Nurse Staffing Ratios Up for Public Decision? Ballot 1 in MA

Massachusetts will be the second state in the United States to put a vote to a mandated nurse staffing ratio, behind California in 2004. This ballot support and opposition has been highly contentious and this vote may set a precedence for other states to support a similar law. The ballot measures are very strict, and the general public seem to be very confused as to the impact of the law on healthcare in the state of Massachusetts as a whole. Nurses Announcements Archive

Published

The ballot question 1 in Massachusetts (Nurse Patient Assignments Limit Initiative) which will be voted upon November 2018 was designed to establish patient assignment limits for registered nurses working in hospitals, with limits determined by the type of unit or patient with whom a nurse is working, and the maximum numbers of patients assigned would apply at all times. Massachusetts is a hub for medical advancement. In Boston specifically, there are 6 major medical centers within a few feet of one another. Most are teaching hospitals of Harvard University, so staffing, technology, and innovation to support patients and safety are at the forefront of care. Despite that, there has been a push by the Massachusetts Nurses Association (a union) to enact a similar law for over 20 years. It was brought as a ballot question in 2014 but tabled after allowing for a change in ICU staffing ratios (which showed no change in patient mortality or complications, in a study from Beth Israel Deaconess Medical Center). Now it's more stringent and on the ballot for November 2018.

Why does this ballot question face so much opposition? It seems like more nurses is a good thing, right? No one disagrees that nurses are good, and its beneficial for us to take care of our patients. That being said, attached to this proposed bill is not only tighter staffing ratios than California, a 37-day window to comply (to which California had five years), but there is also a $25,000 fine for each time there is not that exact nursing ratio on the unit. The fine doesn't seem like a big deal: staff appropriately or get a fine, right? What happens when staff call out because they are sick? If you can't find coverage to make a 1:4 ratio on the Med Surg floor, hospitals get hit with a fine, and many of them, especially the smaller hospitals, do not have the money to pay. What about leaving the unit for a lunch break, or getting coffee? Not if it means the nursing ratio will be off for any period of time. Shared governance or interdisciplinary meetings? Sorry, you will have to schedule those on your days off. Because of the quick turnaround time to become compliant, and the few numbers of nurses in MA, any resource staff, unit based educators, and/or clinical nurse specialists will be pulled into staffing. There will not be anyone extra to help and "cover" a patient for a quick break. In California, the law allowed for Licensed Practicing Nurses (LPNs) to be hired to assist with upstaffing, but not in MA; RNs only. Differences also include that MA law has higher RN numbers to start and the bill in MA has a prohibition against reducing levels of other healthcare workers (CA did not). MA does not allow any exemptions, whereas in CA 25 hospitals sought and obtained an exemption from the law.

These fines, threats of fines, and immediate need to upstaff is going to cause numerous hospitals outside of the metro Boston area to close. This will limit access to care, longer drives for patients from the suburbs, and longer wait times to get care (fewer hospitals and services,) shunting everyone into the city. Those hospitals will have the same patient ratio limitations and will be unable to open and further ambulatory services. Currently, according to the 2017's Best & Worst States for Healthcare Massachusetts is ranked #9 overall for Best hospitals (#1 being the best), with California ranked at #25, despite these ratio laws being fully compliant since 2009. Furthermore, Massachusetts has a current ranking of #3 for access to care, meaning access to healthcare is readily available throughout the state. California is ranked #48, meaning the public has less access to healthcare. It's pretty telling that despite making nursing ratios legally required, the state of California has not improved the patients access to care and their overall satisfaction with care.

On top of the other concerns with this bill, the "at all times" language, which requires ratios to be the exact same, day and night, doesn't allow for nurses to use their clinical judgment at all when taking care of patients throughout the day. If I have 4 patients, 3 of which are ready for discharge, I cannot take a new PACU admission to help out the unit. A nurse who may have three heavy patients, one requiring a Rapid Response and eventual transfer to the unit, may have to take that patient, or it negatively impacts throughput and the patient has to sit and back up the PACU waiting until someone can admit them. That scenario may seem extreme, but it is something staff face every day, and if I am willing to take that extra patient to support my colleagues and support patient care, my hospital can be fined $25,000? That makes no sense. However, it is the reality of this bill. 4 patients in a Boston hospital at night, is a very different assignment from one of the community hospitals, yet they require the same exact staffing? That doesn't add up.

