S. 1031 would amend the Public Health Service Act to establish direct care registered nurse-to-patient staffing ratio requirements in hospitals.
Detailed Summary
National Nursing Shortage Reform and Patient Advocacy Act - Amends the Public Health Service Act to require hospitals to implement nurse-to-patient staffing plans that provide adequate, appropriate, and quality delivery of health care services and protect patient safety. Sets forth minimum direct care registered nurse-to-patient ratios for emergency units, operating rooms, critical care units, and nursery units. Prohibits hospitals from imposing mandatory overtime and layoffs to meet required ratios.
Requires hospitals to post a uniform notice that sets forth nurse-to-patient staffing ratios and requirements and to maintain records of actual direct care registered nurse-to-patient ratios in each hospital unit.
Requires the Secretary of Health and Human Services (HHS) to: (1) establish a grant program to cover the costs of purchasing safe patient handling equipment; (2) establish procedures to allow the filing of complaints against a hospital for violations of this Act; (3) carry out a registered nurse workforce initiative to ensure an adequate number of registered nurses and reduce critical workforce shortages in hospitals; (4) establish nursing educational assistance grant programs; and (5) award grants to hospitals for a five-year nursing preceptorship and mentorship demonstration project to address nurse workforce shortages, improve patient care, and promote the retention of nurses in the workforce.
Requires the Secretary of Labor to establish a federal safe patient handling standard to prevent musculoskeletal disorders for direct care registered nurses and other health care providers.
Grants nurses certain rights, including the right to act as a patient advocate and to refuse assignments that violate the requirements of this Act or for which the nurse is not prepared by education, training, or experience. Prohibits hospitals from discharging, discriminating, or retaliating against a nurse for refusing a work assignment.
Amends the Social Security Act to make Medicare and Medicaid providers subject to the requirements of this Act.
Status of the Legislation
Latest Major Action: 5/13/2009: Referred to Senate committee. Status: Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Points in Favor
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Points Against
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Visitor Comments
Bad timing
May 31, 2009, 5:37am (report abuse)Good intentions but I think a nationwide mandate at these hard economic times is not appropriate.
The healthcare industry is the only one thriving nowadays and doing this now would kill it.
This will also exacerbate the nursing shortage rather than solve it and the very few areas w/c does not have one will suddenly have an artificial shortage. California has a mandatory ratio for 5-6 years now and yet they are still reporting shortages (even at these times) and still projecting more in the years to come.
Just shows that simply enforcing a nurse-to-patient ratio and increasing salaries is not enough to attract more nurses.
My2cents
June 12, 2009, 1:55pm (report abuse)I disagree since I already work in healthcare as an RN. If you look at CA, there are still shortages but nowhere as badly as before. Also, being forced to take care of more patients highly increases the likelihood of errors and poor patient care. Maybe you should try it before putting your comments out about it. Also, the healthcare industry is not thriving - hospitals are closing, laying off staff (ie, increasing the number of patients per nurse), freezing yearly increases and even stopping their 401K matches for emlpoyees. So guess again!
Bad timing
June 13, 2009, 3:23pm (report abuse)"If you look at CA, there are still shortages but nowhere as badly as before"
Did I say something different? Where did I say it did not improve things? It did but not enough.
And healthcare is thriving aka SURVIVING. Where did I say that they are not affected what so ever by the recession ?? You do know what thriving means don't you? It's true that there are some layoffs and freeze-hiring but overall the HC industry is still positive per the monthly jobs reports of the Dept. of Labor.
Hence, the use of the term THRIVING.
Also try addressing the bill and not just criticizing someone's comments (note I did say address the bill in addition to criticizing before you mis-interpret my comment again)
You fail to say what you think of the bill.
US Nurse Janet
August 6, 2009, 3:53pm (report abuse)The main reason I left hospital nursing was due to the number of patient one had to care for on ones shift. Each year the amount seemed to clib until you finally had to admit to yourself that it was just to dangerous to try to care for everyone and do a safe job of it. One does make mistakes when overloaded and when a nurse is so burdened with so many rules and regulations then how is that nurse able to complete his or her job safely? This bill is a real need for the nurses of the USA if they are to care for their patients safely.
jlj
September 16, 2009, 8:16pm (report abuse)As an RN, I agree with the nurses who spoke before me. Dangerous care is the care patients are receiving. It's time safety, instead of profit, becomes the priority! Patient's die everyday because they haven't had proper care at the bedside. Our hospital administrators should be ashame.
US RN Kathy
October 17, 2009, 1:23pm (report abuse)Whose license and livlihood is at stake when admistrations cut staffing, increase patient loads and decrease ancillary personnel? It is not the CNO's, or managers who are in jeopardy, it is the patients and the direct care providers who are the biggest risk takers. We must limit our liabilites, if not with staffing mandates then with objective acuity limits given per RN. And the working direct patient RN's must approve the limits, not one of the thousands of "paper" nurses who haven't touched a patient in years.