PRINTER'S NO. 309
No. 306 Session of 2001
INTRODUCED BY SCHWARTZ, MELLOW, HUGHES, WAUGH, STOUT, BODACK, KUKOVICH, TARTAGLIONE, MUSTO, O'PAKE, LOGAN, COSTA, WOZNIAK, WAGNER, BOSCOLA, LAVALLE, STACK, KASUNIC, KITCHEN AND WILLIAMS, FEBRUARY 5, 2001
REFERRED TO PUBLIC HEALTH AND WELFARE, FEBRUARY 5, 2001
AN ACT 1 Requiring long-term care nursing homes to maintain certain 2 staffing levels in order to protect the health and safety of 3 residents and employees; providing for enforcement by the 4 Department of Health; and imposing civil penalties. 5 The General Assembly finds and declares as follows: 6 (1) The Commonwealth has a large and growing population 7 of senior and disabled persons who require nursing facility 8 care. 9 (2) Significant staffing resources are necessary to 10 provide quality care to our senior and disabled citizens who 11 reside in nursing homes. 12 (3) Long-term care nursing facilities which receive 13 public money should be required to provide at all times 14 staffing resources to meet the minimum levels necessary to 15 provide quality care to each resident. 16 (4) Nursing facilities which receive public money have a 17 responsibility to report to residents, their families and the 18 taxpayers of this Commonwealth the staffing levels that they
1 provide for the residents in their care. 2 The General Assembly of the Commonwealth of Pennsylvania 3 hereby enacts as follows: 4 Section 1. Short title. 5 This act shall be known and may be cited as the Nursing Home 6 Staffing Level Act. 7 Section 2. Definitions. 8 The following words and phrases when used in this act shall 9 have the meanings given to them in this section unless the 10 context clearly indicates otherwise: 11 "Afternoon shift." A shift commencing no earlier than 2 p.m. 12 and no later than 4 p.m. 13 "Department." The Department of Health of the Commonwealth. 14 "Licensed nurse." A registered nurse or licensed practical 15 nurse. 16 "Morning shift." A shift commencing no earlier than 6 a.m. 17 and no later than 8 a.m. 18 "Nighttime shift." A shift commencing no earlier than 10 19 p.m. and no later than 12 midnight. 20 "Shift." A work period consisting of approximately eight 21 hours unless otherwise established under a collective bargaining 22 agreement. 23 Section 3. Minimum staffing standards for unlicensed and 24 licensed nursing personnel. 25 (a) General rule.--The department shall not issue or renew a 26 license of a long-term care nursing facility unless that 27 facility employs nursing personnel sufficient in number to 28 provide continuous 24-hour nursing care and service sufficient 29 to meet the needs of each resident in the facility. 30 (b) Nurse aide ratios.--A long-term care nursing facility 20010S0306B0309 - 2 -
1 shall maintain a ratio of residents to nurse aides of no more 2 than: 3 (1) Eight to one during a morning shift. 4 (2) Ten to one during an afternoon shift. 5 (3) Fifteen to one during a nighttime shift. 6 (c) Licensed nurse ratios.--A long-term care nursing 7 facility shall maintain a ratio of residents to licensed nurses, 8 either registered nurses or licensed practical nurses, of no 9 more than: 10 (1) Fifteen to one during a morning shift. 11 (2) Twenty-five to one during an afternoon shift. 12 (3) Thirty-five to one during a nighttime shift. 13 (d) Restrictions on nursing staff services.--No employee 14 designated as a member of the nursing staff shall provide the 15 following services: 16 (1) Food preparation. 17 (2) Housekeeping. 18 (3) Laundry. 19 (4) Maintenance. 20 A person employed to provide those services shall not provide 21 nursing care to residents and shall not be counted in 22 determining the ratios in subsections (b) and (c). 23 Section 4. Public right to staffing information and posting. 24 A long-term care nursing facility shall post for each wing 25 and floor of the facility and for each shift, the current number 26 of licensed and unlicensed nursing staff directly responsible 27 for resident care and the current ratios of residents to staff, 28 which show separately the number of residents to licensed 29 nursing staff and the number of residents to unlicensed nursing 30 staff. The information shall be posted for the most recently 20010S0306B0309 - 3 -
1 concluded cost reporting period in the form of average daily 2 staffing ratios for that period. The information must be posted 3 in a manner which is visible and accessible to all residents, 4 their families, caregivers and potential consumers in each 5 facility. 6 Section 5. Enforcement. 7 (a) Civil penalty for staffing violation.--The department 8 shall impose a civil penalty upon any facility that fails to 9 meet the staffing requirements set forth in section 3. The 10 penalty shall be imposed for each day on which the failure 11 occurs. 12 (b) Amount of penalty.--The amount of penalty in subsection 13 (a) shall be determined as follows: 14 (1) For deficiencies in staffing which constitute 15 immediate jeopardy to resident health or safety and for 16 repeat deficiencies when a monetary penalty has been 17 previously imposed, the amount of the penalty shall be not 18 less than $3,050 nor more than $10,000 for each day of such 19 failure. 20 (2) For deficiencies in staffing which do not constitute 21 immediate jeopardy to resident health or safety, the amount 22 of the penalty shall be not less than $50 nor more than 23 $3,000 for each day of such failure. 24 (c) Civil penalty for posting violation.--The department 25 shall impose a civil penalty upon any facility that fails to 26 meet the posting requirements set forth in section 4. The 27 penalty shall be in the amount of $100 for each day upon which 28 the facility fails to fully satisfy the posting requirements of 29 this act. 30 (d) Legal presumption.--In addition to the penalty set forth 20010S0306B0309 - 4 -
1 in subsections (a) and (b), in any action brought by or on 2 behalf of a resident of the facility, the resident's heirs, or 3 both, for negligent infliction of harm or lack of adequate care, 4 a failure to meet the staffing requirements of section 1 shall 5 be presumed a contributory cause of any injury sustained by a 6 resident. 7 Section 6. Effective date. 8 This act shall take effect in 60 days. A26L35BIL/20010S0306B0309 - 5 -