S T A T E   O F   N E W   Y O R K
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                                  1494

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 2, 2009
                               ___________

Introduced by Sens. DeFRANCISCO, GRIFFO, LANZA, VOLKER -- 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  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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00983-01-9

              

S. 1494                             2

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.