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

                                  2735

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2009
                               ___________

Introduced  by  M.  of  A.  BRENNAN, JOHN, JAFFEE, BOYLAND, SCHROEDER --
  Multi-Sponsored by -- M.  of A. COLTON, HOOPER, JACOBS, LUPARDO, MENG,
  PERRY, PHEFFER, WRIGHT -- read once and referred to the  Committee  on
  Mental Health, Mental Retardation and Developmental Disabilities

AN  ACT  to  amend  the  mental hygiene law, in relation to establishing
  minimum staffing ratios in facilities operated under the  jurisdiction
  of the office of mental health

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

  Section 1. The mental hygiene law is amended by adding a  new  section
7.43 to read as follows:
S 7.43 MINIMUM STAFFING RATIOS.
  (A) AS USED IN THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
ING MEANINGS:
  1.  "SHORT  STAY  PATIENT"  SHALL  MEAN A DIRECT ADMISSION OR INDIRECT
ADMISSION PATIENT WITHIN  A  FACILITY  UNDER  THE  JURISDICTION  OF  THE
OFFICE.
  2.  "SPECIALIZED CARE PATIENT" SHALL MEAN A PATIENT, WITHIN A FACILITY
OPERATED UNDER THE JURISDICTION OF THE  OFFICE,  RECEIVING  ANY  ONE  OR
COMBINATION  OF  SECURE  CARE  SERVICES,  INFIRMARY  SERVICES,  DEAFNESS
SERVICES OR INTENSIVE REHABILITATIVE SERVICES. FOR THE PURPOSES OF CLAS-
SIFICATION, MULTIPLY DISABLED PATIENTS OR PATIENTS REFERRED TO A FACILI-
TY BY THE DEPARTMENT OF CORRECTIONS, THE OFFICE OF CHILDREN  AND  FAMILY
SERVICES  OR BY COURT ORDER SHALL ALSO BE DESIGNATED AS SPECIALIZED CARE
PATIENTS.
  3. "EXTENDED CARE PATIENT" SHALL MEAN A  PATIENT,  WITHIN  A  FACILITY
OPERATED  UNDER THE JURISDICTION OF THE OFFICE, RECEIVING GERIATRIC CARE
OR REHABILITATIVE CARE.
  4. "SHORT STAY UNIT" SHALL BE A UNIT, OPERATED WITHIN A FACILITY UNDER
THE JURISDICTION OF THE OFFICE, THAT INCLUDES AT LEAST  ONE  SHORT  STAY
PATIENT AS DEFINED IN PARAGRAPH ONE OF THIS SUBDIVISION.
  5. "SPECIALIZED CARE UNIT" SHALL BE A UNIT, OPERATED WITHIN A FACILITY
UNDER  THE  JURISDICTION  OF  THE  OFFICE,  THAT  INCLUDES  AT LEAST ONE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD03243-01-9

