE  PATIENTS  NEEDING  THE  MOST INTENSIVE CARE SHALL BE
   30  UTILIZED IN DETERMINING THE CLASSIFICATION OF THE ENTIRE UNIT.   NOTHING
   31  HEREIN  SHALL  BE  CONSTRUED  TO  DIMINISH  OR CHANGE THE ABILITY OF THE
   32  OFFICE TO DETERMINE APPROPRIATE TREATMENT, DIAGNOSIS,  ADMISSION  PROCE-
   33  DURES OR PLACEMENT  WITHIN A FACILITY FOR ANY PATIENTS.
   34    (C)  1.  ANY  UNIT  WHICH  IS  CLASSIFIED  AS  A SHORT STAY UNIT OR AN
   35  EXTENDED CARE UNIT SHALL MAINTAIN A STAFF TO PATIENT RATIO  OF  NO  LESS
   36  THAN  1.2  TO  1  FOR  CATEGORY ONE EMPLOYEES AND A RATIO OF .4 TO 1 FOR
   37  CATEGORY TWO EMPLOYEES AND SHALL BE LIMITED TO TWENTY-FIVE PATIENTS.
   38    2. ANY UNIT WHICH IS CLASSIFIED AS A SPECIALIZED CARE UNIT SHALL MAIN-
   39  TAIN A STAFF TO PATIENT RATIO OF NO LESS THAN 1.6 TO 1 FOR CATEGORY  ONE
   40  EMPLOYEES AND A RATIO OF .6 TO 1 FOR CATEGORY TWO EMPLOYEES AND SHALL BE
   41  LIMITED TO TWENTY PATIENTS.
   42    3.  NOTHING HEREIN SHALL BE CONSTRUED TO PREVENT THE OFFICE FROM RAIS-
   43  ING THE STAFFING LEVELS DUE TO THE ACUITY LEVEL OF EACH WARD.
   44    (D) THE OFFICE SHALL, AT LEAST ONCE EVERY QUARTER, PUBLISH THE  STAFF-
   45  ING  RATIOS  OF  EACH  FACILITY UNDER ITS JURISDICTION. SUCH PUBLICATION
   46  SHALL INCLUDE THE NUMBER OF PATIENTS  WITHIN  EACH  UNIT,  THE  SPECIFIC
   47  CLASSIFICATION  OF  EACH PATIENT, AND THE SPECIFIC TITLES OF DIRECT CARE
   48  STAFF ASSIGNED TO SUCH UNIT.  SUCH  PUBLICATION  SHALL  ALSO  INCLUDE  A
   49  COMPARISON  OF  THE  CURRENT  STAFFING  RATIOS TO THE PREVIOUS QUARTER'S
   50  STAFFING RATIOS. THE FIRST SUCH PUBLICATION SHALL BE  SUBMITTED  TO  THE
   51  GOVERNOR  AND  THE CHAIRPERSONS OF THE SENATE AND ASSEMBLY MENTAL HEALTH
   52  COMMITTEES ON OR BEFORE JANUARY FIRST, TWO THOUSAND ELEVEN.  SUCH PUBLI-
   53  CATIONS SHALL BE SUBMITTED QUARTERLY THEREAFTER.
   54    S 2. This act shall take effect on the one hundred twentieth day after
   55  it shall have become a law.