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Bill Detail: HB22-1401

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Title Hospital Nurse Staffing Standards
Status Governor Signed (05/18/2022)
Bill Subjects
  • Labor & Employment
House Sponsors K. Mullica (D)
Senate Sponsors D. Moreno (D)
House Committee Health and Insurance
Senate Committee State, Veterans and Military Affairs
Date Introduced 04/26/2022
Summary

The bill requires every hospital to establish, by September 1, 2022,
a nurse staffing committee pursuant to rules promulgated by the state
board of health, either by creating a new committee or assigning the nurse
staffing functions to an existing hospital staffing committee. The nurse
staffing committee is required to create, implement, and evaluate a nurse
staffing plan and to receive, track, and resolve complaints and receive

feedback from direct-care nurses and other staff.
The bill requires a hospital to:
  • Submit the nurse staffing plan to the department of public
health and environment (department) on an annual basis;
  • Post the nurse staffing plan on the hospital's website;
  • Evaluate the nurse staffing plan on a quarterly basis and,
based on complaints and recommendations of patients and
staff, revise the nurse staffing plan accordingly; and
  • Prepare a quarterly report containing the details of the
evaluation.
The bill prohibits a hospital from assigning direct-care providers
to a nursing unit or clinical area of a hospital unless the providers are
properly trained in the unit or area assigned.
On or before September 1, 2022, in a form and manner determined
by rules promulgated by the state board of health, each hospital is
required to report:
  • The baseline number of beds the hospital is able to staff;
and
  • The hospital's current bed capacity.
If the hospital's ability to meet staffed-bed capacity falls below
80% of the required baseline in a specified period, the hospital is required
to notify the department and submit a plan to meet that requirement.
The bill requires the department to notify a hospital if the hospital's
number of staffed beds exceeds 80% of a hospital's total licensed beds
and fine the hospital if the hospital does not take corrective action.
Each hospital is required to update its emergency plan at least
annually and as often as necessary, as circumstances warrant.
The bill authorizes the department to fine a hospital up to $10,000
per day for the hospital's failure to:
  • Meet the required staffed-bed capacity;
  • Include the amount of necessary vaccines for
administration in its annual emergency plan and have the
vaccines available at each of its facilities; and
  • Include the necessary testing capabilities available at each
of its facilities.
The bill grants rule-making authority to the department and to the
state board of health.
The bill requires the department to report certain data to its
committee of reference as part of its presentation at the hearing held
pursuant to the State Measurement for Accountable, Responsive, and
Transparent (SMART) Government Act.
The bill requires the office of saving people money on health care
in the office of the lieutenant governor to study:
  • The level of preparedness of health facilities to respond to
post-viral illness resulting from the COVID-19 virus;
  • The effects of post-viral illness resulting from the
COVID-19 virus on the mental, behavioral, and physical
health and the financial security of the people of Colorado;
and
  • The effects of the COVID-19 pandemic on the cost of
health care in Colorado and on the resiliency of Colorado's
public health system.

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Fiscal Notes Fiscal Notes (05/04/2022) (most recent)  
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