| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | ||
| 2 | 2 | ||
| 3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
| 4 | 4 | [Brackets] indicate matter deleted from existing law. | |
| 5 | - | Underlining indicates amendments to bill. | |
| 6 | - | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
| 7 | - | amendment. | |
| 8 | 5 | *hb1194* | |
| 9 | 6 | ||
| 10 | 7 | HOUSE BILL 1194 | |
| 11 | 8 | J1, J3 4lr2175 | |
| 12 | 9 | CF SB 1020 | |
| 13 | 10 | By: Delegates White Holland, Acevero, Bagnall, Charkoudian, Guzzone, Hill, | |
| 14 | 11 | S. Johnson, R. Lewis, Martinez, McCaskill, Taveras, Turner, and Vogel | |
| 15 | 12 | Introduced and read first time: February 8, 2024 | |
| 16 | 13 | Assigned to: Health and Government Operations | |
| 17 | - | Committee Report: Favorable with amendments | |
| 18 | - | House action: Adopted | |
| 19 | - | Read second time: March 7, 2024 | |
| 20 | 14 | ||
| 21 | - | ||
| 15 | + | A BILL ENTITLED | |
| 22 | 16 | ||
| 23 | 17 | AN ACT concerning 1 | |
| 24 | 18 | ||
| 25 | - | Hospitals – Patient’s Bill of Rights Training and Clinical Staffing Committees 2 | |
| 26 | - | and Plans – Establishment 3 | |
| 27 | - | (Safe Staffing Act of 2024) 4 | |
| 19 | + | Hospitals – Clinical Staffing Committees and Plans – Establishment 2 | |
| 20 | + | (Safe Staffing Act of 2024) 3 | |
| 28 | 21 | ||
| 29 | - | FOR the purpose of requiring each hospital certain hospitals licensed in the State to 5 | |
| 30 | - | establish and maintain a clinical staffing committee and to implement a clinical 6 | |
| 31 | - | staffing plan; requiring each clinical staffing committee to develop a clinical staffing 7 | |
| 32 | - | plan; requiring that an administrator of a hospital, under certain circumstances, 8 | |
| 33 | - | provide certain training regarding the patient’s bill of rights by contracting with a 9 | |
| 34 | - | third party; requiring the Health Services Cost Review Commission to conduct 10 | |
| 35 | - | investigations regarding alleged violations of certain provisions of this Act; 11 | |
| 36 | - | authorizing the Health Services Cost Review Commission to take certain actions if 12 | |
| 37 | - | the Commission determines a violation has occurred; and generally relating to 13 | |
| 38 | - | hospitals and clinical staffing committees and plans. 14 | |
| 22 | + | FOR the purpose of requiring each hospital licensed in the State to establish and maintain 4 | |
| 23 | + | a clinical staffing committee and to implement a clinical staffing plan; requiring the 5 | |
| 24 | + | Health Services Cost Review Commission to conduct investigations regarding 6 | |
| 25 | + | alleged violations of certain provisions of this Act; authorizing the Health Services 7 | |
| 26 | + | Cost Review Commission to take certain actions if the Commission determines a 8 | |
| 27 | + | violation has occurred; and generally relating to hospitals and clinical staffing 9 | |
| 28 | + | committees and plans. 10 | |
| 39 | 29 | ||
| 40 | - | BY adding to | |
| 41 | - | Article – Health – General | |
| 42 | - | Section 19–388 through 19–398 to be under the new part “Part XII. Clinical Staffing | |
| 43 | - | Committees and Plans” | |
| 44 | - | Annotated Code of Maryland | |
| 45 | - | (2023 Replacement Volume) | |
| 30 | + | BY adding to 11 | |
| 31 | + | Article – Health – General 12 | |
| 32 | + | Section 19–388 through 19–398 to be under the new part “Part XII. Clinical Staffing 13 | |
| 33 | + | Committees and Plans” 14 | |
| 34 | + | Annotated Code of Maryland 15 | |
| 35 | + | (2023 Replacement Volume) 16 | |
| 46 | 36 | ||
| 47 | - | BY repealing and reenacting, with amendments, 21 | |
| 48 | - | Article – Health – General 22 2 HOUSE BILL 1194 | |
| 37 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17 | |
| 38 | + | That the Laws of Maryland read as follows: 18 | |
| 39 | + | ||
| 40 | + | Article – Health – General 19 | |
| 41 | + | ||
| 42 | + | 19–386. RESERVED. 20 | |
| 43 | + | ||
| 44 | + | 19–387. RESERVED. 21 | |
| 45 | + | ||
| 46 | + | PART XII. CLINICAL STAFFING COMMITTEES AND PLANS. 22 | |
| 47 | + | 2 HOUSE BILL 1194 | |
| 49 | 48 | ||
| 50 | 49 | ||
| 51 | - | Section 19–342(c)(4) 1 | |
| 52 | - | Annotated Code of Maryland 2 | |
| 53 | - | (2023 Replacement Volume) 3 | |
| 50 | + | 19–388. 1 | |
| 54 | 51 | ||
| 55 | - | | |
| 56 | - | ||
| 52 | + | (A) IN THIS PART THE FOLLOWING WORDS HAVE THE MEANING S 2 | |
| 53 | + | INDICATED. 3 | |
| 57 | 54 | ||
| 58 | - | Article – Health – General 6 | |
| 55 | + | (B) (1) “ANCILLARY MEMBER OF T HE FRONTLINE TEAM ” MEANS AN 4 | |
| 56 | + | INDIVIDUAL WHOSE PRIMARY DUTIES IN CLUDE SUPPORTING INDIVIDUALS WHO 5 | |
| 57 | + | PROVIDE DIRECT PATIENT CARE . 6 | |
| 59 | 58 | ||
| 60 | - | ||
| 59 | + | (2) “ANCILLARY MEMBER OF T HE FRONTLINE TEAM ” INCLUDES: 7 | |
| 61 | 60 | ||
| 62 | - | (A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 8 | |
| 63 | - | INDICATED. 9 | |
| 61 | + | (I) DIETARY WORKERS ; 8 | |
| 64 | 62 | ||
| 65 | - | (2) “CLINICAL STAFFING COM MITTEE” MEANS A COMMITTEE 10 | |
| 66 | - | ESTABLISHED BY A HOS PITAL IN ACCORDANCE WITH SUBSECTION (C) OF THIS 11 | |
| 67 | - | SECTION. 12 | |
| 63 | + | (II) PATIENT CARE TECHNICI ANS; AND 9 | |
| 68 | 64 | ||
| 69 | - | ( | |
| 70 | - | ||
| 65 | + | (III) OTHER NONLICENSED STA FF ASSISTING WITH PA TIENT 10 | |
| 66 | + | CARE. 11 | |
| 71 | 67 | ||
| 72 | - | (B) THIS SECTION DOES NOT APPLY TO STATE HOSPITALS . 15 | |
| 68 | + | (C) “CLINICAL STAFFING COM MITTEE” MEANS THE COMMITTEE 12 | |
| 69 | + | ESTABLISHED BY A HOSPITAL IN ACC ORDANCE WITH § 19–390 OF THIS SUBTITLE. 13 | |
| 73 | 70 | ||
| 74 | - | (C) EACH HOSPITAL LICENSE D UNDER THIS TITLE S HALL ESTABLISH AND 16 | |
| 75 | - | MAINTAIN A CLINICAL STAFFING COMMITTEE T HAT HAS EQUAL MEMBER SHIP FROM 17 | |
| 76 | - | MANAGEMENT AND EMPLO YEES. 18 | |
| 71 | + | (D) “CLINICAL STAFFING PLA N” MEANS THE PLAN REQUI RED TO BE 14 | |
| 72 | + | DEVELOPED UNDER § 19–391 OF THIS SUBTITLE. 15 | |
| 77 | 73 | ||
| 78 | - | (D) EACH CLINICAL STAFFI NG COMMITTEE SHALL D EVELOP A CLINICAL 19 | |
| 79 | - | STAFFING PLAN FOR TH E HOSPITAL THAT ESTA BLISHES THE APPROPRI ATE NUMBER 20 | |
| 80 | - | OF CLINICIANS NEEDED TO ADMINISTER QUALIT Y HEALTH CARE BY SET TING. 21 | |
