ANA Press Releases

FOR IMMEDIATE RELEASE/March 26, 1997

CONTACT: Sara Foer [202/651-7023]; Joan Meehan [202/651-7020]

ANA Applauds Introduction of Patient Safety Act of 1997

Rep. Hinchey Proposes Legislation to Inform Patients, Protect Nurses

WASHINGTON, D.C. -- The American Nurses Association (ANA) today applauded the introduction of the Patient Safety Act of 1997, federal legislation that aims to ensure that patients receive safe, quality nursing care in hospitals and other health care institutions, and to provide whistle-blower protections for registered nurses (RNs) who speak out about patient care issues. The bill, H.R. 1165, was introduced by Rep. Maurice Hinchey (D-NY) on March 20.

ANA, which worked closely with Rep. Hinchey's office on the bill, lobbied for this legislation in conjunction with its safety and quality initiative. This priority initiative of ANA focuses on the impact of market-driven changes on the safety and quality of patient care. In particular, one of the primary goals of ANA's initiative is to protect consumers by addressing the growing trend whereby hospitals and other health care institutions employ fewer RNs to provide direct patient care, choosing instead to replace nurses with minimally trained, unlicensed personnel.

Nursing budgets have been a prime target for cuts by many hospitals to boost the bottom line. This is occurring despite record double-digit profits for the hospital industry for several years. According to the American Hospital Association (AHA), aggregate hospital profits in 1995 jumped nearly 24% to slightly more than $17 billion, which is a hefty increase over 1994's record-setting $13.8 billion in profits and 1993's $11.7 billion.

The Patient Safety Act of 1997 requires that:

  • health care institutions make public specific information on nurse staffing levels, staff mix, and patient outcomes;
  • "whistle-blower" language be added to Medicare law to protect nurses who report or voice concern about unsafe patient conditions from possible retribution; and,
  • mergers and acquisitions be reviewed by the U.S. Department of Health and Human Services to look at long-range issues related to the health and safety of patients, the community, and employees, and to block any transaction if the Department concludes that there would be a negative impact on health and safety.

"Health care decisions are increasingly driven more by a quest for short-term cost savings and profit than by a commitment to safe, quality patient care," said ANA President Beverly L. Malone, PhD, RN, FAAN. "This legislation lifts the veil of secrecy that keeps hospitals' staffing and outcomes a mystery to patients, gives consumers access to information they need to make informed decisions, and protects nurses who speak out on behalf of safe patient care."

First-hand reports abound about incidents where the quality of care has been jeopardized and, in some cases, where patients have experienced significant harm due to inappropriate care by unlicensed personnel. A prime example of the danger inherent in this "de-skilling" of the hospital work force is the case of Rebecca Strunk, who died following a hysterectomy. In one of the first lawsuits of its kind, Ms. Strunk's family alleged that her death was caused by inappropriate care delivered by unlicensed aides at the Cincinnati hospital where she was treated. In September 1996, the family was awarded a $3 million settlement.

"What we're trying to do in this bill is give people more information about health care and hospital care," said Hinchey. "We in Congress know that the people we represent are deeply concerned about the changes occurring in health care delivery because of cost control pressures. Getting good information about the things that matter to them would start to give people back some of the power they have lost to manage their own care."

Even the hospital industry's own surveys indicate that patients are concerned about the current direction and priorities of the health care system. Qualitative and quantitative research findings from an AHA/Picker Institute survey identified consumers' concerns about the impact of nursing staff decreases and increased use of lesser skilled workers on the quality of care (January 27).

"In today's environment, individuals are not admitted to hospitals unless they require round-the-clock care by professional nurses," said Malone. "The AHA's survey findings show that patients understand the relationship between adequate nurse staffing and good care, yet, those with an eye on the bottom line fail to understand the relationship between good nursing care and cost-effective care. This bill is a critical first step in providing consumers with information they need to make informed choices about health care and hospitals. We hope that the hospital industry will join ANA in championing this bill because doing so will demonstrate to the American public our commitment to protect their health and welfare."

Joining Hinchey as co-sponsors of H.R.1165 are Gary L. Ackerman (D-NY); William Delahunt (D-MA); Ronald V. Dellums (D-CA); Lane Evans (D-IL); Tim Holden (D-PA); Frank R. Mascara (D-PA); John W. Olver (D-MA); Lynn Rivers (D-MI); and Bennie G. Thompson (D-MS). Hinchey introduced similar legislation to the 104th Congress on April 30, 1996.

In addition to federal-level lobbying efforts, state nurses associations continue to lobby for the introduction of state legislation to address these issues. The Kentucky, Massachusetts, New Jersey, New York, Oregon, Pennsylvania, Tennessee, and Washington State nurses associations are in the process of drafting or have already submitted variations of the Patient Safety Act to their state legislatures.

Over the past two years, ANA and its state nurses associations have mounted a highly effective public education campaign, "Every Patient Deserves a Nurse," to increase awareness of the growing trend of reduced registered nurse staffing in hospitals and its impact on the safety and quality of care. Consumers may request a single copy of the campaign brochure by calling 1-800-274-4ANA and request item NP-92.

In addition, ANA has developed a large RN pin so that patients can easily identify their professional care givers. ANA is encouraging all registered nurses to wear this pin every day in their work places and, in particular, on May 6, "National RN Recognition Day," which marks the beginning of National Nurses Week, May 6-12. Furthermore, ANA has spearheaded the development of nursing "report card" efforts, which would identify and promote the use of nursing quality indicators to measure and monitor the quality of health care.


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