ANA Legal Action On Safe Nurse Staffing
The American Nurses Association (ANA) has filed several lawsuits against various government agencies and institutions over the past couple of years to fight for safe staffing legislation.
On October 10, 2007, ANA and its state affiliate ANA/California filed a lawsuit in the Superior Court of the State of California against the California Department of Education in support of adequate RN to student ratios to stop the California school system from allowing unlicensed volunteer school personnel to administer insulin to students.
Also, ANA, the New York State Nurses Association (NYSNA) and the Washington State Nurses Association (WSNA) filed a lawsuit in June of 2006 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 (the Joint Commission), 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 the Joint Commission" 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 the Joint Commission uses standards that are "at least equivalent" to HHS standards.
According to the lawsuit, the Joint Commission'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.
Resources
- ANA and Two State Affiliates File Lawsuit Against U.S. Dept. of HHS for Inadequate Nurse Staffing in Hospitals
- The American Nurses Association, the New York State Nurses Association, and the Washington State Nurses Association filed a lawsuit in June 2006 against the Department of Health and Human Services (HHS). The groups claim 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 Joint Commission on Accreditation of Healthcare Organizations (JCAHO) to use its own, minimal standards for nurse staffing in its accreditation of hospitals.
- The American Nurses Association, ANA/California File Lawsuit Against the California Department of Education [pdf]
- The American Nurses Association Advocates for Daily Availability of School Nurses for Children [pdf]
- How to Make Complaints to the Joint Commission (JCAHO) About RN Safe Staffing, When Short-Staffing Endangers Patients
- Get info on the Joint Commission on the Accreditation of Healthcare Organizations' ability to investigate safe nurse staffing issues, and JCAHO contact information.
- Second Amendment Complaint [pdf]
- ANA's Proposed Revisions to Joint Commission Standards [pdf]