| 74 | + | (E) “COMMISSION” MEANS THE HEALTH SERVICES COST REVIEW 16 | |
| 75 | + | COMMISSION ESTABLISHE D UNDER SUBTITLE 2 OF THIS TITLE. 17 | |
| 81 | 76 | ||
| 82 | - | (E) (1) WHEN DEVELOPING A CLI NICAL STAFFING PLAN , THE CLINICAL 22 | |
| 83 | - | STAFFING COMMIT TEE SHALL ESTABLISH , BASED ON THE PATIENT POPULATION OF 23 | |
| 84 | - | THE HOSPITAL: 24 | |
| 77 | + | (F) “UNFORESEEABLE EMERGEN CY CIRCUMSTANCE ” MEANS: 18 | |
| 85 | 78 | ||
| 86 | - | (I) SUGGESTED GUIDELINES OR RATIOS, MATRICES, OR GRIDS 25 | |
| 87 | - | INDICATING HOW MANY PATIENTS SHOULD BE A SSIGNED TO EACH REGI STERED 26 | |
| 88 | - | NURSE BY UNIT OR SET TING; AND 27 | |
| 79 | + | (1) AN OFFICIALLY DECLARE D NATIONAL , STATE, OR LOCAL 19 | |
| 80 | + | EMERGENCY ; 20 | |
| 89 | 81 | ||
| 90 | - | (II) THE NUMBER OF REGISTERED NURSES , LICENSED 28 | |
| 91 | - | PRACTICAL NURSES , CERTIFIED NURSING AS SISTANTS, CERTIFIED MEDICINE 29 | |
| 92 | - | TECHNICIANS, ENVIRONMENTAL SERVIC E WORKERS, AND ANCILLARY MEMBER S OF 30 | |
| 93 | - | THE DIRECT CARE TEAM THAT SHOULD BE PRESE NT ON EACH UNIT DURI NG EACH 31 | |
| 94 | - | SHIFT. 32 | |
| 82 | + | (2) AN EVENT THAT CAUSES A HOSPITAL TO ACTIVA TE THE 21 | |
| 83 | + | HOSPITAL’S DISASTER PLAN; OR 22 | |
| 84 | + | ||
| 85 | + | (3) A NATURAL OR MANMADE D ISASTER OR CATAS TROPHIC EVENT 23 | |
| 86 | + | THAT IMMEDIATELY AFF ECTS OR INCREASES THE NEE D FOR HEALTH CARE 24 | |
| 87 | + | SERVICES. 25 | |
| 88 | + | ||
| 89 | + | 19–389. 26 | |
| 90 | + | ||
| 91 | + | THIS PART MAY NOT BE CONSTRUED TO : 27 | |
| 95 | 92 | HOUSE BILL 1194 3 | |
| 96 | 93 | ||
| 97 | 94 | ||
| 98 | - | ( | |
| 99 | - | ||
| 100 | - | ||
| 95 | + | (1) REPLACE OR SUPPLANT A NY COMPLAINT MECHANI SM 1 | |
| 96 | + | ESTABLISHED BY A HOS PITAL, INCLUDING ANY COMPLA INT MECHANISM DESIGN ED 2 | |
| 97 | + | TO COMPLY WITH ANY E XISTING FEDERAL , STATE, OR LOCAL LAWS ; 3 | |
| 101 | 98 | ||
| 102 | - | ( | |
| 103 | - | ||
| 104 | - | ||
| 99 | + | (2) LIMIT OR SUPPLANT THE RIGHTS OF EMPLOYEES OR THEIR 4 | |
| 100 | + | EXCLUSIVE REPRESENTATIVES TO E NFORCE RIGHTS CONFER RED UNDER THE 5 | |
| 101 | + | TERMS OF A COLLECTIV E BARGAINING AGREEME NT; OR 6 | |
| 105 | 102 | ||
| 106 | - | (1) EVALUATE THE EFFECTIV ENESS OF THE CLINICA L STAFFING 7 | |
| 107 | - | PLAN DURING THE IMME DIATELY PRECEDING YE AR; AND 8 | |
| 103 | + | (3) AFFECT MORE STRINGENT STANDARDS IN FEDERAL OR STATE 7 | |
| 104 | + | LAW OR REGULATION OR THE TE RMS OF AN APPLICABLE COLLECTIVE BARGAININ G 8 | |
| 105 | + | AGREEMENT . 9 | |
| 108 | 106 | ||
| 109 | - | (2) UPDATE THE CLINICAL S TAFFING PLAN TO ENSU RE THAT THE 9 | |
| 110 | - | CLINICAL STAFFING PL AN CONTINUES TO BE A PPROPRIATE A ND EFFECTIVE. 10 | |
| 107 | + | 19–390. 10 | |
| 111 | 108 | ||
| 112 | - | (G) A HOSPITAL SHALL PROVI DE ITS CLINICAL STAF FING PLAN ON 11 | |
| 113 | - | REQUEST. 12 | |
| 109 | + | (A) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, ON OR 11 | |
| 110 | + | BEFORE JANUARY 1, 2025, EACH HOSPITAL LICENS ED UNDER THIS TITLE SHALL 12 | |
| 111 | + | ESTABLISH AND MAINTA IN A CLINICAL STAFFI NG COMMITTEE. 13 | |
| 114 | 112 | ||
| 115 | - | 19–342. 13 | |
| 113 | + | (2) A HOSPITAL MAY COMPLY WITH THE REQU IREMENT UNDER 14 | |
| 114 | + | PARAGRAPH (1) OF THIS SUBSECTION B Y ASSIGNING THE DUTIES OF A CLINICAL 15 | |
| 115 | + | STAFFING COMMITTEE TO AN EXISTING COMMITTEE IN THE HOS PITAL THAT MEETS 16 | |
| 116 | + | THE REQUIREMENTS OF SUBSECTION (B) OF THIS SECTION. 17 | |
| 116 | 117 | ||
| 117 | - | (c) Each administrator of a hospital shall: 14 | |
| 118 | + | (B) (1) (I) AT LEAST 50% OF THE MEMBERSHIP OF A CLINICAL 18 | |
| 119 | + | STAFFING COMMITTEE MUST BE COMPOSED OF REGISTERED NURSES , LICENSED 19 | |
| 120 | + | PRACTICAL NURSES , CERTIFIED NURSING AS SISTANTS, AND ANCILLARY MEMBER S 20 | |
| 121 | + | OF THE FRONTLINE TEAM IN THE HOSPITAL. 21 | |
| 118 | 122 | ||
| 119 | - | (4) Provide annual training to all patient care staff members to ensure the 15 | |
| 120 | - | staff’s knowledge and understanding of the patient’s bill of rights THROUGH TRAINING 16 | |
| 121 | - | PROVIDED BY STAFF ME MBERS OR, IF THE HOSPITAL IS U NABLE TO PROVIDE THE 17 | |
| 122 | - | TRAINING THROUGH STA FF MEMBERS, BY CONTRACTING WITH A THIRD PARTY. 18 | |
| 123 | + | (II) THE MEMBERSHIP DESCRIBED IN SUBPARAGRAPH (I) OF 22 | |
| 124 | + | THIS PARAGRAPH SHALL BE SELECTED: 23 | |
| 123 | 125 | ||
| 124 | - | 19–386. RESERVED. 19 | |
| 126 | + | 1. IF THERE IS AN APPLIC ABLE COLLECTIVE 24 | |
| 127 | + | BARGAINING AGREEMENT , IN ACCORDANCE WITH THE COLLECTIVE BARGAININ G 25 | |
| 128 | + | AGREEMENT ; OR 26 | |
| 125 | 129 | ||
| 126 | - | 19–387. RESERVED. 20 | |
| 130 | + | 2. BY THE REGISTERED NURSES , LICENSED PRACTICAL 27 | |
| 131 | + | NURSES, CERTIFIED NURSING AS SISTANTS, AND ANCILLARY MEMBER S OF THE 28 | |
| 132 | + | FRONTLINE TEAM WORKING IN THE HOSPI TAL. 29 | |
| 127 | 133 | ||
| 128 | - | PART XII. CLINICAL STAFFING COMMITTEES AND PLANS. 21 | |
| 129 | - | ||
| 130 | - | 19–388. 22 | |
| 131 | - | ||
| 132 | - | (A) IN THIS PART THE FOLL OWING WORDS HAVE THE MEANINGS 23 | |
| 133 | - | INDICATED. 24 | |
| 134 | - | ||
| 135 | - | (B) (1) “ANCILLARY MEMBER OF T HE FRONTLINE TEAM ” MEANS AN 25 | |
| 136 | - | INDIVIDUAL WHOSE PRI MARY DUTIES INCLUDE SUPPORTING INDIVIDUA LS WHO 26 | |
| 137 | - | PROVIDE DIRECT PATIE NT CARE. 27 | |
| 138 | - | ||
| 139 | - | (2) “ANCILLARY MEMBER OF T HE FRONTLINE TEAM ” INCLUDES: 28 | |
| 140 | - | ||
| 141 | - | (I) DIETARY WORKERS ; 29 | |
| 134 | + | (2) THE REMAINDER OF THE MEMBERSHIP OF A CLIN ICAL STAFFING 30 | |
| 135 | + | COMMITTEE MUST BE COMPOSED OF INDIVIDUALS EMPLOYED IN THE 31 | |
| 136 | + | ADMINISTRATION OF THE HOSPITAL AND MAY INCLUDE : 32 | |
| 142 | 137 | 4 HOUSE BILL 1194 | |
| 143 | 138 | ||
| 144 | 139 | ||
| 145 | - | ( | |
| 140 | + | (I) A CHIEF FINANCIAL OFFI CER; 1 | |
| 146 | 141 | ||
| 147 | - | (III) OTHER NONLICENSED STA FF ASSISTING WITH PA TIENT 2 | |
| 148 | - | CARE. 3 | |
| 142 | + | (II) A CHIEF NURSING OFFICE R; AND 2 | |
| 149 | 143 | ||
| 150 | - | ( | |
| 151 | - | ||
| 144 | + | (III) PATIENT CARE UNIT DIR ECTORS OR MANAGERS O R THEIR 3 | |
| 145 | + | DESIGNEES. 4 | |
