Senate File 2296 - Introduced



                                       SENATE FILE       
                                       BY  BOLKCOM


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to nurse staffing levels in hospitals and
  2    providing a penalty.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 6049XS 82
  5 jr/nh/8

PAG LIN



  1  1    Section 1.  NEW SECTION.  135B.35  TITLE.
  1  2    This division may be cited as the "Hospital Staffing Plans
  1  3 Act".
  1  4    Sec. 2.  NEW SECTION.  135B.36  DEFINITIONS.
  1  5    As used in this division:
  1  6    1.  "Department" means the department of public health.
  1  7    2.  "Director" means the director of the department of
  1  8 public health.
  1  9    3.  "Intensity" means the level of patient needs as
  1 10 determined by a registered nurse providing direct patient
  1 11 care, taking into account at least all of the following
  1 12 factors:
  1 13    a.  The severity and urgency of the patient's admitting
  1 14 condition.
  1 15    b.  Scheduled procedures.
  1 16    c.  The patient's ability to meet health care requisites.
  1 17    d.  The patient's availability of social supports.
  1 18    e.  The age and functional ability of the patient.
  1 19    f.  Communication skills of the patient.
  1 20    g.  Other needs identified by the patient and the
  1 21 registered nurse.
  1 22    4.  "Patient care unit" means any unit of a hospital that
  1 23 provides patient care.
  1 24    5.  "Skill mix" means the number of registered nurses,
  1 25 licensed practical nurses, and other personnel providing
  1 26 direct patient care.
  1 27    6.  "State board" means the state board of health.
  1 28    Sec. 3.  NEW SECTION.  135B.37  STAFFING COMMITTEE.
  1 29    Each hospital shall appoint a staffing committee to assist
  1 30 in the development and implementation of a staffing plan for
  1 31 the hospital.  At least one=half of the members of the
  1 32 staffing committee shall be registered nurses currently
  1 33 providing direct patient care in the hospital.  If the
  1 34 registered nurses employed by the hospital have elected a
  1 35 collective bargaining representative, the registered nurse
  2  1 representatives on the staffing committee shall be selected by
  2  2 the collective bargaining representative.  Participation in
  2  3 the staffing committee shall be considered part of the
  2  4 employee's regularly scheduled work hours.
  2  5    Sec. 4.  NEW SECTION.  135B.38  STAFFING PLAN FOR NURSING
  2  6 SERVICES.
  2  7    1.  By July 1, 2009, each hospital shall develop and
  2  8 implement a staffing plan for nursing services.  The hospital
  2  9 shall collaborate with its staffing committee in the
  2 10 development and implementation of the staffing plan.  The
  2 11 hospital shall file the staffing plan with the department,
  2 12 post the staffing plan for each patient care unit in the
  2 13 appropriate patient care unit in the hospital, and provide a
  2 14 copy of the applicable staffing plan to a current or
  2 15 prospective patient of a patient care unit upon request.  The
  2 16 hospital, in collaboration with its staffing committee, shall
  2 17 review and update its staffing plan annually and file any
  2 18 updated staffing plan with the department.  The department
  2 19 shall include each hospital's current staffing plan on the
  2 20 hospital report card developed and made available pursuant to
  2 21 section 135B.45.
  2 22    2.  A hospital staffing plan shall do all of the following:
  2 23    a.  Set the minimum skill mix required in each patient care
  2 24 unit in the hospital based on the following criteria:
  2 25    (1)  Patient census information, including patient
  2 26 discharges, admissions, and transfers.
  2 27    (2)  Level of intensity of all patients and the nature of
  2 28 the care to be delivered on each shift.
  2 29    (3)  The skill level, experience, and specialty
  2 30 certification or training of those persons providing care in
  2 31 the unit.
  2 32    (4)  The need for specialized or intensive equipment.
  2 33    b.  Include appropriate limits on the use of agency and
  2 34 traveling nurses.
  2 35    c.  Be consistent with the scopes of practice of registered
  3  1 nurses and licensed practical nurses and the authorized duties
  3  2 of other personnel providing direct patient care.
