The New Jersey Department of Health and Seniors Services is proposing regulations that would require all hospitals to make their staffing keys public. If passed, it would be one of the few states in the country to do so after California. To ensure that all patients receive the attention they need, hospitals must ensure fluid communication between caregivers and patients. This report, approved by the chairman of the Senate Committee on Education and Health of Virginia, examines the provisions of General Assembly Bill 1125 of 2001. Senate Bill 1125 requires nursing homes in Virginia to implement minimum nursing standards of 5.2 hours per resident day (hprd). For licensed practical nurses (CNA), the bill requires minimum ratios of 1:5 residents (day), 1:5 (evening) and 1:10 (night), for a total of 4.0 HPRD, and minimum ratios of registered nurses per resident of 1:15 (day), 1:20 (evening) and 1:30 (night), or 1:2 HPRD in total. These minimum standards exceed those of all other countries as well as those recommended by interest groups and research organizations. The tax impact on the Medicaid program is estimated at an additional $91.2 million from the general fund per year. On January 1, 2001, the bill was referred to the Education and Health Committee, where it failed.
Of the 43 states that participated in the survey, 86 percent say the shortage of direct caregivers is a serious labor problem. Eleven states are reporting changes in programs, initiatives and activities related to direct caregivers due to the economic downturn. Florida reports that the slowing economy has affected the state budget and could influence future increases in funding for nursing home staffing quotas, such as those enacted by SB 1202 in the Florida legislature in 2001. The legislation passed in Delaware, SB 368, provides flexibility to meet minimum standards for certain nursing homes that may struggle to meet the minimum staffing keys of the Eagle Law (SB 115). Care facilities that cannot meet the required staff-to-resident ratio can apply for an exemption through the Department of Long-Term Care Resident Protection, exceptions are subject to approval by the Delaware Nursing Home Residents Quality Assurance Commission. At the same time, the legislation weakens the staff-resident ratio for direct caregivers by requiring less stringent shift ratios for licensed and unlicensed staff than those established under the previous law (reference #4 describes changes in Delaware`s staff-to-resident ratio). The study also included discussions with key national stakeholders on the issues of the state nurse quota. Our literature review and discussions identified important gaps in knowledge about state activities. We will seek to address these gaps through case studies, which we will conduct in the second part of this study – a series of discussions with key researchers and stakeholders at the state level on various aspects of the state`s minimum nursing quotas and their implementation. Each hospital has protocols in place to decide how many patients a nurse can treat at a time. When staffing levels are low, nurse-to-patient ratios often exceed guidelines.
In some states, hospitals need to be transparent about this — and they can face lawsuits if they don`t meet prescribed quotas. California is currently the only state to have mandatory nurse-to-patient ratios that can vary depending on the nursing specialty. Currently, only a few hospitals are required to disclose their key figures. However, most hospitals and health systems voluntarily disclose their staffing key more regularly to create transparency. For example, the nurse-to-patient ratio in New York City averages 1 to 6, while the ratio of nurses in California averages 1 to 3.6. Federal nursing requirements: The committee recommends that evaluators obtain data on nursing staff and calculate an average staff-to-resident ratio for nursing homes, as outlined in the Medicaid Cost Report prior to inspections. This calculation should be compared to the actual number of nurses during the inspection. Inspectors should also assess the severity of the occupant during the surveying or inspection process based on HCFA staff time measurement studies published in 1995 and 1997. These results can be used to document potential staffing issues. DPH should randomize the number of days between survey cycles.
The laws, introduced in 2000 but not passed, provided for subsidy programs to increase nurses, civil fines for nursing homes that endanger the safety of residents, information on staffing levels for consumers, and the development and implementation of staff quotas after the publication of the second phase of the CMS study. The Special Senate Committee on Aging held a hearing in November 1999 to examine the issue of staffing shortages in nursing homes. Senator Grassley explained that supporters of nursing home reform want to strengthen the 1987 federal guidelines, while the industry has lobbied against minimum standards, citing tight budgets and the inability to pay more staff. Dr. Charlene Harrington, a professor at the University of California who moderated the hearing, explained that understaffing and under-trained staff are contributing factors to the poor quality of nursing homes. California and Massachusetts have laws on nurse-to-patient ratios in hospitals. Massachusetts laws limit nurses to one patient in the intensive care unit (ICU). Exceptions can be made as long as nurses follow a visual acuity tool to determine if a patient is stable enough to be matched. Currently, there is no national policy imposing nursing staffing quotas for health care. While these regulations and recommendations provide guidance, they are about to dictate state-specific policy. Each state is responsible for setting its own standard for caregiver-patient ratios. State responses varied, with California being the only state to formally establish comprehensive laws and regulations that impose minimum nurse-to-patient ratio requirements.
On a smaller scale, Massachusetts has taken steps to formalize its requirements by passing legislation establishing safe staffing practices for the state`s intensive care units (ICUs). States with caregiver-to-patient ratios vary widely, with some states having policies to enforce staffing relationships. Whether in an acute care hospital or a long-term care facility, optimal care depends on the right nurses. When caregivers are overwhelmed, the quality of care suffers – and lives can even be at risk. For decades, medical professionals have conducted studies and examined statistics to quantify the ideal number of patients for whom nurses in different care settings should be responsible. The Panel found no correlation between the number of deficiencies allocated to a facility and the ratio of direct hours of care (care and supports) to nursing home residents. One limitation of the data, however, is the inability to control the mix of cases for each facility. States that changed their staff-to-resident ratios between 1999 and 2000 include Maine and Oklahoma, with further increases expected in 2001 and 2002. States that have passed laws mandating a minimum number of hours of care per resident day include California through 2004, unless a study commission develops an alternative by that date, and Delaware by 2001.
Legislation to increase enrolment was introduced in Michigan, New Jersey, New York, and the District of Columbia during the 1999-2000 session, but failed. In Rhode Island, a proposal was blocked when the report was published in session. Arkansas passed legislation to raise its standard, but the measure was derailed in July 2000 due to lack of funding from the department. The requirement to publicly publish the number of employees on duty is included in most laws and reflects consumer demand. DHS does not recommend raising the minimum staffing standard above 3.2 HPRD unless there is empirical evidence to support the conclusion that raising the standard would improve the quality of hospital care. However, DHS would recommend converting the HPRD standard of 3.2 to a staff-to-resident ratio in the future, giving nursing homes the flexibility to meet staffing needs. In the absence of legal requirements, some states require hospitals to be responsible for staffing key through public reporting. Currently, hospitals in Illinois, New Jersey, New York, Rhode Island and Vermont must disclose their staffing keys.
Public reporting systems provide transparency to the public, allowing patients to make informed decisions about where to be treated. According to the report, released by the Connecticut Bureau of Legislative Research, 36 states have set minimum staffing requirements for nursing homes. These states are listed in Table 1, which is divided into states where staffing requirements are expressed in hours of care per resident-day, staff-to-resident ratio, 24/7 RNs, or a combination of all three.