| 152 | 146 | ||
| 153 | - | (D) “CLINICAL STAFFING PLA N” MEANS THE PLAN REQUI RED TO BE 6 | |
| 154 | - | DEVELOPED UNDER § 19–391 OF THIS SUBTITLE. 7 | |
| 147 | + | (C) (1) A HOSPITAL MAY NOT : 5 | |
| 155 | 148 | ||
| 156 | - | (E) “COMMISSION” MEANS THE HEALTH SERVICES COST REVIEW 8 | |
| 157 | - | COMMISSION ESTABLISHE D UNDER SUBTITLE 2 OF THIS TITLE. 9 | |
| 149 | + | (I) REQUIRE A MEMBER OF THE CLINIC AL STAFFING 6 | |
| 150 | + | COMMITTEE TO PARTICIPATE ON THE CLINICAL STAFFING CO MMITTEE OUTSIDE 7 | |
| 151 | + | SCHEDULED WORK TIME ; OR 8 | |
| 158 | 152 | ||
| 159 | - | (F) “UNFORESEEABLE EMERGEN CY CIRCUMSTANCE ” MEANS: 10 | |
| 153 | + | (II) ADD WORK DUTIES TO OR REASSIGN A MEMBER OF THE 9 | |
| 154 | + | CLINICAL STAFFING CO MMITTEE AS A RESULT OF THE MEMBER ’S PARTICIPATION 10 | |
| 155 | + | ON THE CLINICAL STAFFING CO MMITTEE. 11 | |
| 160 | 156 | ||
| 161 | - | (1) AN OFFICIALLY DECLARE D NATIONAL , STATE, OR LOCAL 11 | |
| 162 | - | EMERGENCY ; 12 | |
| 157 | + | (2) A HOSPITAL SHALL COMPE NSATE EACH MEMBER OF THE 12 | |
| 158 | + | CLINICAL STAFFING CO MMITTEE AT AN APPROPRIATE RA TE FOR TIME SPENT 13 | |
| 159 | + | PARTICIPATING ON A CLINICAL STAFFIN G COMMITTEE . 14 | |
| 163 | 160 | ||
| 164 | - | (2) AN EVENT THAT CAUSES A HOSPITAL TO ACTIVA TE THE 13 | |
| 165 | - | HOSPITAL’S DISASTER PLAN; OR 14 | |
| 161 | + | 19–391. 15 | |
| 166 | 162 | ||
| 167 | - | (3) A NATURAL OR MANMADE D ISASTER OR CATASTROPHIC EVENT 15 | |
| 168 | - | THAT IMMEDIATELY AFF ECTS OR INCREASES TH E NEED FOR HEALTH CA RE 16 | |
| 169 | - | SERVICES. 17 | |
| 163 | + | (A) A CLINICAL STAFFING CO MMITTEE SHALL : 16 | |
| 170 | 164 | ||
| 171 | - | 19–389. 18 | |
| 165 | + | (1) DEVELOP AND PROVIDE O VERSIGHT FOR THE IMP LEMENTATION 17 | |
| 166 | + | OF AN ANNUAL CLINICAL ST AFFING PLAN THAT: 18 | |
| 172 | 167 | ||
| 173 | - | | |
| 168 | + | (I) IS BASED ON PATIENT NEE DS; 19 | |
| 174 | 169 | ||
| 175 | - | ( | |
| 176 | - | ||
| 177 | - | ||
| 170 | + | (II) ESTABLISHES SPECIFIC GUIDELINES OR RATIOS , 20 | |
| 171 | + | MATRICES, OR GRIDS INDICATING HOW MANY PATIENTS SHOULD BE ASSIGNED TO 21 | |
| 172 | + | EACH REGISTERED NURS E; AND 22 | |
| 178 | 173 | ||
| 179 | - | (2) LIMIT OR SUPPLANT THE RIGHTS OF EMPLOYEES OR THEIR 23 | |
| 180 | - | EXCLUSIVE REPRESENTA TIVES TO ENFORCE RIG HTS CONFERRED UNDER THE 24 | |
| 181 | - | TERMS OF A COLLECTIV E BARGAINING AGREEME NT; OR 25 | |
| 174 | + | (III) ESTABLISHES T HE NUMBER OF REGISTE RED NURSES , 23 | |
| 175 | + | LICENSED PRACTICAL N URSES, CERTIFIED NURSING AS SISTANTS, AND ANCILLARY 24 | |
| 176 | + | MEMBERS OF THE FRONT LINE TEAM THAT SHOULD BE PRESENT ON EACH UNIT AND 25 | |
| 177 | + | DURING EACH SHIFT ; 26 | |
| 182 | 178 | ||
| 183 | - | (3) AFFECT MORE STRINGENT STANDARDS IN FEDERAL OR STATE 26 | |
| 184 | - | LAW OR REGULATION OR THE TERMS OF AN APPL ICABLE COLLECTIVE BA RGAINING 27 | |
| 185 | - | AGREEMENT . 28 | |
| 186 | - | ||
| 187 | - | 19–390. 29 | |
| 179 | + | (2) DEVELOP A PROCESS FOR REEVALUAT ING AND AMEND ING THE 27 | |
| 180 | + | CLINICAL STAFFING PL AN AS NECESSARY; 28 | |
| 188 | 181 | HOUSE BILL 1194 5 | |
| 189 | 182 | ||
| 190 | 183 | ||
| 191 | - | (A) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , ON OR 1 | |
| 192 | - | BEFORE JANUARY 1, 2025, EACH HOSPITAL LICENS ED UNDER THIS TITLE SHALL 2 | |
| 193 | - | ESTABLISH AND MAINTA IN A CLINICAL STAFFI NG COMMITTEE . 3 | |
| 184 | + | (3) ESTABLISH RULES AND CRITERIA T O PROVIDE FOR EMPLOY EE 1 | |
| 185 | + | CONFIDENTIALITY DURI NG A REVIEW OF A CLI NICAL STAFFING PLAN; AND 2 | |
| 194 | 186 | ||
| 195 | - | (2) A HOSPITAL MAY COMPLY WITH THE REQUIREMENT UNDER 4 | |
| 196 | - | PARAGRAPH (1) OF THIS SUBSECTION B Y ASSIGNING THE DUTI ES OF A CLINICAL 5 | |
| 197 | - | STAFFING COMMITTEE T O AN EXISTING COMMIT TEE IN THE HOSPITAL THAT MEETS 6 | |
| 198 | - | THE REQUIREMENTS OF SUBSECTION (B) OF THIS SECTION. 7 | |
| 187 | + | (4) DEVELOP A PROCESS FOR RECEIVING, RESOLVING, AND 3 | |
| 188 | + | TRACKING COMPLAINTS REGARDING THE CLINICAL STAFFIN G PLAN. 4 | |
| 199 | 189 | ||
| 200 | - | (B) (1) (I) AT LEAST 50% OF THE MEMBERSHIP OF A CLINICAL 8 | |
| 201 | - | STAFFING COMMITTEE M UST BE COMPOSED OF R EGISTERED NURSES , LICENSED 9 | |
| 202 | - | PRACTICAL NURSES , CERTIFIED NURSING AS SISTANTS, AND ANCILLARY MEMBER S 10 | |
| 203 | - | OF THE FRONTLINE TEAM IN TH E HOSPITAL. 11 | |
| 190 | + | (B) IN DEVELOPING THE CLINICAL STAFFING PL AN, THE CLINICAL 5 | |
| 191 | + | STAFFING COMMITTEE SHALL CONSIDER : 6 | |
| 204 | 192 | ||
| 205 | - | (II) THE MEMBERSHIP DESCRI BED IN SUBPARAGRAPH (I) OF 12 | |
| 206 | - | THIS PARAGRAPH SHALL BE SELECTED: 13 | |
| 193 | + | (1) THE AVERAGE NUMBER OF PATIENTS O N EACH UNIT ON EACH 7 | |
| 194 | + | SHIFT DURING THE IMMEDIATELY PRECEDIN G YEAR AND RELEVANT INFORMATION 8 | |
| 195 | + | REGARDING PATIENT DISCHARGES , POTENTIAL ADMISSIONS , AND TRANSFERS ; 9 | |
| 207 | 196 | ||
| 208 | - | | |
| 209 | - | ||
| 210 | - | ||
| 197 | + | (2) THE AVERAGE LEVEL OF ACUITY FOR PATIENTS ON EACH UNIT ON 10 | |
| 198 | + | EACH SHIFT DURING THE IMMEDIATELY PRECEDIN G YEAR AND THE 11 | |
| 199 | + | CORRESPONDING LEVEL OF NURSING CARE REQUIRED; 12 | |
| 211 | 200 | ||
| 212 | - | | |
| 213 | - | ||
| 214 | - | ||
| 201 | + | (3) AN ESTIMATE OF THE APPROPRIATE COMBINATION OF SKILL, 13 | |
| 202 | + | EXPERIENCE LEVEL, AND SPECIALTY CERTIF ICATION OR TRAINING OF STAFF FOR 14 | |
| 203 | + | EACH UNIT ON EACH SH IFT THAT IS REQUIRED TO ADEQUATELY PROVIDE C ARE; 15 | |
| 215 | 204 | ||
| 216 | - | (2) THE REMAINDER OF THE MEMBERSHIP OF A CLIN ICAL STAFFING 20 | |
| 217 | - | COMMITTEE MUST BE CO MPOSED OF INDIVIDUAL S EMPLOYED IN THE 21 | |
| 218 | - | ADMINISTRATION OF TH E HOSPITAL AND MAY I NCLUDE: 22 | |
| 205 | + | (4) THE NEED FOR SPECIALI ZED INTENSIVE EQUIPM ENT; 16 | |
| 219 | 206 | ||
| 220 | - | (I) A CHIEF FINANCIAL OFFI CER; 23 | |
| 207 | + | (5) THE ARCHITECTURE AND LAYOUT OF A PATIENT CARE UNIT, 17 | |
| 208 | + | INCLUDING PLACEMENT OF PATIENT ROOMS , TREATMENT AREAS , NURSING 18 | |
| 209 | + | STATIONS, MEDICATION PREPARATI ON AREAS, AND EQUIPMENT ; 19 | |
| 221 | 210 | ||
| 222 | - | (II) A CHIEF NURSING OFFICE R; AND 24 | |
