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NY A06571

Bill

Status

Introduced

4/10/2013

Primary Sponsor

Richard Gottfried

Click for details

Origin

Assembly

2013-2014 General Assembly

AI Summary

  • Establishes minimum nurse-to-patient ratios for acute care facilities ranging from 1:1 in operating rooms and trauma units to 1:6 in well-baby nurseries, with specific ratios for critical care, emergency, maternal/child, and medical/surgical units.

  • Requires acute care facilities to submit annual documented staffing plans to the Department of Health based on patient census, acuity levels, and projected care needs, with ratios not to be averaged across shifts or time periods.

  • Permits direct-care nurses to refuse work assignments that exceed their education, training, or experience, or that would violate safe staffing requirements, without being subject to retaliation or claims of patient abandonment.

  • Mandates facilities maintain daily records for seven years showing patient census, acuity levels, nurse identity and hours, and mortality/morbidity statistics, made available to the Department and public (except staff identity in correctional facilities).

  • Establishes private right of action for nurses allowing recovery of reinstatement, lost wages, compensatory and liquidated damages, plus attorney's fees for facility violations of work assignment policies related to safe staffing requirements.

  • Sets minimum staffing ratios for residential health care facilities beginning two years after enactment: 2.8 hours certified nurse aide care, 1.3 hours licensed practical nurse or registered nurse care, and 0.75 hours registered nurse care per resident per day.

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

reported referred to ways and means

6/19/2014

Committee Referrals

Ways and Means6/19/2014
Codes5/20/2014
Health1/8/2014
Ways and Means6/5/2013
Codes6/4/2013
Health4/10/2013

Full Bill Text

No bill text available