The general population of MA is being asked to vote on a bill without any knowledge of how healthcare works as whole. This is not to say lay people don't understand good care, they are our customers and they deserve the safest and best care possible and their input is invaluable. However, they do not know how to run a hospital, how it is budgeted, how we currently run staffing matrix, and what this bill means not only to their care but the state of Massachusetts. It has been estimated it will cost the state $1.3billion to become compliant with the thousands of new RN positions (most Boston hospitals only hire BSN level nurses, which will no longer be possible). It is an estimated $900million annually to maintain these new staffing ratios, without any revenue to the state, and more headaches and difficulty for the public to access care. No other field asks laypeople to make a decision on how they guide their business/care (think Medicine). It is bad policy-making for nurses to do the same; we all believe that highly trained nurses at the bedside, with an appropriate number of patients, benefits not only patients but the work/life balance of our staff. This bill is not the way to do it. We don't want hospitals to close, and patients to have to search for care. We want the best care possible for all of the residents of Massachusetts, and eventually, all patients in all states, as this will set a precedence for mandated ratios in all states in the future!

Specializes in Surgery,Critical Care,Transplant,Neuro.
The reason hospitals exist and get paid is to provide patient care, to do this properly an appropriate number of nurses are required, so the argument that having to provide an appropriate number of nurses interfere's with a hospitals ability to fulfill it's purpose is absurd.

And you're correct that some hospitals may not be able to compete given these requirements, particularly for-profit hospitals, but that's the point of a competitive market healthcare system,

So you think that we should decrease access to healthcare, and despite our #5 ranking nationally in MA for quality/cost/access to healthcare, and beef up staffing in certain areas, without increasing beds, and hope that care is improved, despite no literature to support this measure? And actually literature supports having BSN educated nurses, and that BSN only staff have decreased morbidity & mortality rates, however due to the quick need to increase RN numbers, MA hospitals (which many are BSN only) will have to throw that out the window, to possibly improve patient care? The ratios made absolutely n change in M&Ms for ICU patients.

The fine is UP to $25,000 for being out of ratio.

I work for a for profit major hospital in MA and unionized. I'm voting YES. It might not do much for my hospital but for the local small hospitals whose CEOs like to use scare tactics saying they'll close. No they won't. Stop abusing your staff to fill your pockets.

Specializes in Surgery,Critical Care,Transplant,Neuro.
They want you to believe they can't but they absolutely can. They can afford to pay their CEOs 6 figure bonuses. I can count on one hand the number of times I took care of 5 pediatric patients in the night shift when I worked in the hospital (and the times I did the charge nurse had no assignment but could have easily taken a patient or 2) and the hospital I worked for, which is also vehemently opposed to the law, would have almost 0 effect from it. There is not a single floor I can think of where nurses regularly take more than 4 patients, ever.

Here's a report from a professor at my alma mater that shows that the costs of the law are actually much less than the opposition would like us to believe:

https://safepatientlimits.org/wp-content/uploads/Shindul-Rothschild-Estimated-Massachusetts-Hospital-Costs.pdf

That is also my alma mater, and she is running straight staffing numbers and not taking into account overhead of hospitals- they need money for outlier services (linens, IS support, etc.) as well as building maintenance, equipment replacement, bed replacements, etc. You can't run a hospital "even" especially considering the delay of insurance and medicare/medicaid reimbursements because just like in your own life, bills need to get paid, no matter when you are given money owed. AS well, she isn't taking in account the need (and cost) for travel RNs that will most likely fill the gaps while hospitals are up staffing and on boarding new hires.

CEOs at most of the major hospitals don't get bonuses and it is all publicly reported....I haven't been able to find these salaries and bonuses folks keep referring to?

The bottom line: Everyone wants safe and affordable care to the residents of MA, I am not sure that this should lie in the hands of lay people, considering that all nurses don't even agree on most parts of the proposed bill.

Specializes in Critical Care.
So you think that we should decrease access to healthcare, and despite our #5 ranking nationally in MA for quality/cost/access to healthcare, and beef up staffing in certain areas, without increasing beds, and hope that care is improved, despite no literature to support this measure? And actually literature supports having BSN educated nurses, and that BSN only staff have decreased morbidity & mortality rates, however due to the quick need to increase RN numbers, MA hospitals (which many are BSN only) will have to throw that out the window, to possibly improve patient care? The ratios made absolutely n change in M&Ms for ICU patients.