| 211 | + | (6) MECHANISMS AND PROCED URES REQUIRED TO PROVIDE 20 | |
| 212 | + | ONE–TO–ONE PATIENT OBSERVAT ION OR CARE, AS APPROPRIATE , FOR PATIENTS ON 21 | |
| 213 | + | PSYCHIATRIC OR OTHER UNITS; 22 | |
| 223 | 214 | ||
| 224 | - | ( | |
| 225 | - | ||
| 215 | + | (7) MEASURES TO IMPROVE A ND ENSURE WORKER AND PATIENT 23 | |
| 216 | + | SAFETY; 24 | |
| 226 | 217 | ||
| 227 | - | (C) (1) A HOSPITAL MAY NOT : 27 | |
| 218 | + | (8) SPECIAL CHARACTERISTICS OF E ACH UNIT OR PATIENT 25 | |
| 219 | + | COMMUNITY POPULATION , INCLUDING PATIENT AG E, CULTURAL OR LINGUIST IC 26 | |
| 220 | + | DIVERSITY AND NEEDS , FUNCTIONAL ABILITY , COMMUNICATION SKILLS , OR OTHER 27 | |
| 221 | + | RELEVANT SOCIAL OR S OCIOECONOMIC FACTORS ; 28 | |
| 228 | 222 | ||
| 229 | - | ( | |
| 230 | - | ||
| 231 | - | ||
| 232 | - | 6 HOUSE BILL 1194 | |
| 223 | + | (9) STAFFING GUIDELINES A DOPTED OR PUBLISHED IN OTHE R 29 | |
| 224 | + | STATES OR LOCAL JURI SDICTIONS OR BY NATIONAL NURSING PROFESSIONAL 30 | |
| 225 | + | ASSOCIATIONS, SPECIALTY NURSING OR GANIZATIONS, OR OTHER HEALTH 31 | |
| 226 | + | PROFESSIONAL ORGANIZ ATIONS; 32 6 HOUSE BILL 1194 | |
| 233 | 227 | ||
| 234 | 228 | ||
| 235 | - | (II) ADD WORK DUTIES TO OR REASSIGN A MEMBER OF THE 1 | |
| 236 | - | CLINICAL STAFFING CO MMITTEE AS A RESULT OF THE MEMBER ’S PARTICIPATION 2 | |
| 237 | - | ON THE CLINICAL STAFFING CO MMITTEE. 3 | |
| 238 | 229 | ||
| 239 | - | (2) A HOSPITAL SHALL COMPE NSATE EACH MEMBER OF THE 4 | |
| 240 | - | CLINICAL STAFFING CO MMITTEE AT AN APPROP RIATE RATE FOR TIME SPENT 5 | |
| 241 | - | PARTICIPATING ON A C LINICAL STAFFING COM MITTEE. 6 | |
| 230 | + | (10) AVAILABILITY OF OTHER PERSONNEL SUPPORTING NURSING 1 | |
| 231 | + | SERVICES ON EACH UNIT; 2 | |
| 242 | 232 | ||
| 243 | - | 19–391. 7 | |
| 233 | + | (11) WAIVER OF PLAN REQUIR EMENTS IN CASE OF UN FORESEEABLE 3 | |
| 234 | + | EMERGENCY CIRCUMSTAN CES; 4 | |
| 244 | 235 | ||
| 245 | - | (A) A CLINICAL STAFFING CO MMITTEE SHALL : 8 | |
| 236 | + | (12) COVERAGE TO ENABLE RE GISTERED NURSES , LICENSED 5 | |
| 237 | + | PRACTICAL NURSES , AND ANCILLARY MEMBER S OF THE FRONTLINE T EAM TO TAKE 6 | |
| 238 | + | MEAL AND REST BREAKS AND PLANNED TIME OFF , AND TO ACCOMMODATE 7 | |
| 239 | + | UNPLANNED ABSENCES T HAT ARE REASONABLY F ORESEEABLE ; 8 | |
| 246 | 240 | ||
| 247 | - | (1) DEVELOP AND PROVIDE O VERSIGHT FOR THE IMP LEMENTATION 9 | |
| 248 | - | OF AN ANNUAL CLINICA L STAFFING PLAN THAT : 10 | |
| 241 | + | (13) GENERAL HOSPITAL FINA NCES AND RESOURCES ; AND 9 | |
| 249 | 242 | ||
| 250 | - | (I) IS BASED ON PATIENT N EEDS; 11 | |
| 243 | + | (14) PROVISIONS FOR LIMITE D SHORT–TERM ADJUSTMENTS MAD E BY 10 | |
| 244 | + | APPROPRIATE HOSPITAL PERSONNEL OVERSEEING PATIENT CARE OPERATIONS TO 11 | |
| 245 | + | THE STAFFING LEVELS REQUIRED BY A CLINIC AL STAFFING PLAN NEC ESSARY TO 12 | |
| 246 | + | ACCOUNT FOR UNEXPECT ED CHANGES IN CIRCUM STANCES THAT ARE TO BE OF 13 | |
| 247 | + | LIMITED DURATION . 14 | |
| 251 | 248 | ||
| 252 | - | (II) ESTABLISHES SPECIFIC GUIDELINES OR RATIOS , 12 | |
| 253 | - | MATRICES, OR GRIDS INDICATING HOW MANY PATIENTS SH OULD BE ASSIGNED TO 13 | |
| 254 | - | EACH REGISTERED NURSE ; AND 14 | |
| 249 | + | (C) (1) A CLINICAL STAFFING PL AN SHALL COMPLY WITH ALL FEDERAL 15 | |
| 250 | + | AND STATE LAWS AND REGULATIONS . 16 | |
| 255 | 251 | ||
| 256 | - | (III) ESTABLISHES THE NUMBE R OF REGISTERED NURS ES, 15 | |
| 257 | - | LICENSED PRACTICAL N URSES, CERTIFIED NURSING AS SISTANTS, AND ANCILLARY 16 | |
| 258 | - | MEMBERS OF THE FRONT LINE TEAM THAT SHOUL D BE PRESENT ON EACH UNIT AND 17 | |
| 259 | - | DURING EACH SHIFT ; 18 | |
| 252 | + | (2) A CLINICAL STAFFING PL AN SHALL COMPLY WITH AND 17 | |
| 253 | + | INCORPORATE ANY MINI MUM STAFFING LEVELS PROVIDED FOR IN APPLICABLE 18 | |
| 254 | + | COLLECTIVE BARGAININ G AGREEMENT S, INCLUDING: 19 | |
| 260 | 255 | ||
| 261 | - | (2) DEVELOP A PROCESS FOR REEVALUA TING AND AMENDING TH E 19 | |
| 262 | - | CLINICAL STAFFING PL AN AS NECESSARY ; 20 | |
| 256 | + | (I) NURSE–TO–PATIENT RATIOS ; 20 | |
| 263 | 257 | ||
| 264 | - | (3) ESTABLISH RULES AND C RITERIA TO PROVIDE F OR EMPLOYEE 21 | |
| 265 | - | CONFIDENTIALITY DURI NG A REVIEW OF A CLI NICAL STAFFING PLAN ; AND 22 | |
| 258 | + | (II) CAREGIVER–TO–PATIENT RATIOS ; 21 | |
| 266 | 259 | ||
| 267 | - | (4) DEVELOP A PROCESS FOR RECEIVING, RESOLVING, AND 23 | |
| 268 | - | TRACKING COMPLAINTS REGARDING THE CLINIC AL STAFFING PLAN . 24 | |
| 260 | + | (III) STAFFING GRIDS; 22 | |
| 269 | 261 | ||
| 270 | - | (B) IN DEVELOPING THE CLI NICAL STAFFING PLAN , THE CLINICAL 25 | |
| 271 | - | STAFFING COMMITTEE S HALL CONSIDER : 26 | |
| 262 | + | (IV) STAFFING MATRICES ; AND 23 | |
| 272 | 263 | ||
| 273 | - | (1) THE AVERAGE NUMBER OF PATIENTS ON EACH UNI T ON EACH 27 | |
| 274 | - | SHIFT DURING THE IMM EDIATELY PRECEDING YEAR AND RELEVANT IN FORMATION 28 | |
| 275 | - | REGARDING PATIENT DI SCHARGES, POTENTIAL ADMISSIONS , AND TRANSFERS ; 29 | |
| 264 | + | (V) ANY OTHER APPLICABLE STAFFING PROVISION . 24 | |
| 265 | + | ||
| 266 | + | (D) AT LEAST EVERY 6 MONTHS, THE CLINICAL STAFFING COMMITTEE 25 | |
| 267 | + | SHALL CONDUCT A REVIEW OF THE CLINICAL STAFFIN G PLAN BY COMPARING THE 26 | |
| 268 | + | CLINICAL STAFFING PLAN TO PATIENT NEEDS AND EV IDENCE–BASED STAFFING 27 | |
| 269 | + | INFORMATION . 28 | |
| 276 | 270 | HOUSE BILL 1194 7 | |
| 277 | 271 | ||
| 278 | 272 | ||
| 279 | - | (2) THE AVERAGE LEVEL OF ACUITY FOR PATIENTS ON EACH UNIT ON 1 | |
| 280 | - | EACH SHIFT DURING TH E IMMEDIATELY PRECED ING YEAR AND THE 2 | |
| 281 | - | CORRESPONDING LEVEL OF NURSING CARE REQUIRED; 3 | |
| 273 | + | (E) THE CLINICAL STAFFING COMMITTEE SHALL REVIEW , ASSESS, AND 1 | |
| 274 | + | RESOLVE COMPLAINTS REGARDING POTENTIAL VIOLATIONS OF A CLINICAL 2 | |
| 275 | + | STAFFING PLAN , STAFFING VARIATIONS , OR OTHER CONCERNS RE GARDING T HE 3 | |
| 276 | + | IMPLEMENTATION OF THE CLINICAL STAFFING PLAN. 4 | |
| 282 | 277 | ||
| 283 | - | (3) AN ESTIMATE OF THE AP PROPRIATE COMBINATIO N OF SKILL, 4 | |
| 284 | - | EXPERIENCE LEVEL , AND SPECIALTY CERTIF ICATION OR TRAINING OF STAFF FOR 5 | |
| 285 | - | EACH UNIT ON EACH SH IFT THAT IS REQUIRED TO ADEQUATELY PROVID E CARE; 6 | |