  3  3    d.  Include adequate administrative staff in each patient
  3  4 care unit to ensure that nurses providing direct patient care
  3  5 are not hindered in the delivery of that care.
  3  6    e.  Include a process for an annual internal review by the
  3  7 staffing committee that ensures compliance with the staffing
  3  8 plan, provides for review of incidents and staff concerns, and
  3  9 tracks staffing patterns and the number of patients and their
  3 10 acuity.
  3 11    f.  Comply with and not diminish existing standards in any
  3 12 applicable collective bargaining agreement.
  3 13    Sec. 5.  NEW SECTION.  135B.39  HOSPITAL STAFFING.
  3 14    1.  A hospital shall staff each patient care unit in
  3 15 accordance with its staffing plan.  The hospital may deviate
  3 16 from a staffing plan in cases of emergency, as determined by
  3 17 the hospital.  The hospital shall make a record of any
  3 18 deviation from a staffing plan and report the deviation to the
  3 19 department in a manner determined by the department by rule.
  3 20    2.  A hospital shall maintain and post a list of qualified,
  3 21 on=call nursing staff and nursing services that may be called
  3 22 to provide replacement staff in the event of sickness,
  3 23 vacations, vacancies, and other absences of nursing staff.
  3 24 The list shall provide a sufficient number of replacement
  3 25 staff for the hospital on a regular basis.
  3 26    Sec. 6.  NEW SECTION.  135B.40  RECORDKEEPING AND
  3 27 REPORTING.
  3 28    1.  A hospital shall maintain accurate daily records
  3 29 containing all of the following:
  3 30    a.  The number of patients present in each patient care
  3 31 unit at the end of each standard shift within the hospital.
  3 32    b.  The number of admissions, discharges, transfers, and
  3 33 observation patients in each patient care unit during each
  3 34 shift.
  3 35    c.  The skill mix in each patient care unit during each
  4  1 shift.
  4  2    2. The daily records shall be retained for at least seven
  4  3 years and shall be made available upon request to the
  4  4 department and the staffing committee.
  4  5    3.  At least twice a year, a hospital shall collect and
  4  6 submit to the department the following nurse staffing
  4  7 information:
  4  8    a.  The mix of registered nurses, licensed practical
  4  9 nurses, and other personnel caring for patients as a
  4 10 percentage of the total of all nursing care hours in each
  4 11 patient care unit.
  4 12    b.  The total nursing care hours provided per patient day
  4 13 in each patient care unit.
  4 14    c.  The average number of pressure ulcers per patient.
  4 15    d.  The average number of patient falls per one thousand
  4 16 patient days.
  4 17    Sec. 7.  NEW SECTION.  135B.41  RETALIATION PROHIBITED.
  4 18    A hospital shall not retaliate against or intimidate an
  4 19 employee for performing any duties or responsibilities in
  4 20 connection with participation on the staffing committee.  A
  4 21 hospital shall not retaliate against or intimidate an employee
  4 22 who notifies the staffing committee, the hospital's
  4 23 administration, or the department that a staffing schedule for
  4 24 a patient care unit fails to comply with the posted staffing
  4 25 plan or that the hospital has failed to develop or implement a
  4 26 staffing plan as required by this division.
  4 27    Sec. 8.  NEW SECTION.  135B.42  PENALTIES.
  4 28    1.  The department shall investigate complaints of
  4 29 violations of this division and may impose civil penalties,
  4 30 not to exceed five thousand dollars per day per violation, or
  4 31 suspend or revoke a hospital's license for a violation of this
  4 32 division.  Each violation of a staffing plan shall be
  4 33 considered a separate violation.
  4 34    2.  The department shall maintain, and make available to
  4 35 the public, records of any civil penalties, administrative
  5  1 actions, or license suspensions or revocations imposed on
  5  2 hospitals for a violation of this section.
  5  3    Sec. 9.  NEW SECTION.  135B.43  REPORT TO THE GENERAL
  5  4 ASSEMBLY.
  5  5    The department shall submit an annual report to the general
  5  6 assembly regarding hospital staffing plans, including
  5  7 information pertaining to hospital compliance with the
  5  8 requirements of this division.  The department shall make the
  5  9 report available to the public.