A. 2735                             2

SPECIALIZED CARE PATIENT, AS DEFINED IN PARAGRAPH TWO OF  THIS  SUBDIVI-
SION.
  6.  "EXTENDED  CARE  UNIT"  SHALL BE A UNIT OPERATED WITHIN A FACILITY
UNDER THE JURISDICTION OF THE OFFICE THAT INCLUDES AT LEAST ONE EXTENDED
CARE PATIENT AS DEFINED IN PARAGRAPH THREE OF THIS SUBDIVISION.
  7. "DIRECT CARE WORKFORCE" SHALL INCLUDE THE DISCIPLINES  OF  LICENSED
PRACTICAL  NURSE,  SUPERVISING  LICENSED  PRACTICAL NURSE, MENTAL HEALTH
THERAPY AIDE, MENTAL HYGIENE THERAPY ASSISTANT I, MENTAL HYGIENE THERAPY
ASSISTANT II, MENTAL HYGIENE WARD AIDE, SECURE CARE  TREATMENT  AIDE  I,
SECURE  CARE  TREATMENT  AIDE  II, REGISTERED NURSE, PHYSICIAN, PSYCHIA-
TRIST, PSYCHOLOGIST, SOCIAL WORKER, RECREATION THERAPIST, AND  REHABILI-
TATION COUNSELOR.
  8.  "STAFFING RATIO" SHALL MEAN THE RATIO OF DIRECT  CARE EMPLOYEES TO
THE ACTUAL NUMBER OF PATIENTS WITHIN A SHORT STAY UNIT, SPECIALIZED CARE
UNIT OR EXTENDED CARE UNIT. FOR THE  PURPOSES  OF  DETERMINING  STAFFING
RATIOS  PURSUANT  TO  THIS SECTION, "DIRECT CARE EMPLOYEE" SHALL INCLUDE
TWO CATEGORIES. CATEGORY ONE SHALL INCLUDE THE TITLES OF LICENSED  PRAC-
TICAL NURSE, SUPERVISING LICENSED PRACTICAL NURSE, MENTAL HEALTH  THERA-
PY  AIDE,  MENTAL  HYGIENE  THERAPY  ASSISTANT I, MENTAL HYGIENE THERAPY
ASSISTANT II, MENTAL HYGIENE WARD AIDE, SECURE CARE  TREATMENT  AIDE  I,
SECURE  CARE  TREATMENT  AIDE  II. CATEGORY TWO SHALL INCLUDE THE DISCI-
PLINES OF PHYSICIAN, PSYCHIATRIST, PSYCHOLOGIST, SOCIAL  WORKER,  REGIS-
TERED NURSE, RECREATION THERAPIST, AND REHABILITATION COUNSELOR.
  (B)  FOR  THE  PURPOSES OF ESTABLISHING STAFFING RATIOS, EVERY PATIENT
WITHIN A FACILITY OPERATED UNDER THE JURISDICTION OF THE OFFICE SHALL BE
CLASSIFIED AS A SHORT STAY, SPECIALIZED CARE OR EXTENDED  CARE  PATIENT,
AND  ASSIGNED  TO A CORRESPONDING SHORT STAY UNIT, SPECIALIZED CARE UNIT
OR EXTENDED CARE UNIT. FOR THE PURPOSES OF CLASSIFICATION,  THE  CHARAC-
TERISTICS  OF  THE  PATIENTS  NEEDING  THE  MOST INTENSIVE CARE SHALL BE
UTILIZED IN DETERMINING THE CLASSIFICATION OF THE ENTIRE UNIT.   NOTHING
HEREIN  SHALL  BE  CONSTRUED  TO  DIMINISH  OR CHANGE THE ABILITY OF THE
OFFICE TO DETERMINE APPROPRIATE TREATMENT, DIAGNOSIS,  ADMISSION  PROCE-
DURES OR PLACEMENT  WITHIN A FACILITY FOR ANY PATIENTS.
  (C)  1.  ANY  UNIT  WHICH  IS  CLASSIFIED  AS  A SHORT STAY UNIT OR AN
EXTENDED CARE UNIT SHALL MAINTAIN A STAFF TO PATIENT RATIO  OF  NO  LESS
THAN  1.2  TO  1  FOR  CATEGORY ONE EMPLOYEES AND A RATIO OF .4 TO 1 FOR
CATEGORY TWO EMPLOYEES AND SHALL BE LIMITED TO TWENTY-FIVE PATIENTS.
  2. ANY UNIT WHICH IS CLASSIFIED AS A SPECIALIZED CARE UNIT SHALL MAIN-
TAIN A STAFF TO PATIENT RATIO OF NO LESS THAN 1.6 TO 1 FOR CATEGORY  ONE
EMPLOYEES AND A RATIO OF .6 TO 1 FOR CATEGORY TWO EMPLOYEES AND SHALL BE
LIMITED TO TWENTY PATIENTS.
  3.  NOTHING HEREIN SHALL BE CONSTRUED TO PREVENT THE OFFICE FROM RAIS-
ING THE STAFFING LEVELS DUE TO THE ACUITY LEVEL OF EACH WARD.
  (D) THE OFFICE SHALL, AT LEAST ONCE EVERY QUARTER, PUBLISH THE  STAFF-
ING  RATIOS  OF  EACH  FACILITY UNDER ITS JURISDICTION. SUCH PUBLICATION
SHALL INCLUDE THE NUMBER OF PATIENTS  WITHIN  EACH  UNIT,  THE  SPECIFIC
CLASSIFICATION  OF  EACH PATIENT, AND THE SPECIFIC TITLES OF DIRECT CARE
STAFF ASSIGNED TO SUCH UNIT.  SUCH  PUBLICATION  SHALL  ALSO  INCLUDE  A
COMPARISON  OF  THE  CURRENT  STAFFING  RATIOS TO THE PREVIOUS QUARTER'S
STAFFING RATIOS. THE FIRST SUCH PUBLICATION SHALL BE  SUBMITTED  TO  THE
GOVERNOR  AND  THE CHAIRPERSONS OF THE SENATE AND ASSEMBLY MENTAL HEALTH
COMMITTEES ON OR BEFORE JANUARY FIRST, TWO THOUSAND NINE.  SUCH PUBLICA-
TIONS SHALL BE SUBMITTED QUARTERLY THEREAFTER.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.