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Patient Safety Wins: A Real Compromise on Nurse Staffing

15 hours of negotiation yield important patient safety measures and protections for hospitals

The highlights of the compromise bill legislative leaders developed include:

Protects patient safety

  • Directs the Massachusetts Department of Public Health to develop and implement minimum RN staffing standards and an enforceable limit on the number of patients assigned to each registered nurse.
  • The staffing levels would be set by DPH after public hearings and will be based on scientific research, patient outcomes and expert testimony.
  • Standardized criteria (acuity based patient classification system) to adjust the nurses’ patient assignment in order to better meet patient care needs.
  • Prohibits the dangerous practice of mandatory overtime.
  • Assures that hospitals cannot delegate to unlicensed personnel duties which demand nursing expertise.
  • Protects other valuable members of the health care team by expressly prohibiting “understaffing of other critical health care workers, including licensed practical nurses and unlicensed assistive personnel.”

Assures reasonable process for hospitals to comply

  • Financial hardship waiver process for hospitals
  • Ample 'ramp-up' time to meet the new standards:  teaching hospitals 2008, community hospitals 2010.
  • Flexibility in staffing:  Calls on DPH to create a standardized acuity-based patient classification system, which is a standardized formula for rating the illness level of patients allowing an objective tool to adjust RN staffing to meet patient care needs.
  • DPH will have oversight with the ability to investigate and to utilize their discretion in any non-compliance review process
Ensures a continued strong pipeline of nurses into the profession
  • Creates programs to increase nurse faculty in our schools of nursing.
  • Creates nurse recruitment initiatives to assure a continued supply of nurses, including nursing scholarships and mentorship programs.
  • Provides for refresher programs to assist nurses who, with the passage of enforceable limits on patient assignments, expressed a strong desire in returning to practice at the hospital bedside.

Everybody wins here; hospitals, nurses, and most important of all, the patients.

The 23,000 members of the Massachusetts Nurses Association joins with the 104 member Coalition to Protect Massachusetts Patients in applauding the efforts of all involved to reach this compromise and in doing so address this important patient safety issue.

The compromise addresses the objections expressed by the hospital industry

Hospital industry objections:

The compromise bill:

Legislators setting staffing levels. 

Directs the DPH to undergo a vigorous regulatory process utilizing research, data, patient outcome information and expert testimony to develop safe standards and limits.

Flexibility.

Staffing based on patients needs.

Financial strapped hospitals ability to comply.

Provides hospitals in legitimate financial distress a time-limited waiver process to comply.

The penalty and fine process was too strict. 

Provides for a prima facia process, reduced fines and discretion of DPH during non-compliance review.

Need to focus more on recruitment of nurses.

Includes nurse faculty and recruitment initiatives put forth by their own bill.

Need to protect and account for other members of the health care team. Prevents “understaffing of other critical health care workers, including licensed practical nurses and unlicensed assistive personnel.”

Also includes these workers in the formula DPH will create to adjust staffing based on patient needs.

 
         
 

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