| 278 | + | 19–392. 5 | |
| 286 | 279 | ||
| 287 | - | (4) THE NEED FOR SPECIALI ZED INTENSIVE EQUI PMENT; 7 | |
| 280 | + | (A) ON OR BEFORE JUNE 1 EACH YEAR , THE CLINICAL STAFFIN G 6 | |
| 281 | + | COMMITTEE OF EACH HOSPITAL SHALL DEVELOP THE HOSPITAL ’S CLINICAL 7 | |
| 282 | + | STAFFING PLAN . 8 | |
| 288 | 283 | ||
| 289 | - | (5) THE ARCHITECTURE AND LAYOUT OF A PATIENT CARE UNIT, 8 | |
| 290 | - | INCLUDING PLACEMENT OF PATIENT ROOMS , TREATMENT AREAS , NURSING 9 | |
| 291 | - | STATIONS, MEDICATION PREPARATI ON AREAS, AND EQUIPMENT ; 10 | |
| 284 | + | (B) EXCEPT AS PROVIDED IN SUBSECTION (C)(1) OF THIS SECTION , ON OR 9 | |
| 285 | + | BEFORE JUNE 15 EACH YEAR, THE CLINICAL STAFFIN G COMMITTEE SHALL AD OPT A 10 | |
| 286 | + | CLINICAL STAFFING PL AN BY A MAJORITY VOTE OF THE CLINICAL STAF FING 11 | |
| 287 | + | COMMITTEE . 12 | |
| 292 | 288 | ||
| 293 | - | (6) MECHANISMS AND PROCED URES REQUIRED TO PRO VIDE 11 | |
| 294 | - | ONE–TO–ONE PATIENT OBSERVATION OR CARE , AS APPROPRIATE , FOR PATIENTS ON 12 | |
| 295 | - | PSYCHIATRIC OR OTHER UNITS; 13 | |
| 289 | + | (C) (1) IF A CLINICAL STAFFING COMMITTEE IS UNABLE TO ADOPT A 13 | |
| 290 | + | CLINICAL STAFFING PLAN AS REQUIRED UNDER SUBSE CTION (B) OF THIS SECTION, 14 | |
| 291 | + | THE CHIEF EXECUTIVE OFFICER OF THE HOSPI TAL SHALL ADOPT A CLINICAL 15 | |
| 292 | + | STAFFING PLAN THAT MEETS THE REQUI REMENTS OF THIS SUBT ITLE NOT LATER 16 | |
| 293 | + | THAN JUNE 30. 17 | |
| 296 | 294 | ||
| 297 | - | (7) MEASURES TO IMPROVE A ND ENSURE WORKER AND PATIENT 14 | |
| 298 | - | SAFETY; 15 | |
| 295 | + | (2) IF A CHIEF EXECUTIVE OFFICER ADOPTS A CLI NICAL STAFFING 18 | |
| 296 | + | PLAN UNDER THIS PARAGRAPH (1) OF THIS SUBSECTION , THE CHIEF EXECUTIVE 19 | |
| 297 | + | OFFICER SHALL ADOPT A PLAN THAT : 20 | |
| 299 | 298 | ||
| 300 | - | (8) SPECIAL CHARACTERISTI CS OF EACH UNIT OR P ATIENT 16 | |
| 301 | - | COMMUNITY POPULATION , INCLUDING PATIENT AG E, CULTURAL OR LINGUISTIC 17 | |
| 302 | - | DIVERSITY AND NEEDS , FUNCTIONAL ABILITY , COMMUNICATION SKILLS , OR OTHER 18 | |
| 303 | - | RELEVANT SOCIAL OR S OCIOECONOMIC FACTORS ; 19 | |
| 299 | + | (I) IF PRACTICABLE , IS BASED ON A CLINICAL STAFFING PLAN 21 | |
| 300 | + | THAT WAS PREVIOUSLY ADOPTED BY THE C LINICAL STAFFING COM MITTEE AS A 22 | |
| 301 | + | BASIS FOR THE NEW CLINICAL STAFFIN G PLAN; AND 23 | |
| 304 | 302 | ||
| 305 | - | (9) STAFFING GUIDELINES A DOPTED OR PUBLISHED IN OTHER 20 | |
| 306 | - | STATES OR LOCAL JURI SDICTIONS OR BY NATI ONAL NURSING PROFESS IONAL 21 | |
| 307 | - | ASSOCIATIONS, SPECIALTY NURSING OR GANIZATIONS, OR OTHER HEALTH 22 | |
| 308 | - | PROFESSIONAL ORGANIZ ATIONS; 23 | |
| 303 | + | (II) INCORPORATE S ANY STAFFING –RELATED TERMS AND 24 | |
| 304 | + | CONDITIONS THAT HAVE BEEN ADOPTED PREVIOUSLY THROUGH A COLLECTIVE 25 | |
| 305 | + | BARGAINING AGREEMENT . 26 | |
| 309 | 306 | ||
| 310 | - | ( | |
| 311 | - | ||
| 307 | + | (D) (1) ON OR BEFORE JULY 31 EACH YEAR, EACH HOSPITAL SHALL 27 | |
| 308 | + | SUBMIT TO THE COMMISSION: 28 | |
| 312 | 309 | ||
| 313 | - | (11) WAIVER OF PLAN REQUIR EMENTS IN CASE OF UN FORESEEABLE 26 | |
| 314 | - | EMERGENCY CIRCUMSTAN CES; 27 | |
| 310 | + | (I) THE CLINICAL STAFFING PL AN; 29 | |
| 315 | 311 | ||
| 316 | - | (12) COVERAGE TO ENABLE RE GISTERED NURSES , LICENSED 28 | |
| 317 | - | PRACTICAL NURSES , AND ANCILLARY MEMBER S OF THE FRONTLINE T EAM TO TAKE 29 | |
| 318 | - | MEAL AND REST BREAKS AND PLANNED TIME OFF , AND TO ACCOMMODATE 30 | |
| 319 | - | UNPLANNED ABSENCES T HAT ARE REASONABLY F ORESEEABLE ; 31 | |
| 320 | - | ||
| 321 | - | (13) GENERAL HOSPITAL FINA NCES AND RESOURCES ; AND 32 | |
| 312 | + | (II) DATA FROM THE IMMEDIATELY PRECEDING YEAR 30 | |
| 313 | + | REGARDING THE FREQUE NCY AND DURATION OF VARIATIONS FROM THE ADOPTED 31 | |
| 314 | + | CLINICAL STAFFING PL AN; AND 32 | |
| 322 | 315 | 8 HOUSE BILL 1194 | |
| 323 | 316 | ||
| 324 | 317 | ||
| 325 | - | (14) PROVISIONS FOR LIMITE D SHORT–TERM ADJUSTMENTS MAD E BY 1 | |
| 326 | - | APPROPRIATE HOSPITAL PERSONNEL OVERSEEING PATIENT CARE OPERATI ONS TO 2 | |
| 327 | - | THE STAFFING LEVELS REQUIRED BY A CLINIC AL STAFFING PLAN NEC ESSARY TO 3 | |
| 328 | - | ACCOUNT FO R UNEXPECTED CHANGES IN CIRCUMSTANCES THA T ARE TO BE OF 4 | |
| 329 | - | LIMITED DURATION . 5 | |
| 318 | + | (III) THE NUMBER OF COMPLAI NTS RECEIVED DURING THE 1 | |
| 319 | + | IMMEDIATELY PRECEDIN G YEAR RELATING TO THE CLIN ICAL STAFFING PLAN A ND 2 | |
| 320 | + | THE DISPOSITION OF E ACH COMPLAINT . 3 | |
| 330 | 321 | ||
| 331 | - | (C) (1) A CLINICAL STAFFING PL AN SHALL COMPLY WITH ALL FEDERAL 6 | |
| 332 | - | AND STATE LAWS AND REGULA TIONS. 7 | |
| 322 | + | (2) (I) ON OR BEFORE AUGUST 14 EACH YEAR, THE COMMISSION 4 | |
| 323 | + | SHALL INCLUDE ON ITS WEBSITE EACH CLINICAL STA FFING PLAN SUBMITTED 5 | |
| 324 | + | UNDER PARAGRAPH (1)(I) OF THIS SUBSECTION . 6 | |
| 333 | 325 | ||
| 334 | - | ( | |
| 335 | - | ||
| 336 | - | ||
| 326 | + | (II) IF A HOSPITAL’S CLINICAL STAFFING PLAN IS AMENDED 7 | |
| 327 | + | FOR ANY REASON DURING THE YEAR , THE HOSPITAL SHALL S UBMIT TO THE 8 | |
| 328 | + | COMMISSION AN UPDATED CLINICAL STAFFING PL AN IN A TIMELY MANNE R. 9 | |
| 337 | 329 | ||
| 338 | - | (I) NURSE–TO–PATIENT RATIOS ; 11 | |
| 330 | + | (III) THE COMMISSION SHALL INCLUDE ON ITS WEBSITE ANY 10 | |
| 331 | + | CLINICAL STAFFING PL AN THAT IS UPDATED UNDE R THIS PARAGRAPH IN A TIMELY 11 | |
| 332 | + | MANNER. 12 | |
| 339 | 333 | ||
| 340 | - | ||
| 334 | + | 19–393. 13 | |
| 341 | 335 | ||
| 342 | - | (III) STAFFING GRIDS; 13 | |
| 336 | + | (A) ON OR BEFORE JANUARY 1 EACH YEAR, BEGINNING IN 2026, EACH 14 | |
| 337 | + | HOSPITAL SHALL : 15 | |
| 343 | 338 | ||
| 344 | - | (IV) STAFFING MATRICES ; AND 14 | |
| 339 | + | (1) IMPLEMENT THE CLINICA L STAFFING PLAN ADOP TED UNDER § 16 | |
| 340 | + | 19–392 OF THIS SUBTITLE ; AND 17 | |
| 345 | 341 | ||
| 346 | - | (V) ANY OTHER APPLICABLE STAFFING PROVISION. 15 | |
| 342 | + | (2) ASSIGN PERSONNEL TO E ACH PATIENT CARE UNI T IN 18 | |
| 343 | + | ACCORDANCE WITH THE CLINICAL STAFFING PL AN. 19 | |
| 347 | 344 | ||
| 348 | - | (D) AT LEAST EVERY 6 MONTHS, THE CLINICAL STAFFIN G COMMITTEE 16 | |