There is a wealth of literature that shows excessive workloads lead to poorer patient outcomes, this is from a number of studies that use a variety of sampling and measuring techniques. More patients per nurse results in poorer outcomes from broader endpoints such as morbidity and mortality to more specific measures such as CAUTI, CLASBI, failure to rescue, etc.

There is actually no evidence that shows using current graduates from ADN programs produce poorer outcomes than current BSN graduates. There is evidence that the larger differences between ADN and BSN curriculums that used to exist resulted in measurably different outcomes, but in the shift towards a unified curriculum that has occurred since then, there is no reason to believe that hospitals expanding their nursing workforce by hiring ADN graduates would translate to poorer patient outomes.

Specializes in Pedi.

CEOs at most of the major hospitals don't get bonuses and it is all publicly reported....I haven't been able to find these salaries and bonuses folks keep referring to?

Partners CEO tops hospital pay list - The Boston Globe

Partners HealthCare's chief executive, Dr. David Torchiana, topped the list of executives at the state's largest nonprofit hospitals who received sizable pay raises in 2015, according to their most recent public filings.

Torchiana, who oversees the state's largest health system and largest private employer, earned nearly $4.3 million in total compensation. That includes a base salary of about $1.9 million, plus bonuses and retirement benefits.

https://www.bizjournals.com/boston/news/2018/08/15/these-mass-hospital-executives-have-received-the.html

Nonprofit? Really? Big Salaries For Chiefs At Mass. Charitable Hospitals, Health Plans | CommonHealth

Curious how much you were paid to post this to "infiltrate" nurse based social media. Yawn. Whoever your marketing lead is needs to find some new tricks.

Specializes in school nurse.

Judging by your professional credentials, you don't do the work that is affected by poor staffing. (Does a CNS get 8 patients on med-surg including 2 discharges and 1 admission?)

It leads me to believe that like the ANA (too heavily weighed with paper-pushing non-direct care nurses and management) that you might be a little too divorced from the reality of the issue.

Specializes in Surgery,Critical Care,Transplant,Neuro.
Curious how much you were paid to post this to "infiltrate" nurse based social media. Yawn. Whoever your marketing lead is needs to find some new tricks.

That's nice that you think I have a marketing team and am a professional writer :) just a nurse for 16 years with a passion for not only our profession but educating the general public on all things related to healthcare.

Specializes in Surgery,Critical Care,Transplant,Neuro.
Judging by your professional credentials, you don't do the work that is affected by poor staffing. (Does a CNS get 8 patients on med-surg including 2 discharges and 1 admission?)

It leads me to believe that like the ANA (too heavily weighed with paper-pushing non-direct care nurses and management) that you might be a little too divorced from the reality of the issue.

Well, you're right and wrong. I'm not a "paper

Pusher" I do have clinical responsibilities....at the bedside...but I'm not a med surg nurse.

I also don't appreciate personal attacks and judgements against me for educating the general public and other nurses as to the rigidity of the bill

I appreciate your read!

Specializes in Nephrology, Cardiology, ER, ICU.

I'm in a state where we use acuity tools to determine the staffing matrix. This too is fraught with issues - it can be skewed anyway you want it to be.

Best wishes to all the MA nurses...

The fine doesn't seem like a big deal: staff appropriately or get a fine, right? What happens when staff call out because they are sick? If you can't find coverage to make a 1:4 ratio on the Med Surg floor, hospitals get hit with a fine, and many of them, especially the smaller hospitals, do not have the money to pay. What about leaving the unit for a lunch break, or getting coffee? Not if it means the nursing ratio will be off for any period of time. Shared governance or interdisciplinary meetings? Sorry, you will have to schedule those on your days off. Because of the quick turnaround time to become compliant, and the few numbers of nurses in MA, any resource staff, unit based educators, and/or clinical nurse specialists will be pulled into staffing. There will not be anyone extra to help and "cover" a patient for a quick break.

Bottom line: When they want to do something they always find a way. Should we wring our hands in despair because the "way they find" is often to ratchet down something nursing-related and that's just not going to be the easy answer this time around?

