Just Say “YES” to Nurse Staffing Laws

I wrote an article called Just Say “NO” to Nurse Staffing Laws in which I discussed why mandated nurse-to-patient ratios may not be such a good idea. In this article I present the case FOR staffing laws. Despite the financial side effects, saving lives should be our priority. A well-educated nursing workforce has the ability to bring about legislature with the flexibility to support patient and nurse safety.

In my Just Say "No" article, I listed the evidence from California against mandated nurse-to-patient ratios, the only state to have a safe staffing law. Despite a reduction in patient mortality, California hospitals are struggling with the cost burden of mandated ratios, and nurses are busier than ever, just not with direct patient care.

All you have to do is read the articles and comments posted on allnurses for a few minutes to confirm what you already suspect. We need some kind of change. A recent New York Times article reported on thousands of nurses on strike in California, Arizona, and Florida. They were striking for better patient care, improved working conditions and higher pay. Their No. 1 demand: better nurse-to-patient ratios. In a survey of nurses, only 20% felt staffing levels were safe.1

Rules and Regulations

Fourteen states currently have official regulations for staffing ratios: CA, CT, IL, MA, MN, NV, NJ, NY, OH, OR, RI, TX, VT, and WA. Seven states require nurse-driven staffing committees: CT, IL, NV, OH, OR, TX, WA. California is the only state with a law that requires minimum nurse to patient ratios to be maintained at all times by unit. Massachusetts passed a law specific to the ICU that requires a 1:1 or 1:2 nurse to patient ratio depending on stability of the patient. Minnesota requires a CNO or designee to develop a core staffing plan with input from other nurses, similar to Joint Commission standards. Five states require some form of disclosure and/or public reporting: IL, NJ, NY, RI, VT. New Mexico has asked stakeholders to recommend staffing standards to the legislature. The department of health will collect information about the hospitals that adopt recommended standards and report the cost of implementing oversight programs.2

Federal regulation 42CFR 482.23(b) requires with Medicare certification to "have adequate numbers of licensed registered nurses, licensed practical nurses, and other personnel to provide nursing care to all patients as needed. There must be supervisory and staff personnel for each department or nursing unit to ensure, when needed, the immediate availability of a registered nurse for bedside care of any patient." However, no figures are mandated. Each state determines how to meet the Medicare requirement.3

Illinois passed the Nurse Staffing by Patient Acuity Act in 2007. The Illinois Health and Hospital Association cites the law as sufficient for governing nurse staging. But the law isn’t enforceable. Though it requires a committee to be formed to make up staffing plans based on acuity, less than a third of respondents to a 2018 survey by Nurses Take DC said their hospital had a staffing committee. Of the hospitals that did, less than half include enough nurses, or committee recommendations weren’t followed.4

The Price of Nursing

I’m going to refute the argument that a shortage of nurses will cause hospitals to close units or limit services if mandatory ratios are enacted. At issue here is that there are plenty of nurses. In Arizona 37,000 licensed, active RNs are not currently working as nurses.5 Why is that? The issue isn’t that there aren’t enough nurses, the issue is how poorly nurses are treated. A survey in 2014 demonstrated that nearly 1 in 5 nurses leave the first job within a year, and 1 in 3 leave within the first two years.6

Nurse turnover costs hospitals a lot of money, so why wouldn’t they want to keep us happy? Because we are expensive. Nurses make up almost 40% of operating costs for healthcare facilities. Hospitals would prefer to find a less expensive way to improve patient outcomes.7

California paints a vivid picture of this problem. Critics of AB394 were concerned about its increased financial burden on hospitals, especially safety-net hospitals, to maintain a mandated ratio. Economists found that the mandated ratio resulted in financial pressure on hospitals and declining operating margins in CA hospitals compared with other states.8

Current Nurse-to-Patient Ratios

What is the national benchmark when it comes to nurse-patient staff ratios? Pinning down a specific number is hard to do, given the legal vagaries from state to state. California RN-to-Patient staffing ratios range anywhere from 1:2 in intensive/critical care, PACU and L&D, to 1:6 in postpartum women only, med surg and psychiatric.3