| 349 | - | SHALL CONDUCT A REVI EW OF THE CLINICAL S TAFFING PLAN BY COMP ARING THE 17 | |
| 350 | - | CLINICAL STAFFING PL AN TO PATIENT NEEDS AND EVIDENCE –BASED STAFFING 18 | |
| 351 | - | INFORMATION . 19 | |
| 345 | + | (B) A REGISTERED NURSE , A LICENSED PRACTICAL N URSE, AN ANCILLARY 20 | |
| 346 | + | MEMBER OF THE FRONTL INE TEAM , OR AN APPLICABLE EXCLUS IVE 21 | |
| 347 | + | REPRESENTATIVE MAY SUBMIT A COMPLAINT TO THE CLINICAL STAFFING 22 | |
| 348 | + | COMMITTEE REGARDING ANY VARIATION WHERE PERSONNEL ASSIGNMENT IN A 23 | |
| 349 | + | PATIENT CARE UNIT IS NOT IN ACCORDANCE WI TH THE ADOPTED CLIN ICAL 24 | |
| 350 | + | STAFFING PLAN . 25 | |
| 352 | 351 | ||
| 353 | - | (E) THE CLINICAL STAFFING COMMITTEE SHALL REVIEW , ASSESS, AND 20 | |
| 354 | - | RESOLVE COMPLAINTS R EGARDING POTENTIAL V IOLATIONS OF A CLINI CAL 21 | |
| 355 | - | STAFFING PLAN , STAFFING VARIATIONS , OR OTHER CONCERNS RE GARDING THE 22 | |
| 356 | - | IMPLEMENTATION OF TH E CLINICAL STAFFING PLAN. 23 | |
| 352 | + | (C) THE CLINICAL STAFFING COMMITTEE SHALL DETE RMINE, BY A 26 | |
| 353 | + | MAJORITY VOTE , WHETHER A COMPLAINT HAS BEEN ADEQUATELY RESOLVED . 27 | |
| 357 | 354 | ||
| 358 | - | 19– | |
| 355 | + | 19–394. 28 | |
| 359 | 356 | ||
| 360 | - | (A) ON OR BEFORE JUNE 1 EACH YEAR , THE CLINICAL STAFFIN G 25 | |
| 361 | - | COMMITTEE OF EACH HO SPITAL SHALL DEVELOP THE HOSPITAL ’S CLINICAL 26 | |
| 362 | - | STAFFING PLAN . 27 | |
| 363 | - | ||
| 364 | - | (B) EXCEPT AS PROVIDED IN SUBSECTION (C)(1) OF THIS SECTION , ON OR 28 | |
| 365 | - | BEFORE JUNE 15 EACH YEAR, THE CLINICAL STAFFIN G COMMITTEE SHALL AD OPT A 29 | |
| 366 | - | CLINICAL STAFFING PLAN BY A M AJORITY VOTE OF THE CLINICAL STAFFING 30 | |
| 367 | - | COMMITTEE . 31 | |
| 368 | - | HOUSE BILL 1194 9 | |
| 369 | - | ||
| 370 | - | ||
| 371 | - | (C) (1) IF A CLINICAL STAFFIN G COMMITTEE IS UNABL E TO ADOPT A 1 | |
| 372 | - | CLINICAL STAFFING PL AN AS REQUIRED UNDER SUBSECTION (B) OF THIS SECTION, 2 | |
| 373 | - | THE CHIEF EXECUTIVE OFFICER OF THE HOSPI TAL SHALL ADOPT A CLINICAL 3 | |
| 374 | - | STAFFING PLAN THAT M EETS THE REQUIREMENT S OF THIS SUBTITLE N OT LATER 4 | |
| 375 | - | THAN JUNE 30. 5 | |
| 376 | - | ||
| 377 | - | (2) IF A CHIEF EXECUTIVE OFFICER ADOPTS A CLI NICAL STAFFING 6 | |
| 378 | - | PLAN UNDER THIS PARA GRAPH (1) OF THIS SUBSECTION , THE CHIEF EXECUTIVE 7 | |
| 379 | - | OFFICER SHALL ADOPT A PLAN THAT: 8 | |
| 380 | - | ||
| 381 | - | (I) IF PRACTICABLE , IS BASED ON A CLINIC AL STAFFING PLAN 9 | |
| 382 | - | THAT WAS PREVIOUSLY ADOPTED BY THE CLINI CAL STAFFING COMMITT EE AS A 10 | |
| 383 | - | BASIS FOR THE NEW CL INICAL STAFFING PLAN ; AND 11 | |
| 384 | - | ||
| 385 | - | (II) INCORPORATES ANY STAF FING–RELATED TERMS AND 12 | |
| 386 | - | CONDITIONS THAT HAVE BEEN ADOPTED PR EVIOUSLY THROUGH A C OLLECTIVE 13 | |
| 387 | - | BARGAINING AGREEMENT . 14 | |
| 388 | - | ||
| 389 | - | (D) (1) ON OR BEFORE JULY 31 EACH YEAR, EACH HOSPITAL SHALL 15 | |
| 390 | - | SUBMIT TO THE COMMISSION: 16 | |
| 391 | - | ||
| 392 | - | (I) THE CLINICAL STAFFING PLAN; 17 | |
| 393 | - | ||
| 394 | - | (II) DATA FROM THE IMMEDIA TELY PRECEDING YEAR 18 | |
| 395 | - | REGARDING THE FREQUENCY AND DU RATION OF VARIATIONS FROM THE ADOPTED 19 | |
| 396 | - | CLINICAL STAFFING PL AN; AND 20 | |
| 397 | - | ||
| 398 | - | (III) THE NUMBER OF COMPLAI NTS RECEIVED DURING THE 21 | |
| 399 | - | IMMEDIATELY PRECEDIN G YEAR RELATING TO T HE CLINICAL STAFFING PLAN AND 22 | |
| 400 | - | THE DISPOSITION OF E ACH COMPLAINT . 23 | |
| 401 | - | ||
| 402 | - | (2) (I) ON OR BEFORE AUGUST 14 EACH YEAR, THE COMMISSION 24 | |
| 403 | - | SHALL INCLUDE ON ITS WEBSITE EACH CLINICA L STAFFING PLAN SUBM ITTED 25 | |
| 404 | - | UNDER PARAGRAPH (1)(I) OF THIS SUBSECTION . 26 | |
| 405 | - | ||
| 406 | - | (II) IF A HOSPITAL’S CLINICAL STAFFING PLAN IS AMENDED 27 | |
| 407 | - | FOR ANY REASON DURIN G THE YEAR , THE HOSPITAL SHALL SUBMI T TO THE 28 | |
| 408 | - | COMMISSION AN UPDATED CLINICAL STAFFING PL AN IN A TIMELY MANNE R. 29 | |
| 409 | - | ||
| 410 | - | (III) THE COMMISSION SHALL INCL UDE ON ITS WEBSITE A NY 30 | |
| 411 | - | CLINICAL STAFFING PL AN THAT IS UPDATED U NDER THIS PARAGRAPH IN A TIMELY 31 | |
| 412 | - | MANNER. 32 | |
| 413 | - | ||
| 414 | - | 19–393. 33 10 HOUSE BILL 1194 | |
| 357 | + | (A) ON OR BEFORE JANUARY 1 EACH YEAR, EACH HOSPITAL SH ALL POST IN 29 | |
| 358 | + | A PUBLICLY ACCESSIBL E AND CONSPICUOUS AREA ON EACH PATIENT UNIT TH E 30 | |
| 359 | + | CLINICAL STAFFING PL AN FOR THE UNIT AND THE ACTUAL DAILY STA FFING FOR 31 | |
| 360 | + | EACH SHIFT ON THE UN IT. 32 HOUSE BILL 1194 9 | |
| 415 | 361 | ||
| 416 | 362 | ||
| 417 | 363 | ||
| 418 | - | (A) ON OR BEFORE JANUARY 1 EACH YEAR, BEGINNING IN 2026, EACH 1 | |
| 419 | - | HOSPITAL SHALL : 2 | |
| 364 | + | (B) IF A CLINICAL STAFFIN G PLAN FOR A UNIT IS AMENDED AFTER IT IS 1 | |
| 365 | + | IMPLEMENT ED, THE HOSPITAL SHALL P OST THE AMENDED CLI NICAL STAFFING 2 | |
| 366 | + | PLAN FOR THE UNIT IN A TIMELY MANNER . 3 | |
| 420 | 367 | ||
| 421 | - | (1) IMPLEMENT THE CLINICA L STAFFING PLAN ADOP TED UNDER § 3 | |
| 422 | - | 19–392 OF THIS SUBTITLE ; AND 4 | |
| 368 | + | 19–395. 4 | |
| 423 | 369 | ||
| 424 | - | | |
| 425 | - | ||
| 370 | + | A HOSPITAL MAY NOT RET ALIATE AGAINST OR ENGAGE IN ANY FORM O F 5 | |
| 371 | + | INTIMIDATION OF : 6 | |
| 426 | 372 | ||
| 427 | - | (B) A REGISTERED NURSE , A LICENSED PRACTICAL NURSE, AN ANCILLARY 7 | |
| 428 | - | MEMBER OF THE FRONTL INE TEAM , OR AN APPLICABLE EXC LUSIVE 8 | |
| 429 | - | REPRESENTATIVE MAY S UBMIT A COMPLAINT TO THE CLINICAL STAFFIN G 9 | |
| 430 | - | COMMITTEE REGARDING ANY VARIATION WHERE PERSONNEL ASSIGNMENT IN A 10 | |
| 431 | - | PATIENT CARE UNIT IS NOT IN ACCORDANCE WITH T HE ADOPTED CLINICAL 11 | |
| 432 | - | STAFFING PLAN . 12 | |
| 373 | + | (1) AN EMPLOYEE FOR PERFO RMING DUTIES OR RESP ONSIBILITIES 7 | |
| 374 | + | IN CONNECTION WITH T HE CLINICAL STAFFING COMMITTEE; OR 8 | |
| 433 | 375 | ||
| 434 | - | (C) THE CLINICAL STAFFING COMMITTEE SHALL DETE RMINE, BY A 13 | |
| 435 | - | MAJORITY VOTE , WHETHER A COMPLAINT HAS BEEN ADEQUATELY RESOLVED. 14 | |
| 376 | + | (2) AN EMPLOYEE, A PATIENT, OR OTHER INDIVIDUAL WHO NOTIFIES 9 | |
