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NY A11015
Bill
Status
5/10/2010
Primary Sponsor
Donna Lupardo
Click for details
AI Summary
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Requires acute care facilities to submit annual documented staffing plans to the Department of Health specifying minimum direct-care nurse-to-patient ratios for each nursing unit, with specific ratios established for various unit types (e.g., 1:1 in operating rooms and intensive care units, 1:4 in medical/surgical units, 1:6 in well-baby nurseries).
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Mandates facilities maintain daily records of patient census, individual patient acuity levels, and identity and duty hours of direct-care nurses in each unit for seven years and make this information available to the Department and public (with patient privacy protections).
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Grants direct-care nurses the right to refuse work assignments if they lack necessary training or if the assignment violates safe staffing requirements, prohibiting retaliation and establishing a private right of action for employees against facilities that violate this protection, including damages and attorney fees.
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Establishes a 13-member committee (at least 60% registered nurses) to advise the Commissioner on staffing regulations, acuity systems, and staffing plan approvals, with members appointed by the Governor, legislative leaders, and nursing representatives.
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Imposes civil penalties up to $500 per deficiency per day for violations and up to $10,000 per day for non-compliance with nurse-to-patient ratios, with penalties collected into a fund to support healthcare facility improvements prioritizing staffing ratio enhancements.
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Requires nursing homes to maintain minimum staffing ratios beginning two years after enactment: 2.4-2.8 hours per resident daily by certified nurse aides, 1.15-1.3 hours by licensed practical or registered nurses, and 0.55-0.75 hours by registered nurses.
Legislative Description
Enacts the "safe staffing for quality care act" to require acute care facilities and nursing homes to implement certain direct-care nurse to patient ratios in all nursing units; sets minimum staffing requirements; requires every such facility to submit a documented staffing plan to the department on an annual basis and upon application for an operating certificate; requires acute care facilities to maintain staffing records during all shifts; authorizes nurses to refuse work assignments if the assignment exceeds the nurse's abilities or if minimum staffing is not present; requires public access to documented staffing plans; imposes civil penalties for violations of such provisions; establishes private right of action for nurses discriminated against for refusing any illegal work assignment.
Last Action
held for consideration in ways and means
7/1/2010