Aiken and colleagues found that in England, the average patient-to-nurse ratios for all hospitals was 8.6 but varied 5.6 patients-per-nurse to 11.5 patients per nurse. They found a similarly wide variation in patient-to-nurse ratios across hospitals in every country studied.9

The Evidence

In 2002, Aiken, Clarke, Sloane, Sochalski, and Silber found that adding an additional patient per nurse was associated with a 7%increase in the likelihood of dying within 30 days of admission and a 7% increase in death resulting from a complication.9

In 2007, Kane and colleagues conducted a meta-analysis of 28 studies. They found that increased RN staffing resulted in lower hospital mortality and adverse patient events. They hypothesized that patient and hospital characteristics, including the hospital commitment to quality care contributed to the causal pathway.10

In 2008, Aiken analyzed data from 10,184 nurses and 232,343 surgical patients in 168 Pennsylvania hospitals. When staffing ratios were optimized, nurses reported more positive job experiences and fewer concerns with care quality. Patients had significantly lower risks of death and failure to rescue in hospitals with better care environments.9

CMS began the Hospital Readmissions Reduction Program under the Affordable Care Act in 2012. At the time, researchers found that higher levels of RN staffing were associated with lower readmission rates.8

In a systematic review of 43 articles, Lang et al. (2013) showed better nurse staffing is associated with lower failure-to-rescue rates, lower inpatient mortality rates and shorter hospital stays.11

In 2018, Driscoll et al looked at 35 studies in a metareview and found higher staffing levels associated with reduced mortality, medication errors, ulcers, restraint use, infections, pneumonia, higher aspirin use and greater number of patients receiving percutaneous coronary intervention within 90 minutes. They looked at 175,755 patients from six studies and found that high nurse staffing levels decreased the risk of death in the hospital by 14%.12

Aiken has looked at patient outcomes in both California, which passed its ratio law in 1999, and Queensland, Australia, which passed one in 2015. She said the result for patients has been fewer complications, fewer infections, fewer injuries — and even lower mortality.9

The Solution

The American Nurses Association has a position statement on safe nurse staffing, stating, “We all agree that there should be safe staffing. Safe staffing is essential to patient and nurse satisfaction and for safe patient outcomes. What we need is evidence of what those safe staffing practices are. Eliminating unsafe practices will improve our healthcare system.” The ANA supports that appropriate staffing levels reduce mortality rates, length of patient stay, number of preventable events like falls and infections.7

The ANA states that fixed staffing levels are problematic. Staff levels should depend upon:

  • Patient complexity, acuity or stability.
  • Number of admissions, discharges and transfers.
  • Professional nurses’ and other staff members’ skill levels and expertise.
  • Physical space and layout of the nursing unit.
  • Availability of technical support and other resources.

The ANA supports a legislative model in which nurses create flexible staffing plans for their unit. What is needed is greater nurse involvement.

Take action by writing Congress to support safe staffing.

Share your story about being an everyday advocate with Janet Haebler, Senior Associate Director, State Government Affairs, [email protected], (301-628-5111).

You may also be interested in The Safe Patient Limits Act (H.R. 2581/S. 1357). This bill is currently sitting with committees in the senate and house. The bill sets limits on the number of patients a nurse can be assigned, depending on the hospital unit. Any facility that fails to comply could be subject to a fine of up to $25,000 for each day it is out of compliance. The bill factors in a plan for acuity adjustments that need to be made for patients and staffing. The goal of Nurses Take DC is to get the legislation passed to the Senate and House of Representatives where they can be put up for a YES vote. For more information, click NURSESTAKEDC.1


REFERENCES

1. NursesTakeDC

2. Update on nursing staff ratios

3. The Importance of the Optimal Nurse-to-Patient Ratio

4. Why mandated nurse-to-patient ratios have become one of the most controversial ideas in health care Tung, L. (Nov 29, 2019).

5. Nurses in Four States Strike to Push for Better Patient Care Ortiz, A. (Sept. 20, 2019).

6. Nearly 1-in-5 nurses leaves first job within a year, survey finds Becker’s Hospital Review (Sept 5, 2014).

7. American Nurses Association (n.d.). Nurse Staffing Crisis

8. Effects of Public Reporting Legislation of Nurse Staffing: A Trend Analysis deCordova, P. B. & Riman, K. (2019).

9. Aiken, L. H., Clarke, S. P., Sloane, D. M., Lake, E. T. & Cheney, T. (2018). Effects of Hospital Care Environment on Patient Mortality and Nurse Outcomes. Journal of Nursing Administration, 38(5), 223-229.

