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. Nurses General Nursing Article

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 Cardiology.
16 hours ago, Mavnurse17 said:

Former cardiovascular PCU RN in TX here. Our ratios were "mandated" to be taken down from 1: 4-5 to 1:3 when we officially became a PCU, however most nights we were flexed up to 4 patients. Fine, but even our unit supervisors said our floor was an ICU without vents or ECMO. It wasn't uncommon to get a fresh heart transplant from ICU on multiple drips, a returning LVAD with multiple low-flow alarms, a total-care and high fall risk elderly patient, and a fresh CABG patient going into A-fib RVR at 2 am all in one shift. Management tried to spread the acuity among nurses, but sometimes our floor was just that sick.

Yes we got the numbers fixed, but does that still sound safe?

I work PCU but we aren't a true PCU. We dont take vents and we can have up to 5 patients on dayshift sometimes. LVADs are always 1:3 though which is nice. Then again it is a government facility so that's probably why they can get away with what they can.

9 hours ago, ArmyRntoMD said:

The main thing I like is my manager never rushes us out the door.

Well, that's the key IMO--not necessarily the issue of leaving/not leaving precisely on time, but the overall idea of letting people do what they need to do to cover the bases of taking good care of people. If you have that, you're set.

I've felt all along that it isn't necessarily the actual workload that has gotten worse, but the despicable hatefulness with which groups of nurses are treated in some places, particularly in recent years. I can do a lot and I can take a lot, but I reject this imposed damned-if-you-do this and damned-if-you-do that business.

Specializes in OB.
9 hours ago, ArmyRntoMD said:

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?

First, I'm a little puzzled by some of your statements. You state you make $29/hour base pay, and currently work PRN on the weekends, but you make 6 figures? Help me do the math on that...Or are you saying if you worked full time at your current job you'd make 6 figures? That would involve a ton of overtime, so that's pretty misleading if that's what you meant. What I think of as a good job on a step-down (I can't personally speak for ICU because I haven't worked it) involves fewer patients, a longer break, less critical patients, and a charge who never have patients. It involves nearly twice as much money per hour without overtime at all, in an area that is definitely not twice as expensive as Louisiana. I completely agree that a good manager can make all the difference wherever you are and legislation will never be able to make up for that!

All I'm saying is that your assertions that anyone who isn't satisfied with your working conditions is just being a lazy complainer, or that the conditions of your voluntary military service should be in any way compared to a nursing job, are illogical. I'm glad you're happy there, though.

I support safe staffing laws even though I recognize they aren't perfect and sometimes don't accomplish what they're meant to, because they are a step in the right direction. To me, the right direction is a working environment for all nurses where they have adequate staffing, adequate guaranteed breaks, fair PTO policies, and a voice at the table. We're not martyrs to a cause, we're human beings with a unique skill set that should be respected and we should be able to do our jobs, which are at times extraordinarily difficult, in a supportive environment. If you disagree, so be it.

Specializes in Critical Care.

That is what I made last year, my check will be much lower this year. I had to work in order to prepare for making so little. My point was that it can be done, even in a state with “low wages”

Ive been discussing this in depth with a friend of mine and I feel like I get where you guys are coming from. I was thinking about it from another angle, but no I do agree with you. Can an admin delete my posts on this thread, I apologize for taking a tangent.

Specializes in Critical Care.

Back on topic I am against staffing laws simply because I feel like they can screw us over more than help us. I feel like they could short us in other ways, or just make us work extra hours and not get incentive pay with mandatory overtime.

I am a recently retired RN. The staffing matrix was made by folks who #1 are NOT nurses and #2 sit in an office and have no clue what we do. I fought for literally years for better staffing for our unit. We didn't get three nurses until we had fifteen patients, which means that theoretically we could have 7 patients on a given shift. Technically, it called for 2 nurses and 2 aides at 14, 3 nurses and 2 aides at 15 on the day shift (7a-7p). There are never enough aides, and rarely enough nurses....so with a census of 14, sometimes we had 3 nurses, 1 aide....which is soooo very not fair to the poor aide! If you are any good at what you do....and will get off your butt and help the aide...and lord I know that so many of these new nurses think they are too good to go out and help.....what I am getting at is that in addition to charting every dang hour on your patients, you must go take them to the bathroom, make rounds and chart it.....do a damn long morning assessment.....sometimes pass trays and pass meds at the same time......stop to call kitchen because the "queen" patient in whatever room did not get toast on her tray......then PT tells you that so and so is NOT up and needs to be to go to therapy......and OT keeps the next one too long and blood sugar drops because they need to eat....and then again, you need to call kitchen because that one patient did not get what they wanted for breakfast, never mind that they did NOT order what they wanted or they ordered something that they can NOT have. And THIS is deemed SAFE! 8 OCLOCK meds are given at maybe 10....or 11.....because we get stopped......All of this is to say that we NEED mandatory laws.....Hospitals need to get their collective asses out of the office and onto the floor to see just exactly what we are dealing with. Make them safe. I am out of it now, but I wish nothing more than to make my "baby" nurses safe.

