ANA and Two State Affiliates File Lawsuit Against U.S. Dept. of HHS for Inadequate Nurse Staffing in Hospitals
EMBARGOED UNTIL:
Noon, June 15, 2006
CONTACT:
Catherine Sebold, (ANA) 301-628-5198,
Judy Huntington, (WSNA) 206-575-7979 ext 3002 (Available 6/15, 6/16, 6/17, 6/18),
Lola Fehr, (NYSNA) 518-782-9400, ext. 201 (Available 6/15, 6/16),
Mark Genovese, (NYSNA) 518-782-9400 ext 353 (Available 6/16),
Nancy Webber (NYSNA) 518-782-9400 ext 223 (Available 6/19 and beyond).
Majority of Medicare Hospitals not Required to Meet Staffing Standards Set by Federal Law
SILVER SPRING, MD The American Nurses Association (ANA), the New York State Nurses Association (NYSNA) and the Washington State Nurses Association (WSNA) filed a lawsuit in U.S. District Court against the Department of Health and Human Services (HHS) today to remedy violations of law that require minimum standards for participation in the federal Medicare program. Specifically, the groups claim that HHS allows hospitals that fail to meet federal nurse staffing requirements to participate in Medicare, thereby endangering patients.
The groups also seek to prevent HHS from allowing the private, nonprofit Joint Commission on Accreditation of Healthcare Organizations (JCAHO), which accredits 82% of all hospitals, to use its own, minimal standards for nurse staffing in its accreditation of hospitals. According to the lawsuit, HHS has “unlawfully delegated its authority to JCAHO” by allowing it to use standards that are not equivalent to standards set by HHS for participation in the Medicare program. The lawsuit seeks a court order to require that HHS assures that JCAHO uses standards that are “at least equivalent” to HHS standards.
HS and JCAHO guidelines both include requirements for nurse supervisory personnel. But HHS requirements also call for:
- Nurse staffing levels that ensure the “immediate availability” of a registered nurse (RN) for the bedside care of any patient;
- Staffing schedules that are reviewed and revised to meet patient care needs and make adjustments for nursing staff absenteeism.
According to the lawsuit, JCAHO’s standards are “devoid” of any requirements for the immediate availability of nurses to provide bedside care to patients and also do not address with sufficient specificity the requirements of staffing plans.
Hospitals may participate in the Medicare program either through JCAHO accreditation or through accreditation by a state agency approved by HHS. A 2004 U.S. Government Accounting Office (GAO) report concluded that JCAHO had “unacceptable performance” in identifying hospitals that did not comply with Medicare requirements. Prior to 2006, JCAHO accreditation surveys were scheduled. The GAO acknowledged that by conducting unannounced surveys beginning this year, the group would likely improve its performance.
"Our goal is not to indict individual CEOs of hospitals, but instead to ensure that hospitals participating in Medicare do not endanger the health and well-being of patients," said Barbara A. Blakeney, MS, RN, President of the American Nurses Association. “This lawsuit will make HHS accountable for ensuring that JCAHO meets the standards set out in federal law.”
The lawsuit asks the Court to order the following actions to prompt adherence to HHS regulations while ensuring continuing access to health care services:
- Require HHS to comply with the registered nurse staffing regulation;
- Require HHS to designate provisional approval of hospitals that rely on JCAHO accreditation for participation in the Medicare program.
As part of the lawsuit, the New York State Nurses Association and the Washington State Nurses Association claim that hospitals in both states have failed to hire and assign enough nurses to meet HHS standards for participation in Medicare and this failure has resulted in nurses working in situations that “jeopardize the health and safety” of nurses and patients.
“Sufficient nurse staffing is inherently linked to the health and safety of patients and nurses. It is critical that hospitals maintain a work environment that provides the necessary numbers of RNs to deliver safe, quality care to all patients,” said Kim Armstrong, BSN, RN, President of the Washington State Nurses Association.
“The number of Medicare patients is increasing at the same time nurse staffing shortages are growing. This is a dangerous combination. It is critical that hospitals adhere to the highest possible nurse staffing standards for the sake of nurses and patients,” said Verlia Brown, MA, RN,C President of the New York State Nurses Association.
The American Nurses Association is based in Silver Spring, Maryland. It represents the interests of the nation’s 2.9 million registered nurses. The New York State Nurses Association, based in Latham, NY, and the Washington State Nurses Association, based in Seattle, WA, are constituents of the ANA.
The ANA is the only full-service professional organization representing the nation's 2.9 million registered nurses through its 54 constituent member nurses associations. The ANA advances the nursing profession by fostering high standards of nursing practice, promoting the rights of nurses in the workplace, projecting a positive and realistic view of nursing, and by lobbying the Congress and regulatory agencies on health care issues affecting nurses and the public.