Bill > A3683

Introduced Session

This bill establishes the "Patient Protection and Safe Staffing Act," which provides certain staffing standards in State hospitals, ambulatory surgical facilities, developmental centers, and psychiatric hospitals. Specifically, the bill provides that, in addition to existing staffing requirements provided by law or regulation, the Commissioner of Health is to adopt regulations that provide minimum direct care registered professional nurse-to-patient staffing ratios and unlicensed assistive personnel-to-patient staffing ratios for all patient units in general and special hospitals and ambulatory surgical facilities, in accordance with the minimum staffing requirements that are established by the bill. The regulations adopted by the Commissioner of Health are not to decrease any staffing ratios that are already in effect on the bill's effective date. The bill provides that the Commissioner of Health is to require all general and special hospitals and ambulatory surgical facilities to employ an acuity and staffing system for the purpose of increasing staffing levels above the minimum levels established in the bill, or otherwise provided by law or regulation, in order to ensure adequate staffing of each unit, service, or department. The bill requires the Department of Health to enforce the bill's requirements by conducting periodic inspections and responding to complaints. A registered professional nurse or other staff member, a collective bargaining agent of a staff member, or a member of the public, who believes that the hospital or facility in which the nurse or staff member is employed is in violation of the requirements established by the bill, may file a complaint with the Commissioner of Health. In responding to a complaint, the commissioner will be required to conduct an investigation to determine whether or not a hospital or facility is in violation. Following the completion of an investigation, in which investigation the department determines a hospital or facility to be in violation of the requirements established by the bill, the hospital or facility may be issued a civil penalty in increasing amounts for repeat violations. Any money collected by the court in payment of a civil penalty imposed will be conveyed to the State Treasurer for deposit into the Patient Protection and Staffing Fund (fund) established by the bill. Moneys in the fund will be dedicated and used only for the purposes of increasing the number of inspectors employed by the Department of Health to enforce the provisions of the bill, advancing nursing recruitment and retentions programs, supporting student loan forgiveness for nursing students, and increasing pay for nursing teaching staff. Finally, in addition to the above-described requirements applicable to the Commissioner of Health, the bill requires the Commissioner of Human Services to conduct a review of Department of Human Services regulations concerning registered professional nurse staffing standards in developmental centers and State psychiatric hospitals, and to revise the regulations, as appropriate, to reflect safe staffing practices and assure adequate staffing at the facilities.

AI Summary

Committee Categories

Carol Murphy (D)*,  Annette Quijano (D)*,  William Sampson (D)*,  Rosaura Bagolie (D),  Clinton Calabrese (D),  Robert Clifton (R),  Alixon Collazos-Gill (D),  Joe Danielsen (D),  Margie Donlon (D),  Mitchelle Drulis (D),  Roy Freiman (D),  Shama Haider (D),  Garnet Hall (D),  Dan Hutchison (D),  Barbara McCann Stamato (D),  Cody Miller (D),  Ellen Park (D),  Luanne Peterpaul (D),  Jessica Ramirez (D),  Verlina Reynolds-Jackson (D),  Gabriel Rodriguez (D),  Balvir Singh (D),  Lisa Swain (D),  Chris Tully (D),  Anthony Verrelli (D), 

Introduced, Referred to Assembly Health Committee (on 02/12/2024)

Official Document