Specializes in Safe Staffing Advocate/Group.
On 1/6/2020 at 11:00 PM, morelostthanfound said:

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:(

AMEN... comparing the two is absolutely absurd and the acceptance of things that can and should be better as ok is what hurts patients. Studies show poor outcomes to patients from poor staffing. For anyone to defend the current unsafe staffing conditions because they have faced other Nobel but not relevant, to unsafe staffing situations, is more than misguided.

Specializes in Safe Staffing Advocate/Group.
On 1/6/2020 at 11:02 PM, ArmyRntoMD said:

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.

Safe staffing legislation is not just because nurses feel their job is too hard. A copious amount of research indeed shows that patient outcomes are related to the nurse-to-patient ratio. Readmissions, mortality, failure to rescue, infections, falls, I can go on.... have all been demonstrated in research to have an association. And research this past year has been documented to have a "casual relationship" fully linking the two. Nurses getting a better work environment (also demonstrated in research to have a negative effect on poor patient outcomes if the environment is poor) is a side effect of safe staffing legislation.

Nurses have been martyrs for decades. We need to say enough is enough, and actually advocate for our patients and the profession, as just accepting the status quo is not the best. And 29.00 for per-diem is horrible pay. Sincerely, thank you for serving, but your war experience is not comparable nor should be used as a measure to guilt people into accepting the status quo.

2 minutes ago, NursesTakeDC said:

Safe staffing legislation is not just because nurses feel their job is too hard. A copious amount of research indeed shows that patient outcomes are related to the nurse-to-patient ratio. Readmissions, mortality, failure to rescue, infections, falls, I can go on.... have all been demonstrated in research to have an association. And research this past year has been documented to have a "casual relationship" fully linking the two. Nurses getting a better work environment (also demonstrated in research to have a negative effect on poor patient outcomes) is a side effect of safe staffing legislation.

Nurses have been martyrs for decades. We need to say enough is enough and actually advocate for our patients and the profession as just accepting the status quo is not the best. And 29.00 for per-diem is horrible pay. Sincerely, thank you for serving, but your war experience is not comparable nor should be used as a measure to guilt people into accepting the status quo.

Said well-thank you. The most disturbing part of this post was the OP's cavalier attitude and his inability to appreciate the gravity and possible patient harm that can result from unsafe staffing ratios.

On 1/3/2020 at 8:25 PM, ArmyRntoMD said:

Why do we need to make laws? If you’re a nurse and a hospital is unsafe- quit. I quit an LTAC because we had up to 8 critically ill patients. I made a crap load lot of money to work there but decided my license wasn’t worth it

The place (Promise healthcare) went bankrupt two years later. We don’t need laws.

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The laws are for the protection of the patient. And how many hospital/LTC jobs can you quit if the whole state has unsafe staffing?

I would like to clarify for the author, that NJ does not have "safe staffing". We have a 1 RN to 3 patient regulation for the ICU from 1987. We have a regulation that requires hospitals to post ratios that are rounded up, every 24 hours. That census is done at 0000. Furthermore the hospitals' staffing is only posted on a quarterly basis on the DOH, and that tracking is pathetic.

For more information on the lack of safe staffing in nj visit njsaferatios.com or email me directly [email protected]

On 1/7/2020 at 10:44 AM, ArmyRntoMD said:

Back on topic I am against staffing laws simply because I feel like they can screw us over more than help us. I feel like they could short us in other ways, or just make us work extra hours and not get incentive pay with mandatory overtime.

Well that's where you are wrong. Most states have laws regarding overtime. So if that's happening, that is a labor law violation which is protected on the federal and most states have protections as well.

So do you work in CA? Just wondering?