Highlights of the Law

a.   Background

On March 17, 2008, Every NJ  hospital (as well as nursing homes) must  provide patient care staffing levels to patients and the public, through posting, by request, and through  reporting to the NJ Department of Health and Senior Services (DHSS).

b.  Who is covered

·        all general hospitals (nursing homes already covered by federal law, but must now list the actual ratios in addition to FTEs)

·          staff covered: registered professional  “licensed practical

nurse,” “other licensed health care professionals,” “registered professional

nurse,” and “unlicensed assistive personnel” or “UAP.”

·        ,and unlicensed assistive personnel who provide and are directly responsible for patient care on a particular shift,and other licensed health care professionals” includes definitions of “physical therapist” and “respiratory care practitioner.”

c. What has to be reported

·        would require that for each inpatient unit, a general hospital count the number of patients and the number of staff based on hours worked for each category of direct patient care staff, excluding other licensed health care professionals,

·        report the average of the previous month’s daily number of staff

for each category of other licensed health care professionals.

d. How often does information have to be reported

·        by shift---  one hour before the end of each shift on each day of each month   

and monthly to dhss

e.  How ratios are calculated

·        calculated by dividing the total number of hours worked by each category of staff member by the number of hours in the shift. only staff that were actually present and providing direct patient care

f. What are patient/worker rights

·        to get information: -posting/ by request, in a visible location

which is accessible to patients and their families in each inpatient unit and in the emergency department waiting area and in the post-anesthesia care unit waiting area.

·        On dhss websites

And: language other than English is the exclusive language spoken by at least

10 percent of a general hospital’s patients, the staff posting forms shall be

translated into that language and the forms shall be posted in English and

the other language.

g. What are enforcement/violations/penalties

Licensing violations/fines