Assembly Bill A1752

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

                                 1752--A
                                                         Cal. No. 24

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             January 9, 2009
                               ___________

Introduced  by  M.  of  A. GOTTFRIED, JACOBS, CHRISTENSEN, CLARK, GALEF,
  EDDINGTON, GUNTHER, HOYT, PRETLOW, MAYERSOHN, WRIGHT, BOYLAND, FIELDS,
  PHEFFER, ESPAILLAT, KAVANAGH, ROSENTHAL, PEOPLES, PERRY, COLTON, SCHI-
  MEL -- Multi-Sponsored by -- M. of A. AUBRY, BENJAMIN, BING,  BRENNAN,
  CAHILL,  CARROZZA,  CYMBROWITZ,  DESTITO, DIAZ, DINOWITZ, ENGLEBRIGHT,
  GLICK, HEASTIE, HOOPER, JAFFEE, JOHN, LENTOL, LIFTON, V. LOPEZ, LUPAR-
  DO, McENENY, MILLMAN, ORTIZ, PAULIN, REILLY,  P. RIVERA,  SCARBOROUGH,
  SWEENEY,  TOWNS,  WEISENBERG,  WEPRIN -- read once and referred to the
  Committee on Health -- reported from committee, advanced  to  a  third
  reading,  amended  and  ordered  reprinted, retaining its place on the
  order of third reading

AN ACT to amend the public health law,  in  relation  to  disclosure  of
  nursing quality indicators

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known and may be cited  as  the  "Nursing
Care Quality Protection Act".
  S  2.  The public health law is amended by adding a new section 2805-t
to read as follows:
  S 2805-T. DISCLOSURE OF NURSING QUALITY INDICATORS. 1. EVERY  FACILITY
WITH AN OPERATING CERTIFICATE PURSUANT TO THE REQUIREMENTS OF THIS ARTI-
CLE  SHALL  MAKE  AVAILABLE  TO  THE  PUBLIC INFORMATION REGARDING NURSE
STAFFING AND PATIENT OUTCOMES AS SPECIFIED BY THE COMMISSIONER  BY  RULE
AND  REGULATION. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS
ON THE DISCLOSURE  OF  NURSING  QUALITY  INDICATORS  PROVIDING  FOR  THE
DISCLOSURE OF INFORMATION INCLUDING AT LEAST THE FOLLOWING, AS APPROPRI-
ATE TO THE REPORTING FACILITY:
  (A)  THE  NUMBER  OF  REGISTERED  NURSES PROVIDING DIRECT CARE AND THE
RATIO OF PATIENTS PER REGISTERED NURSE, FULL-TIME EQUIVALENT,  PROVIDING
DIRECT  CARE.  THIS INFORMATION SHALL BE EXPRESSED IN ACTUAL NUMBERS, IN
TERMS OF TOTAL HOURS OF NURSING CARE PER PATIENT,  INCLUDING  ADJUSTMENT

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

                                                           LBD00983-02-9

A. 1752--A                          2

FOR  CASE MIX AND ACUITY, AND AS A PERCENTAGE OF PATIENT CARE STAFF, AND
SHALL BE BROKEN DOWN IN TERMS OF THE  TOTAL  PATIENT  CARE  STAFF,  EACH
UNIT, AND EACH SHIFT.
  (B)  THE  NUMBER  OF  LICENSED PRACTICAL NURSES PROVIDING DIRECT CARE.
THIS INFORMATION SHALL BE EXPRESSED IN ACTUAL NUMBERS, IN TERMS OF TOTAL
HOURS OF NURSING CARE PER PATIENT INCLUDING ADJUSTMENT FOR CASE MIX  AND
ACUITY,  AND  AS A PERCENTAGE OF PATIENT CARE STAFF, AND SHALL BE BROKEN
DOWN IN TERMS OF THE TOTAL PATIENT  CARE  STAFF,  EACH  UNIT,  AND  EACH
SHIFT.
  (C)  THE  NUMBER  OF  UNLICENSED  PERSONNEL UTILIZED TO PROVIDE DIRECT
PATIENT CARE, INCLUDING ADJUSTMENT FOR CASE MIX AND ACUITY. THIS  INFOR-
MATION  SHALL BE EXPRESSED BOTH IN ACTUAL NUMBERS AND AS A PERCENTAGE OF
PATIENT CARE STAFF AND SHALL BE  BROKEN  DOWN  IN  TERMS  OF  THE  TOTAL
PATIENT CARE STAFF, EACH UNIT, AND EACH SHIFT.
  (D)  INCIDENCE  OF  ADVERSE  PATIENT CARE, INCLUDING INCIDENTS SUCH AS
MEDICATION  ERRORS,  PATIENT  INJURY,   DECUBITUS   ULCERS,   NOSOCOMIAL
INFECTIONS, AND NOSOCOMIAL URINARY TRACT INFECTIONS.
  (E)  METHODS  USED  FOR  DETERMINING AND ADJUSTING STAFFING LEVELS AND
PATIENT CARE NEEDS AND THE FACILITY'S COMPLIANCE WITH THESE METHODS.
  (F) DATA REGARDING COMPLAINTS FILED WITH ANY STATE OR FEDERAL  REGULA-
TORY AGENCY, OR AN ACCREDITING AGENCY, AND DATA REGARDING INVESTIGATIONS
AND  FINDINGS AS A RESULT OF THOSE COMPLAINTS, DEGREE OF COMPLIANCE WITH
ACCEPTABLE STANDARDS, AND THE FINDINGS OF SCHEDULED INSPECTION VISITS.
  2. SUCH INFORMATION SHALL BE PROVIDED TO THE COMMISSIONER OF ANY STATE
AGENCY RESPONSIBLE FOR LICENSING OR ACCREDITING THE FACILITY, OR RESPON-
SIBLE FOR OVERSEEING THE DELIVERY OF SERVICES EITHER DIRECTLY  OR  INDI-
RECTLY  AND  TO  ANY  MEMBER OF THE PUBLIC WHO REQUESTS SUCH INFORMATION
DIRECTLY FROM THE FACILITY. WRITTEN STATEMENTS CONTAINING SUCH  INFORMA-
TION SHALL STATE THE SOURCE AND DATE THEREOF.
  S 3. This act shall take effect on the one hundred eightieth day after
it  shall have become a law; provided, however that effective immediate-
ly, the addition, amendment and repeal of any rule or regulation  neces-
sary  for  the  implementation  of  this  act  on its effective date are
authorized and directed to be made  and  completed  on  or  before  such
effective date.