| 377 | + | THE CLINICAL STAFFIN G COMMITTEE OR THE H OSPITAL ADMINISTRATI ON OF THE 10 | |
| 378 | + | INDIVIDUAL’S STAFFING CONCERNS . 11 | |
| 436 | 379 | ||
| 437 | - | 19– | |
| 380 | + | 19–396. 12 | |
| 438 | 381 | ||
| 439 | - | (A) ON OR BEFORE JANUARY 1 EACH YEAR, EACH HOSPITAL SHALL POST IN 16 | |
| 440 | - | A PUBLICLY ACCESSIBL E AND CONSPICUOUS AR EA ON EACH PATIENT U NIT THE 17 | |
| 441 | - | CLINICAL STAFFING PL AN FOR THE UNIT AND THE ACTUAL DAILY STA FFING FOR 18 | |
| 442 | - | EACH SHIFT ON THE UN IT. 19 | |
| 382 | + | (A) ON RECEIPT OF A COMPL AINT WITH SUPPORTING EVIDENCE, THE 13 | |
| 383 | + | COMMISSION SHALL INVE STIGATE AN ALLEGED FAILURE: 14 | |
| 443 | 384 | ||
| 444 | - | (B) IF A CLINICAL STAFFIN G PLAN FOR A UNIT IS AMENDED AFTER IT IS 20 | |
| 445 | - | IMPLEMENTED, THE HOSPITAL SHALL P OST THE AMENDED CLIN ICAL STAFFING 21 | |
| 446 | - | PLAN FOR THE UNIT IN A TIMELY MANNER . 22 | |
| 385 | + | (1) OF A HOSPITAL TO ESTABLISH A CLINICAL STAFFING COMMITTEE 15 | |
| 386 | + | AS REQUIRED; 16 | |
| 447 | 387 | ||
| 448 | - | 19–395. 23 | |
| 388 | + | (2) OF A HOSPITAL T O COMPLY WITH THE REQUI REMENTS OF THIS 17 | |
| 389 | + | SUBTITLE IN CREATING A CLINICAL STAFFING PLAN; 18 | |
| 449 | 390 | ||
| 450 | - | A HOSPITAL | |
| 451 | - | ||
| 391 | + | (3) OF A HOSPITAL TO IMPLEMENT ALL OR PART OF AN ADOPTED 19 | |
| 392 | + | CLINICAL STAFFING PL AN; 20 | |
| 452 | 393 | ||
| 453 | - | ( | |
| 454 | - | ||
| 394 | + | (4) OF A CLINICAL STAFFING COMMITTEE TO C ONDUCT A REVIEW OF 21 | |
| 395 | + | A CLINICAL STAFFING PLAN UNDER § 19–391(D) OF THIS SUBTITLE; OR 22 | |
| 455 | 396 | ||
| 456 | - | (2) AN EMPLOYEE, A PATIENT, OR OTHER INDIVIDUAL WHO NOTIFIES 28 | |
| 457 | - | THE CLINICAL STAFFIN G COMMITTEE OR THE H OSPITAL ADMINISTRATI ON OF THE 29 | |
| 458 | - | INDIVIDUAL’S STAFFING CONCERNS . 30 | |
| 397 | + | (5) OF A HOSPITAL TO S UBMIT TO THE COMMISSION ANY RELEVANT 23 | |
| 398 | + | UPDATES TO A CLINICAL STAFFI NG PLAN. 24 | |
| 459 | 399 | ||
| 460 | - | 19–396. 31 HOUSE BILL 1194 11 | |
| 400 | + | (B) IF THE COMMISSION RECEIVES A COMPLAINT OF UNRESOLVED 25 | |
| 401 | + | COMPLAINTS RELATING TO A CLINICAL STAFFI NG PLAN, THE COMMISSION SHA LL 26 | |
| 402 | + | INITIATE AN INVESTIG ATION IF THE COMPLAI NT RELATES TO: 27 | |
| 403 | + | ||
| 404 | + | (1) COMPLIANCE WITH AN ADOPTED CLINICAL STAFFING PL AN; 28 | |
| 405 | + | 10 HOUSE BILL 1194 | |
| 461 | 406 | ||
| 462 | 407 | ||
| 408 | + | (2) PERSONNEL ASSIGNMENTS IN A PATIENT CARE UN IT OR 1 | |
| 409 | + | STAFFING LEVELS ; OR 2 | |
| 463 | 410 | ||
| 464 | - | ( | |
| 465 | - | ||
| 411 | + | (3) ANY OTHER MATTER REQU IRED TO BE INCLUDED IN A CLINICAL 3 | |
| 412 | + | STAFFING PLAN IN ACC ORDANCE WITH THIS SU BTITLE. 4 | |
| 466 | 413 | ||
| 467 | - | (1) OF A HOSPITAL TO ESTA BLISH A CLINICAL STA FFING COMMITTEE 3 | |
| 468 | - | AS REQUIRED; 4 | |
| 414 | + | (C) IF THE COMMISSION INITIATES AN INVESTIGATION UNDER SUBSECTION 5 | |
| 415 | + | (B) OF THIS SECTION , THE COMMISSION SHALL DETE RMINE WHETHER THERE IS A 6 | |
| 416 | + | PATTERN OF FAILURE O N THE PART OF A CLIN ICAL STAFFING COMMIT TEE OR A 7 | |
| 417 | + | HOSPITAL: 8 | |
| 469 | 418 | ||
| 470 | - | ( | |
| 471 | - | ||
| 419 | + | (1) TO RESOLVE COMPLAINTS SUBMITTED TO THE CLI NICAL 9 | |
| 420 | + | STAFFING COMMITTEE ; OR 10 | |
| 472 | 421 | ||
| 473 | - | ( | |
| 474 | - | ||
| 422 | + | (2) TO ADOPT A CLINICAL STAFFING PLAN UNDER § 19–392 OF THIS 11 | |
| 423 | + | SUBTITLE. 12 | |
| 475 | 424 | ||
| 476 | - | (4) OF A CLINICAL STAFFIN G COMMITTEE TO CONDU CT A REVIEW OF 9 | |
| 477 | - | A CLINICAL STAFFING PLAN UNDER § 19–391(D) OF THIS SUBTITLE; OR 10 | |
| 425 | + | (D) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 13 | |
| 426 | + | THE COMMISSION SHALL REQUIRE THE HOSPITAL TO SUBMIT A CORRECTI VE 14 | |
| 427 | + | ACTION PLAN WITHIN 45 DAYS AFTER THE COMMISSION’S NOTIFICATION OF A 15 | |
| 428 | + | VIOLATION IF: 16 | |
| 478 | 429 | ||
| 479 | - | ( | |
| 480 | - | ||
| 430 | + | (I) THERE HAS BEEN A DETE RMINATION OF A VIOLA TION 17 | |
| 431 | + | UNDER THIS SUBTITLE ; OR 18 | |
| 481 | 432 | ||
| 482 | - | ( | |
| 483 | - | ||
| 484 | - | ||
| 433 | + | (II) THE COMMISSION FINDS UNDER SUBSECTION (C) OF THIS 19 | |
| 434 | + | SECTION THAT THE CLINICAL ST AFFING COMMITTEE IS RESPONSIBLE FOR A 20 | |
| 435 | + | PATTERN OF UNRESOLVED C OMPLAINTS. 21 | |
| 485 | 436 | ||
| 486 | - | (1) COMPLIANCE WITH AN AD OPTED CLINICAL STAFF ING PLAN; 16 | |
| 437 | + | (2) THE COMMISSION MAY NOT RE QUIRE THE HOSPITAL T O SUBMIT A 22 | |
| 438 | + | CORRECTIVE PLAN OF A CTION IF THE COMMISSION FINDS THAT THE MEMBERS OF 23 | |
| 439 | + | THE CLINICAL STAFFIN G COMMITTEE WHO ARE ANCILLARY MEMBERS OF THE 24 | |
| 440 | + | FRONTLINE TEAM WERE RESPONSIBLE FOR : 25 | |
| 487 | 441 | ||
| 488 | - | ( | |
| 489 | - | ||
| 442 | + | (I) THE CLINICAL STAFFING COMMITTEE FAILING TO RESOLVE 26 | |
| 443 | + | COMPLAINTS ; OR 27 | |
| 490 | 444 | ||
| 491 | - | ( | |
| 492 | - | ||
| 445 | + | (II) A PATTERN OF FAILING TO ADOPT A CLINICAL STA FFING 28 | |
| 446 | + | PLAN. 29 | |
| 493 | 447 | ||
| 494 | - | (C) IF THE COMMISSION INITIATES AN INVESTIGATION UND ER SUBSECTION 21 | |
| 495 | - | (B) OF THIS SECTION , THE COMMISSION SHALL DETE RMINE WHETHER THERE IS A 22 | |
| 496 | - | PATTERN OF FAILURE O N THE PART OF A CLIN ICAL STAFFING COMMIT TEE OR A 23 | |
| 497 | - | HOSPITAL: 24 | |
| 498 | - | ||
| 499 | - | (1) TO RESOLVE COMPLAINTS SUBMITTED TO TH E CLINICAL 25 | |
| 500 | - | STAFFING COMMITTEE ; OR 26 | |
| 501 | - | ||
| 502 | - | (2) TO ADOPT A CLINICAL S TAFFING PLAN UNDER § 19–392 OF THIS 27 | |
| 503 | - | SUBTITLE. 28 | |
| 504 | - | ||
| 505 | - | (D) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 29 | |
| 506 | - | THE COMMISSION SHALL REQU IRE THE HOSPITAL TO SUBMIT A CORRECTIVE 30 12 HOUSE BILL 1194 | |
| 448 | + | (E) IN DETERMINING WHETHER A VIOLATION OCCURRED, THE 30 | |
| 449 | + | COMMISSION SHALL CONS IDER WHETHER AN UNFO RESEEABLE EMERGENCY 31 HOUSE BILL 1194 11 | |
| 507 | 450 | ||
| 508 | 451 | ||
| 509 | - | ||
| 510 | - | ||
| 452 | + | CIRCUMSTANCE WAS A M ITIGATING FACTOR AFFECTING THE HOSPITAL’S ABILITY 1 | |
| 453 | + | TO FOLLOW AN ADOPTED CLINICAL STAFFING PL AN. 2 | |
