Governmental Affairs

ASPAN Governmental Affairs Update August 2001

California Rally

· Thousands of RNs are expected to rally on the West Steps of the Capitol in Sacramento on September 6 in support of the California Nurses Association's (CNA) proposed nurse-to-patient ratios
· The CNA-sponsored Safe Staffing Law, AB 394 is the first such law in the nation--it directs the state Department of Health Services (DHS) to establish minimum, specific nurse-to-patient ratios for California hospitals
· DHS is expected to release the proposed ratios within the next few weeks, followed by a period of public comment, in time for their implementation on January 1, 2002
· The rally will feature a special guest speaker from Victoria, Australia where minimum ratios were adopted last year--since then, Victoria has seen an increase of 10% in nurses returning to work in hospitals or signing up for refresher courses to return to the bedside
· Contact: Liz Jacobs, RN, 510-273-2232 or Charles Idelson, 510-273-2246
· www.nurses.com

NYSNA Elected By Nurses At Franklin Hospital

· The New York State Nurses Association (NYSNA) has been overwhelmingly elected by RNs at Franklin Hospital Medical Center to be their collective bargaining representative
· The nurses sought union representation because of:
· Low RN staffing--which has caused the frustrated nurses to work unpaid overtime and handle more patients than they feel is safe
· An inequitable salary structure that did little to reward veteran nurses for years of dedicated service and was not competitive with area hospitals
· Most important--their desire to have a voice in the decisions that affect their own practice and their ability to care for their patients
· The next step will be to draw up a set of rules for the bargaining unit, elect officers, form committees, and develop proposals for a first contract
· NYSNA already represents RNs at several Nassau County health care facilities
· With more than 33,000 members, NYSNA is the leading organization for RNs in NY state and is one of the largest representatives of RNs for collective bargaining in the nation
· www.nurses.com

Bills/Resolutions Updates

Patients' Bill of Rights

· On August 2 the House approved a modified version of a bipartisan patients' bill of rights--this handed President Bush a major victory
· Members approved the bill 226 to 203, after approving, by a vote of 218 to 213, an amendment rewriting the bill's sections on health plan liability to reflect a deal cut between President Bush and Representative Charlie Norwood (R-GA)
· That deal would allow patients injured or killed by care denials to sue health plans in state court, but under federal rules, with damage caps of $1.5 million each on non-economic and punitive damages
· Punitive damages would be available only if a health plan fails to comply with a decision by an external appeals panel
· Norwood defended the deal, which he made without the knowledge of his cosponsors and allies--"I worked long and hard for 4 years against caps because we had a president who wouldn't sign a bill with caps," he said--"Now we have a president who says he will veto a bill without caps."
· "I think our colleagues are deluding themselves if they think they can force a bill down the president's throat," Norwood said
· His former compatriots said Norwood made a bad bargain--under the deal, "the presumption is the HMO is right and you have to prove them wrong," said Rosa DeLauro (D-CT)
· Ben Cardin (D-MD) said, "It's not a compromise. It's a complete victory for those who want to do nothing."
· The liability sections will not be the only issues for a House-Senate conference that will convene when members return from their month-long summer recess
· House members also approved 236 to 194 an amendment to expand access to tax-preferred Medical Savings Accounts and allow creation of "association health plans" that would let organizations sponsor insurance coverage outside state coverage mandates
· Members also defeated an amendment to reform the nation's medical malpractice laws, including a $250,000 cap on non-economic damages
· The AMA, which supports malpractice reforms, had asked that members not include the measure in the patients' rights bill lest it complicate negotiations with the Senate, which has not in the past been willing to deal with the issue
· www.nurses.medscape.com/reuters/prof/2001/08/08.06/20010803leg001.html

S. 839/H.R. 1556 The American Hospital Preservation Act

· S. 839 Latest Major Action: Referred to Senate Finance Committee
· H.R. 1556 Latest Major Action: Referred to House Subcommittee on Health

All other bills/resolutions unchanged from the last update