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Uncharted Waters
Nursing communities nationwide watch closely as California hospitals struggle to implement staffing ratio law

 
 
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The first of its kind in the nation, California’s nurse-to-patient ratio law is undergoing intense scrutiny from opponents and supporters alike—as well as from states considering similar proposals.

The enactment of California’s nurse-to-patient ratio law—the first of its kind in the nation—is undergoing some political birthing pains. Key questions are whether hospitals can find enough nurses or come up with creative solutions to meet staffing ratios “at all times,” including breaks and lunches, and whether they can afford the cost of hiring additional staff in times of financial uncertainty.

At least 28 other states are considering similar ratios with the backing of some nursing organizations, according to the National Conference of State Legislatures. Although none of the pending proposals has been put to a vote, ratios are most likely to be enacted in Massachusetts, New York, Florida, Michigan and Oregon.

Karen Higgens, RN, president of the Massachusetts Nursing Association, which has 22,000 members, said the group was backing a state legislative bill, HB 182, that would ensure quality care and safe RN staffing through improved RN-to-patient ratios similar to California.

The proposal calls for one nurse for every four patients in medical/surgical units, where most patient care takes place, whereas California requires a 1-to-6 nurse-to-patient ratio this year, and a 1-to-5 ratio in 2005.

In emergency departments, the Massachusetts bill asks for a 1-to-1 up to a 1-to-3 ratio depending on the severity of the patient’s conditions. Ratios would be 1-to-1 in labor and 1-to-2 for intensive care units.

Charles Stefanini, director of legal and government affairs for the Massachusetts association, said the bill is supported by a majority of the state’s legislators and more than 200 advocacy groups. “Things look promising and the law could be passed here before the legislative session ends in July,” he said.

Although many large hospital systems in California were prepared to meet the minimum nurse staffing ratios when the mandate took effect Jan. 1, other acute care facilities have scrambled to comply in the face of a statewide nursing shortage. Some otherssmaller hospitals with budget deficits—have sought waivers because of their difficulty in meeting ratios, which get tougher next year.

Kaiser Permanente, for example, met or exceeded the nursing ratios in 2003 in its 27 California hospitals, voluntarily adopting a 1-to-4 nurse-to-patient ratio in all medical and surgical units by investing nearly $200 million to recruit and hire 1,300 new nurses. Another model of compliance is the University of California, Davis Health System, where most nursing units are fully staffed and even have waiting lists of RNs seeking jobs.

Although some large facilities have fared well, the implementation of ratios has been “pretty rough” for most hospitals in California, said Barbara Patton, a senior vice president of The Camden Group, which specializes in hospital operations, management and nursing services.

“Most of the hospitals we’ve worked with have had to tighten their belts and look at ways to effectively provide care under the new guidelines,” Patton said. “This sometimes entails cutbacks in services. Because of the severe nursing shortage, even if they want to hire nurses, there are very few available.”

 

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