| 511 | 454 | ||
| 512 | - | (I) THERE HAS BEEN A DETE RMINATION OF A VIOLA TION 3 | |
| 513 | - | UNDER THIS SUBTITLE ; OR 4 | |
| 455 | + | 19–397. 3 | |
| 514 | 456 | ||
| 515 | - | ( | |
| 516 | - | ||
| 517 | - | ||
| 457 | + | (A) IF A HOSPITAL FAILS T O SUBMIT A CORRECTIV E ACTION PLAN IN 4 | |
| 458 | + | ACCORDANCE WITH § 19–396 OF THIS SUBTITLE , THE COMMISSION MAY IMPOSE A 5 | |
| 459 | + | CIVIL PENALTY NOT EXCEEDING $3,000 FOR EACH VIOLATION. 6 | |
| 518 | 460 | ||
| 519 | - | (2) THE COMMISSION MAY NOT RE QUIRE THE HOSPITAL T O SUBMIT A 8 | |
| 520 | - | CORRECTIVE PLAN OF A CTION IF THE COMMISSION FINDS THAT THE MEMBERS OF 9 | |
| 521 | - | THE CLINICAL STAFFIN G COMMITTEE WHO ARE ANCILLARY MEMBERS OF THE 10 | |
| 522 | - | FRONTLINE TEAM WERE RESPON SIBLE FOR: 11 | |
| 461 | + | (B) THE COMMISSION SHALL MAIN TAIN FOR PUBLIC INSP ECTION AND 7 | |
| 462 | + | INCLUDE ON THE COMMISSION’S WEBSITE A RECORD O F ANY CIVIL PENALTY 8 | |
| 463 | + | IMPOSED IN ACCORDANC E WITH THIS SUBTITLE . 9 | |
| 523 | 464 | ||
| 524 | - | (I) THE CLINICAL STAFFING COMMITTEE FAILING TO RESOLVE 12 | |
| 525 | - | COMPLAINTS ; OR 13 | |
| 465 | + | 19–398. 10 | |
| 526 | 466 | ||
| 527 | - | (II) A PATTERN OF FAILING T O ADOPT A CLINICAL S TAFFING 14 | |
| 528 | - | PLAN. 15 | |
| 467 | + | (A) ON OR BEFORE DECEMBER 31 EACH YEAR, BEGINNING IN 2025, THE 11 | |
| 468 | + | COMMISSION SHALL SUBM IT A REPORT TO THE GOVERNOR, THE SECRETARY, AND, 12 | |
| 469 | + | IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE 13 | |
| 470 | + | GENERAL ASSEMBLY. 14 | |
| 529 | 471 | ||
| 530 | - | (E) IN DETERMINING WHETHE R A VIOLATION OCCURR ED, THE 16 | |
| 531 | - | COMMISSION SHALL CONS IDER WHETH ER AN UNFORESEEABLE EMERGENCY 17 | |
| 532 | - | CIRCUMSTANCE WAS A M ITIGATING FACTOR AFF ECTING THE HOSPITAL ’S ABILITY 18 | |
| 533 | - | TO FOLLOW AN ADOPTED CLINICAL STAFFING PL AN. 19 | |
| 472 | + | (B) THE REPORT REQUIRED UNDER SUBSECTION (A) OF THIS SECTION 15 | |
| 473 | + | SHALL INCLUDE , FOR THE IMMEDIATELY PRECEDING CALENDAR Y EAR: 16 | |
| 534 | 474 | ||
| 535 | - | 19–397. 20 | |
| 475 | + | (1) THE NUMBER OF COMPLAI NTS SUBMITTED TO THE COMMISSION 17 | |
| 476 | + | REGARDING A CLINICAL STAFFING COMMITTEE O R CLINICAL STAFFING PLAN; 18 | |
| 536 | 477 | ||
| 537 | - | (A) IF A HOSPITAL FAILS T O SUBMIT A CORRECTIV E ACTION PLAN IN 21 | |
| 538 | - | ACCORDANCE WITH § 19–396 OF THIS SUBTITLE, THE COMMISSION MAY IMPOSE A 22 | |
| 539 | - | CIVIL PENALTY NOT EX CEEDING $3,000 FOR EACH VIOLATION . 23 | |
| 478 | + | (2) THE NUMBER OF INVESTI GATIONS CONDUCTED BY THE 19 | |
| 479 | + | COMMISSION UNDER § 19–396 OF THIS SUBTITLE; 20 | |
| 540 | 480 | ||
| 541 | - | ( | |
| 542 | - | ||
| 543 | - | ||
| 481 | + | (3) THE DISPOSITION OF CO MPLAINTS SUBMITTED TO THE 21 | |
| 482 | + | COMMISSION REGARDING A CLINICAL STAFFING COMMITTEE OR CLINICAL 22 | |
| 483 | + | STAFFING PLAN ; AND 23 | |
| 544 | 484 | ||
| 545 | - | 19–398. 27 | |
| 485 | + | (4) THE ASSOCIATED COSTS FOR CONDUCTING INVES TIGATIONS AND 24 | |
| 486 | + | RESOLVING COMPLAINT S UNDER THIS SUBTITLE . 25 | |
| 546 | 487 | ||
| 547 | - | (A) | |
| 548 | - | COMMISSION SHALL | |
| 549 | - | ||
| 550 | - | ||
| 551 | - | ||
| 488 | + | (C) BEFORE SUBMITTING THE REPORT REQUIRED UNDER SUBSE CTION (A) 26 | |
| 489 | + | OF THIS SECTION , THE COMMISSION SHALL CONV ENE A STAKEHOLDER 27 | |
| 490 | + | WORKGROUP CONSISTING OF HOSPITAL ASSOCIAT IONS AND UNIONS 28 | |
| 491 | + | REPRESENTING NURSES OR ANCILLARY MEMBERS OF THE FRONTLINE TEA M FOR 29 | |
| 492 | + | THE PURPOSES OF REVI EWING THE REPORT. 30 | |
| 552 | 493 | ||
| 553 | - | ||
| 554 | - | (B) THE REPORT REQUI RED UNDER SUBSECTION (A) OF THIS SECTION 1 | |
| 555 | - | SHALL INCLUDE , FOR THE IMMEDIATELY PRECEDING CALENDAR Y EAR: 2 | |
| 556 | - | ||
| 557 | - | (1) THE NUMBER OF COMPLAI NTS SUBMITTED TO THE COMMISSION 3 | |
| 558 | - | REGARDING A CLINICAL STAFFING COMMITTEE O R CLINICAL STAFFING PLAN; 4 | |
| 559 | - | ||
| 560 | - | (2) THE NUMBER OF INVESTI GATIONS CONDUCTED BY THE 5 | |
| 561 | - | COMMISSION UNDER § 19–396 OF THIS SUBTITLE; 6 | |
| 562 | - | ||
| 563 | - | (3) THE DISPOSITION OF CO MPLAINTS SUBMITTED T O THE 7 | |
| 564 | - | COMMISSION REGARDING A CLINICAL STAFFING COMMITTEE OR CLINICA L 8 | |
| 565 | - | STAFFING PLAN ; AND 9 | |
| 566 | - | ||
| 567 | - | (4) THE ASSOCIATED COSTS FOR CONDUCTING INVESTIGATIONS AND 10 | |
| 568 | - | RESOLVING COMPLAINTS UNDER THIS SUBTITLE . 11 | |
| 569 | - | ||
| 570 | - | (C) BEFORE SUBMITTING THE REPORT REQUIRED UNDE R SUBSECTION (A) 12 | |
| 571 | - | OF THIS SECTION , THE COMMISSION SHALL CONV ENE A STAKEHOLDER 13 | |
| 572 | - | WORKGROUP CONSISTING OF HOSPITAL ASSOCIAT IONS AND UNIONS 14 | |
| 573 | - | REPRESENTING NURSES OR ANCILLARY MEMBERS OF THE FRONT LINE TEAM FOR 15 | |
| 574 | - | THE PURPOSES OF REVI EWING THE REPORT . 16 | |
| 575 | - | ||
| 576 | - | SECTION 2. AND BE IT FURTHER ENACTED, That each hospital shall establish 17 | |
| 577 | - | a clinical staffing committee as required under § 19–310.4 of the Health – General Article, 18 | |
| 578 | - | as enacted by Section 1 of this Act, on or before January 1, 2025. 19 | |
| 579 | - | ||
| 580 | - | SECTION 3. AND BE IT FURTHER ENACTED, That each clinical staffing 20 | |
| 581 | - | committee shall develop a clinical staffing plan as required under § 19–310.4 of the 21 | |
| 582 | - | Health – General Article, as enacted by Section 1 of this Act, on or before July 1, 2025. 22 | |
| 583 | - | ||
| 584 | - | SECTION 2. 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 23 | |
| 585 | - | October 1, 2024. 24 | |
| 586 | - | ||
| 587 | - | ||
| 588 | - | ||
| 589 | - | Approved: | |
| 590 | - | ________________________________________________________________________________ | |
| 591 | - | Governor. | |
| 592 | - | ________________________________________________________________________________ | |
| 593 | - | Speaker of the House of Delegates. | |
| 594 | - | ________________________________________________________________________________ | |
| 595 | - | President of the Senate. | |
| 494 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 31 | |
| 495 | + | October 1, 2024. 32 |