S T A T E O F N E W Y O R K
________________________________________________________________________
450
2015-2016 Regular Sessions
I N S E N A T E
(PREFILED)
January 7, 2015
___________
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-c to read as follows:
S 2806-C. 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.
LBD02388-01-5
S. 450 2
DEPARTMENT, AND MAKE AVAILABLE TO THE PUBLIC, A STATEMENT OF COMPLIANCE
WITH SUCH RULES AND REGULATIONS. THE STATEMENT SHALL BE FILED IN THE
FORM AND MANNER AS DETERMINED BY THE DEPARTMENT.
4. BEGINNING NO LATER THAN SIX MONTHS FOLLOWING DISTRIBUTION TO HOSPI-
TALS OF THE RULES AND REGULATIONS PROMULGATED PURSUANT TO SUBDIVISION
TWO OF THIS SECTION, EACH HOSPITAL SHALL DAILY POST, IN A PROMINENT
PLACE, A REPORT OF THE STAFFING LEVELS IN EACH PATIENT CARE UNIT FOR
THAT DAY.
5. THE FAILURE OF A HOSPITAL TO COMPLY WITH THE REQUIREMENTS OF THIS
SECTION, OR ANY RULE OR REGULATION PROMULGATED PURSUANT THERETO, SHALL
BE DEEMED A VIOLATION AND SHALL SUBJECT SUCH HOSPITAL TO THE PENALTIES
AND INJUNCTIONS SET FORTH IN SECTION TWELVE OF THIS CHAPTER. EACH
INSTANCE IN WHICH THE STAFFING LEVELS OF ANY SHIFT OF ANY UNIT OF A
HOSPITAL FAIL TO MEET THE REQUIREMENTS ESTABLISHED PURSUANT TO THIS
SECTION SHALL CONSTITUTE A SEPARATE VIOLATION OF THIS SECTION.
S 2. This act shall take effect immediately.