NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5079
SPONSOR: Gunther TITLE OF BILL:
An act to amend the public health law, in relation to providing for
minimum registered nurse staffing for intensive care and critical care
patients
PURPOSE:
To establish minimum registered nurse staffing guidelines for intensive
care and critical care units based on nurse to patient ratio.
SUMMARY OF PROVISIONS:
Section one of the bill amends the public health law by adding a new
section 2805-aa requiring all hospitals to staff intensive care and
critical care units with a minimum ratio of one registered nurse for
every two patients at all times and increased appropriately based on
patient need. Hospitals shall maintain this minimum nurse staffing
requirement during meal breaks and unexpected absences. This staffing
requirement not only applies to designated intensive care and critical
care units, but also to any other hospital unit or department where
patients requiring intensive or critical care services are housed or
receiving treatment.
Section two of the bill amends subparagraph 11 of paragraph b of subdi-
vision 5 of section 2805-t of the public health law adding the minimum
staffing ratios for nurses to patients in intensive and critical care to
chapter 155 which designates the commissioner to promulgate hospital
staffing ratios.
Section three of this bill provides for an immediate effective date.
JUSTIFICATION:
Chapter 155 of the Laws of 2021 enacted protections for nurses in hospi-
tals. It required the DOH to adopt regulations that specifically
required hospitals to adhere to staffing plans with a minimum of twelve
hours of registered nurse care per patient per day. However, the DOH has
proposed regulations that do not meet the Legislature's intent of the
chapter.
Having safe and appropriate levels of nurses has been shown to reduce
avoidable and adverse patient outcomes. Research has demonstrated that
hospitals with lower nurse staffing levels have higher rates of pneumo-
nia, shock, cardiac arrest, urinary tract infections and upper gastroin-
testinal bleeds; all leading to higher costs and mortality from hospi-
tal-acquired complications. The improved outcomes reduce medical
malpractice and other penalties resulting from avoidable occurrences and
poor patient satisfaction. In addition, assuring sufficient staffing of
hospital personnel protects patients and supports greater retention of
nurses and promotes safer working conditions.
Establishing these minimum nurse staffing requirements in intensive and
critical care units will help ensure that patients most at risk of
complications and adverse health outcomes will have the support they
need when they need it.
LEGISLATIVE HISTORY:
2022: A10348 referred to Health
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
Immediately
STATE OF NEW YORK
________________________________________________________________________
5079
2023-2024 Regular Sessions
IN ASSEMBLY
March 2, 2023
___________
Introduced by M. of A. GUNTHER -- read once and referred to the Commit-
tee on Health
AN ACT to amend the public health law, in relation to providing for
minimum registered nurse staffing for intensive care and critical care
patients
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 2805-aa to read as follows:
3 § 2805-aa. Minimum registered nurse staffing for intensive care and
4 critical care patients. All hospitals shall provide a minimum of one
5 registered professional nurse for every two patients in intensive care
6 or critical care settings at all times, increased as appropriate for the
7 acuity level of the patient. The hospital shall provide registered
8 professional nurse staffing to maintain the minimum staffing ratio
9 during meal breaks or absences from the patient care unit. The minimum
10 staffing requirement shall apply to all designated intensive care and
11 critical care units and to other units or departments of the hospital
12 where patients requiring intensive or critical care services are housed
13 or receiving treatment.
14 § 2. Subparagraph (ii) of paragraph (b) of subdivision 5 of section
15 2805-t of the public health law, as added by chapter 155 of the laws of
16 2021, is amended to read as follows:
17 (ii) [Staffing regulations to be promulgated by the commissioner
18 relating to staffing in intensive care and critical care units no later
19 than January first, two thousand twenty-two. Such regulations shall
20 consider the factors set forth in paragraph (b) of subdivision four of
21 this section, standards in place in neighboring states, and a minimum
22 standard of twelve hours of registered nurse care per patient per day]
23 Minimum nurse to patient staffing ratios for intensive and critical care
24 patients as required by section twenty-eight hundred five-aa of this
25 article;
26 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09870-01-3