10. Kane, R. L., Shamliyan, T. A., Mueller, C., Duval, S. & Wilt, T. J. (2007). The Association of Registered Nurse Staffing Levels and Patient Outcomes. Medical Care, 45(12), 1195-1204.

11. Lang, T. A., Romano, P. S., Hodge, M., Kravitz, R. L. & Olsen, V. (2004). Nurse-Patient Ratios. The Journal of Nursing Administration, 34(7/8), 326-337.

12. Driscoll, A. et al. (2018). The effect of nurse-to-patient ratios on nurse-sensitive patient outcomes in acute specialist units: a systematic review and meta-analysis. European Journal of Cardiovascular Nursing, 17(1), 6-22.

Specializes in Critical Care.

But I live in Louisiana where we don’t have unions. How are we having it better without unions?

Specializes in OB.
30 minutes ago, ArmyRntoMD said:

But I live in Louisiana where we don’t have unions. How are we having it better without unions?

Better than whom? Can you describe your job a little? Rate of pay, hours, why you are so satisfied? Do they have break nurses? Great benefits or PTO? I've never worked there personally, but everyone I've ever known who has worked as a nurse anywhere in the Deep South has described it as nothing less than a hellhole, as evidenced by the massive number of travel nurses from the Deep South.

Specializes in Critical Care.

I have 2-4 pts, vented or non vented, no titrated drips. We have a 30 minute break. I’m a premed student so I am PRN. Staff nurse, 4 years exp. EPIC chatting which is nice. I don’t remember PTO exactly but no one complains about it, I was happy with it.

29.00 base pay,

incentive is 10.00 an hour extra (I get this every shift I pick up)

double incentive is 20.00 an hour extra (uncommon but not rare)

triple incentive is 30.00 (I’ve gotten three of these since I’ve worked here)

Time and a half for over 40 hours.

.50 for BSN

1.00 for PCCN

Charge takes 0-2 patients.

Full time nurses work 36 hrs a week. Self schedule, typically get what you request maybe a couple days have to be swapped to make it work. I work weekends only, to facilitate full time school.

Only complaint is some nurses complain about taking own vitals, (I don’t want a CNA taking my vitals anyway) and it is laid out like a medsurg floor and not an icu. Other than that, no real complaints.

Specializes in OB.
13 minutes ago, ArmyRntoMD said:

I have 2-4 pts, vented or non vented, no titrated drips. We have a 30 minute break. I’m a premed student so I am PRN. Staff nurse, 4 years exp. EPIC chatting which is nice. I don’t remember PTO exactly but no one complains about it, I was happy with it.

29.00 base pay,

incentive is 10.00 an hour extra (I get this every shift I pick up)

double incentive is 20.00 an hour extra (uncommon but not rare)

triple incentive is 30.00 (I’ve gotten three of these since I’ve worked here)

Time and a half for over 40 hours.

.50 for BSN

1.00 for PCCN

Charge takes 0-2 patients.

Full time nurses work 36 hrs a week. Self schedule, typically get what you request maybe a couple days have to be swapped to make it work. I work weekends only, to facilitate full time school.

Only complaint is some nurses complain about taking own vitals, (I don’t want a CNA taking my vitals anyway) and it is laid out like a medsurg floor and not an icu. Other than that, no real complaints.

To confirm---you're in ICU?

Specializes in Critical Care.

I mostly work PCU, but I do work various ICUs occasionally, SI, MI, NCCU, etc

On 1/4/2020 at 9:42 PM, ArmyRntoMD said:

The government is more corrupt than big business. If it weren’t for regulations, healthcare would be cheaper. For instance I could buy epipens en mass where they are cheap, and sell them for a small profit, making a big profit all said and done. Supplying people with cheaper epipens in thIs country. But there are regulations that prevent me from doing this. Regulations prevent undercutting. Undercutting is the key to a competitive, free market.

