Senate Bill S936

2011-2012 Legislative Session

Requires health department to promulgate rules regarding staffing standards for certain health care facilities and monitor compliance therewith

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Archive: Last Bill Status - In Senate Committee Health Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-S936 (ACTIVE) - Details

Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add §2806-a, Pub Health L
Versions Introduced in Other Legislative Sessions:
2009-2010: S565
2013-2014: S1502
2015-2016: S450
2017-2018: S1180

2011-S936 (ACTIVE) - Summary

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.

2011-S936 (ACTIVE) - Sponsor Memo

2011-S936 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   936

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

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:

  Section 1. The public health law is amended by adding  a  new  section
2806-a to read as follows:
  S  2806-A.  STAFFING  STANDARDS.  1. AS USED IN THIS SECTION, THE TERM
"HOSPITAL" SHALL HAVE THE SAME MEANING AS DEFINED IN SUBDIVISION ONE  OF
SECTION TWENTY-EIGHT HUNDRED ONE OF THIS ARTICLE.
  2.  THE DEPARTMENT SHALL PROMULGATE NECESSARY RULES AND REGULATIONS TO
ESTABLISH STAFFING STANDARDS FOR HOSPITALS. SUCH RULES  AND  REGULATIONS
SHALL BE DESIGNED TO ENSURE THAT THE CLASSIFICATIONS, SKILLS, EXPERIENCE
AND  NUMBERS  OF HEALTH CARE PROFESSIONALS PROVIDING DIRECT PATIENT CARE
ARE SUFFICIENT TO MEET THE NEEDS OF HOSPITAL PATIENTS.  SUCH  RULES  AND
REGULATIONS SHALL REQUIRE THAT EACH HOSPITAL:
  (A)  UTILIZES  A STAFFING SYSTEM WHICH PROVIDES A SUFFICIENT NUMBER OF
QUALIFIED STAFF TO MEET THE NEEDS OF HOSPITAL PATIENTS AS DETERMINED  BY
A REGISTERED NURSE OR PHYSICIAN DIRECTLY INVOLVED IN PATIENT CARE.
  (B)  MAINTAINS  AN  INTERNAL  REVIEW MECHANISM THAT ENSURES COMPLIANCE
WITH THE STAFFING SYSTEM; PROVIDES FOR THE REVIEW OF INCIDENTS AND STAFF
CONCERNS; AND TRACKS STAFFING PATTERNS, NUMBER  OF  PATIENTS  AND  THEIR
DETERMINED NEEDS.
  3.  BEGINNING  NO  LATER  THAN TWELVE MONTHS FOLLOWING DISTRIBUTION TO
HOSPITALS OF THE RULES AND REGULATIONS PROMULGATED PURSUANT TO  SUBDIVI-
SION  TWO OF THIS SECTION, AS A CONDITION OF CONTINUING OR OBTAINING ITS
OPERATING CERTIFICATE,  EACH  HOSPITAL  SHALL  ANNUALLY  FILE  WITH  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

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