Bill Text: NY S00565 | 2009-2010 | General Assembly | Introduced

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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) 2010-01-06 - REFERRED TO HEALTH [S00565 Detail]

Download: New_York-2009-S00565-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          565
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                    January 9, 2009
                                      ___________
       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
   23  DEPARTMENT,  AND MAKE AVAILABLE TO THE PUBLIC, A STATEMENT OF COMPLIANCE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04595-01-9
       S. 565                              2
    1  WITH SUCH RULES AND REGULATIONS. THE STATEMENT SHALL  BE  FILED  IN  THE
    2  FORM AND MANNER AS DETERMINED BY THE DEPARTMENT.
    3    4. BEGINNING NO LATER THAN SIX MONTHS FOLLOWING DISTRIBUTION TO HOSPI-
    4  TALS  OF  THE  RULES AND REGULATIONS PROMULGATED PURSUANT TO SUBDIVISION
    5  TWO OF THIS SECTION, EACH HOSPITAL SHALL  DAILY  POST,  IN  A  PROMINENT
    6  PLACE,  A  REPORT  OF  THE STAFFING LEVELS IN EACH PATIENT CARE UNIT FOR
    7  THAT DAY.
    8    5. THE FAILURE OF A HOSPITAL TO COMPLY WITH THE REQUIREMENTS  OF  THIS
    9  SECTION,  OR  ANY RULE OR REGULATION PROMULGATED PURSUANT THERETO, SHALL
   10  BE DEEMED A VIOLATION AND SHALL SUBJECT SUCH HOSPITAL TO  THE  PENALTIES
   11  AND  INJUNCTIONS  SET  FORTH  IN  SECTION TWELVE OF THIS CHAPTER.   EACH
   12  INSTANCE IN WHICH THE STAFFING LEVELS OF ANY SHIFT  OF  ANY  UNIT  OF  A
   13  HOSPITAL  FAIL  TO  MEET  THE  REQUIREMENTS ESTABLISHED PURSUANT TO THIS
   14  SECTION SHALL CONSTITUTE A SEPARATE VIOLATION OF THIS SECTION.
   15    S 2. This act shall take effect immediately.