Without imposed governmental regulations, do you think the labor bosses of old would have voluntarily stopped the systematic exploitation of children in mines? What about the other innumerous, inhumane, and dangerous labor practices commonplace in our country during and following the Great Depression. While at work, when you enjoy your 30 minute lunch and 15 minute breaks, be grateful for governmental regulations!

Specializes in Critical Care.

Eh I usually don’t take an actual break. It gets me when people complain about nursing.

Try getting shot at and and blown up. Nursing is nothing like “kids working in a coal mine”. I honestly see many nurses as spoiled stepford wives. You want work hazard? Here you go. All for 35,000 a year...

Youll never catch me complaining about working as a nurse pulling six figures. It’s been a dream. No more crapping in an MRE bag because you can’t stop the HMMWV, no going to sick call because you’re hyponatremic after spending all day in 140+ degree heat, and not getting proper electrolytes.

Everyone thinks they’re getting the short end of the stick. Let’s just try being grateful?

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8 minutes ago, ArmyRntoMD said:

Eh I usually don’t take an actual break. It gets me when people complain about nursing.

Try getting shot and and blown up. Nursing is nothing like “kids working in a coal mine”. I honestly see many nurses as spoiled stepford wives. You want work hazard? Here you go. All for 35,000 a year...

Youll never catch me complaining about working as a nurse pulling six figures. It’s been a dream. No more crapping in an MRE bag because you can’t stop the HMMWV, no going to sick call because you’re hyponatremic after spending all day in 140+ degree heat, and not getting proper electrolytes.

Everyone thinks they’re getting the short end of the stick. Let’s just try being grateful?

A0A28E56-CA9C-414A-8744-1550A7F94025.jpeg 536D24A2-44BF-4522-82F2-0B406EB50004.jpeg

Wow! Unless I'm mistaken, you weren't drafted into military service but are voluntarily serving. Also, your immature, over the top machismo is only surpassed by your ignorance of the subject matter and quite frankly, I'm embarrassed for you:(

Specializes in Critical Care.

I’m just tired of people whining about a job acting like it’s so bad. My worst nursing day work wise (at an LTAC with 8 patients) wasn’t THAT bad. Sure it sucked, I was there 14 hours, but it really wasn’t THAT bad. “I didn’t get a break today! Oh no!”

Okay...?


The emotional strain is real. And dont get me wrong, nursing is one of the most honorable professions- but just do the job. That’s why we are respected as we are. You don’t complain you just get the damn job done. Whatever it takes.

Specializes in OB.

It's clear that you simply have rock bottom expectations from any job because you've served in the military, and think anyone who doesn't share your views is a snowflake or something. That's your issue, not ours. If you think 4 patients on a PCU, some of whom are vented, with 1 30 minute break and a charge who also takes patients is a good work environment, then knock yourself out. If a workplace with triple incentive to work overtime, meaning they have such crappy staffing that they constantly need to fill in holes, is good, then again, knock yourself out. The rest of us advocating for better staffing just aren't martyrs to some warped Ayn Rand-esque philosophies.

Specializes in Critical Care.

I’ll try to be opened minded. What is “not” bad? I’m thrilled to death to make six figures working inside, doing the work I do, in an area with a low cost of living.

Paint me a picture- what would a “good” floor with similar patient acuity be? I’m really not THAT busy. I have plenty of time to get everything done, review labs, get orders corrected, and updated, call and update family etc. There have literally been maybe 3 days in 4 years that have been like “God can this day end?!” The main thing I like is my manager never rushes us out the door. If it takes us 13-14 hours to get everything on a particularly rough day, that’s fine (rarely happens but still). I had one job (Promise LTAC) where are 7:30 the manager was tapping you on the shoulder asking if you were about to be leaving, because you were acruing incidental overtime. Lousy job. I quit, place went bankrupt maybe a year after.

And charge doesn’t always have patients. We call for 11 nurses when completely full, and we will somehow have at the very least 9.

Also- Why do people mind vent patients? Give me a vegetative trach vent any day. Much less required usually than that annoying walkie talkie that needs something constantly. I mean really, what do they need, some suctioning here and there? Maybe bust up a mucous plug once in a while? Turn Q2?

The ANA comment "Professional nurses’ and other staff members’ skill levels and expertise" comment sounds suspiciously like dumping more patients on more skilled nurses. Your hard work will once again be rewarded with even more hard work.