  5 10    Sec. 10.  NEW SECTION.  135B.44  RULES.
  5 11    The state board shall adopt rules as necessary to implement
  5 12 this division.
  5 13    Sec. 11.  NEW SECTION.  135B.45  HOSPITAL REPORT CARD ==
  5 14 STAFFING PLANS.
  5 15    1.  The director shall establish an Iowa hospital report
  5 16 card consisting of the data assembled pursuant to this
  5 17 division, including the hospital staffing plans required by
  5 18 section 135B.38, and the nurse staffing information required
  5 19 by section 135B.40.  At a minimum, the data, hospital staffing
  5 20 plans, and nurse staffing information shall be made available
  5 21 on an internet web site in a manner that allows consumers to
  5 22 conduct an interactive search that allows them to view and
  5 23 compare the information for specific hospitals.  The web site
  5 24 shall include such additional information as is determined
  5 25 necessary to ensure that the web site enhances informed
  5 26 decision making among consumers and health care purchasers,
  5 27 which shall include, at a minimum, appropriate guidance on how
  5 28 to use the data, hospital staffing plans, and nurse staffing
  5 29 information and an explanation of why the data, hospital
  5 30 staffing plans, or nurse staffing information may vary from
  5 31 hospital to hospital.  All information specified in this
  5 32 subsection shall be released on or before July 1, 2010, and
  5 33 shall be updated on a regular basis.
  5 34    2.  Prior to the completion of the Iowa hospital report
  5 35 card, the director shall ensure that every hospital is allowed
  6  1 thirty days within which to examine the data, hospital
  6  2 staffing plans, and nurse staffing information and submit
  6  3 comments for consideration and inclusion in the final Iowa
  6  4 hospital report card.
  6  5                           EXPLANATION
  6  6    This bill requires, by July 1, 2009, hospitals to develop
  6  7 staffing plans that establish the minimum number of registered
  6  8 nurses, licensed practical nurses, and other personnel
  6  9 providing direct patient care required in each patient care
  6 10 unit in the hospitals.  Each hospital must appoint a staffing
  6 11 committee to assist in the development and implementation of a
  6 12 staffing plan.  At least one=half of the members of the
  6 13 committee must be registered nurses currently providing direct
  6 14 patient care in the hospital.
  6 15    Plans must be filed with the department of public health
  6 16 and be made available to patients upon request.  The bill
  6 17 requires hospitals to staff each patient care unit as provided
  6 18 in the staffing plan.  However, the bill does allow a
  6 19 modification to the staffing plan for a particular patient
  6 20 care unit in an emergency.  Hospitals must maintain accurate
  6 21 daily records and submit nurse staffing information to the
  6 22 department at least semiannually.
  6 23    The bill prohibits a hospital from retaliating against an
  6 24 employee for participating on the staffing committee or
  6 25 notifying the staffing committee, the hospital's
  6 26 administration, or the department of a deviation from a
  6 27 staffing plan or failure to develop or implement a staffing
  6 28 plan.
  6 29    The bill requires the department to investigate complaints
  6 30 of violations.  The department may impose civil penalties up
  6 31 to five thousand dollars per day per violation, or suspend or
  6 32 revoke a hospital's license for violation of these
  6 33 requirements.  Each violation of a staffing plan shall be
  6 34 considered a separate violation.
  6 35    The bill directs the director of public health to establish
  7  1 a hospital report card.  The report card consists of the data
  7  2 collected pursuant to these provisions, including the hospital
  7  3 staffing plans, and the nurse staffing information.  This
  7  4 information is to be available on an internet web site.  The
  7  5 web site must include additional information as necessary to
  7  6 ensure that the web site enhances informed decision making
  7  7 among consumers and health care purchasers.  The information
  7  8 shall be released on or before July 1, 2010, and shall be
  7  9 updated regularly.
  7 10    The bill requires the department to submit an annual report
  7 11 to the general assembly regarding hospital compliance with
  7 12 these requirements.
  7 13 LSB 6049XS 82
  7 14 jr/nh/8