The "you won't be able to get a break or go to a meeting" arguments are not accurate. The people who are supposed to be actively taking care of sick patients shouldn't be off the unit in meetings, anyway. And breaks will have to be covered so that the patients are cared for (not just "watched") and "the workers" get to eat - - both. I'm sorry but these types of protestations sound foolish because reality is that this law would simply make it so that patients aren't expected to be left minimally-attended any more. If your warnings do come to fruition, it will be because of petulant and vengeful actions by hospitals after staffing ratios are in place so that they can say "I told you so" - - not because the law "forces" any of that behavior.

Hospitals have had the option to never have to worry about potential consequences of poor staffing (like fines) for...ever; it just would've involved doing the right thing at some point, that's all. They've pushed (and pushed well past) the limits to the point that now their decision-making options should be limited since they have proven they won't provide excellent nursing care to patients without being forced to. They are fond, rather, of the appearance of providing good care.

On top of the other concerns with this bill, the "at all times" language, which requires ratios to be the exact same, day and night, doesn't allow for nurses to use their clinical judgment at all when taking care of patients throughout the day. If I have 4 patients, 3 of which are ready for discharge, I cannot take a new PACU admission to help out the unit. A nurse who may have three heavy patients, one requiring a Rapid Response and eventual transfer to the unit, may have to take that patient, or it negatively impacts throughput and the patient has to sit and back up the PACU waiting until someone can admit them. That scenario may seem extreme, but it is something staff face every day, and if I am willing to take that extra patient to support my colleagues and support patient care, my hospital can be fined $25,000? That makes no sense. However, it is the reality of this bill. 4 patients in a Boston hospital at night, is a very different assignment from one of the community hospitals, yet they require the same exact staffing? That doesn't add up.

That is not the reality. This isn't going to hamper anyone's clinical judgment. I'm surprised you can't think of any solution for your 3-patients-ready-for-discharge scenario --- How about you give one of those patients to your coworker who had to worry about the RR, and then you will be free to take the PACU patient. Problem solved. Catastrophizing about this is a demonstration of purposeful lack of thinking. It's disingenuous.

According to you the community hospitals will close, so you don't have to worry about whether their assignment is easier than an urban-practicing RN's or not.

The general population of MA is being asked to vote on a bill without any knowledge of how healthcare works as whole. This is not to say lay people don't understand good care, they are our customers and they deserve the safest and best care possible and their input is invaluable. However, they do not know how to run a hospital, how it is budgeted, how we currently run staffing matrix, and what this bill means not only to their care but the state of Massachusetts. It has been estimated it will cost the state $1.3billion to become compliant with the thousands of new RN positions (most Boston hospitals only hire BSN level nurses, which will no longer be possible). It is an estimated $900million annually to maintain these new staffing ratios, without any revenue to the state, and more headaches and difficulty for the public to access care. No other field asks laypeople to make a decision on how they guide their business/care (think Medicine). It is bad policy-making for nurses to do the same; we all believe that highly trained nurses at the bedside, with an appropriate number of patients, benefits not only patients but the work/life balance of our staff. This bill is not the way to do it. We don't want hospitals to close, and patients to have to search for care. We want the best care possible for all of the residents of Massachusetts, and eventually, all patients in all states, as this will set a precedence for mandated ratios in all states in the future!

The general public does know that no nurse has 5 minutes at a time to care about their actual needs when they're stuck in an acute care bed. Yes, that is a slight exaggeration - but they certainly do see us racing from task to task, no time for nursing surveillance or purposeful critical thinking or things like....having a real conversation (nevermind a therapeutic one). Parroting "I have the time!" doesn't change that; it just makes nurses feel worse for lying and patients distrust everything about their healthcare because they can see right through it.

You are upset at not being allowed to utilize LPNs the way Cali did, but the thought of having to utilize ADNs is part of your argument of how wrong this is. I would say that's a bit problematic.

Does anyone making insane excuses for the business of medicine ever plan on being a patient?

My dear Bridgid, you could not sound more elementary on this issue if you tried. Regurgitating to us the same scare tactics that corporate interest groups have created in an attempt to dissuade voters and protect their profits isn't going to get you far around here.

"The general population of MA is being asked to vote on a bill without any knowledge of how healthcare works as whole".

With that flawed logic you can make the argument that the public shouldn't vote on anything that doesn't have to do with taking a dump or breathing - activities we all do.

The figure from the report produced by a paid consulting agency that you're referencing is grossly inflated.

Stick to your day job. That is of course unless this is what you do during the day. In that case, stick to your overnight call room.

+ Add a Comment