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Legislative Update

Spring, 2003

AASCIN Professional Issues Committee

 

 

Bill Limits Mandatory Overtime

 

            The use of forced overtime for nurses by health care facilities has contributed to the exodus of nurses. Mandatory or unplanned overtime occurs in 67% of health care organizations every month, according to a recent American Nurses Association (ANA) health and safety survey. ANA has worked with members of Congress to draft legislation that recognizes that mandatory overtime is unsafe for patients and nurses.

            Representative Pete Stark (D-CA) and Senator Edward Kennedy (D-MA) have introduced legislation in the 108th Congress that strictly limits the use of mandatory overtime. Nurses at facilities receiving Medicare funding would not be required to work beyond 12 hours in a 24 hour period or for more than 80 hours in a two-week period.  The bill includes nondiscrimination protections and an exception for emergency situations. To read the Safe Nursing and Patient Care Act, go to the Library of Congress legislative web site at http://thomas.loc.gov/ and search for S 373 or HR 745.

 

 

Saving Rancho Los Amigos

 

            One of the top ten ranked rehabilitation facilities in the United States may be forced to close on June 30. Rancho Los Amigos National Rehabilitation Center in Downey, California has been a leader in spinal cord and brain injury rehabilitation clinical practice and research for decades.  As a Los Angeles County government facility, it faces closure by the Board of Supervisors as a result of a health care budget crisis that's affecting many state and local governments around the country. The currently debated funding plan proposed by the California Community Foundation (CCF) calls for conversion of Rancho to a private, nonprofit hospital. For a summary of the CCF proposal go to

 http://www.calfund.org/3/single_release_3.1.1.35.php.

The disability rights community has petitioned the federal court to halt the closure. Check out the latest news on the blight of Rancho in the Los Angeles Times at http://www.latimes.com/news/printedition/opinion/la-ed-rancho4may04,1,3817499.story .

 

 

Unannounced Joint Commission Surveys

 

            By 2006, the Joint Commission on Accreditation of Healthcare Organizations (JCAHO) will begin unannounced surveys as part of all accreditation visits. Pilot testing will occur over the next two years. See the JCAHO press release for more details on this upcoming change at  http://www.jcaho.org/news+room/latest+news+release

/unannounced+surveys.htm.

 

 

 

Rob Rayner, BSN RN CRRN

Graduate Student

University of Washington

 

CDC Announces Additional Exclusion Criteria

For Smallpox Vaccination Program

 

The Centers for Disease Control and Prevention (CDC) has informed states that it is recommending that persons be excluded from the pre-event smallpox vaccination program who have known underlying heart disease, with or without symptoms, or if they have three or more known major cardiac risk factors -- hypertension, diabetes, hypercholesterolemia (high cholesterol) and smoking. This action was recommended by the Advisory Committee on Immunization Practices (ACIP) in response to several cases of cardiac adverse events that have been reported following smallpox vaccination.  For more details, visit http://www.bt.cdc.gov/agent/smallpox/index.asp

 

Budget Deal Eliminates Medicaid Cuts From '04 Budget

 

House and Senate Republican leaders last night agreed on a final budget resolution for fiscal year 2004 that excludes an estimated $93 billion in proposed cuts to the Medicaid program. "Coming on the heels of our successful efforts to eliminate nearly $200 billion in Medicare cuts that had originally been in the budget resolution, it is clear that Congress felt the pressure not to back away from its commitment to the elderly, the poor, the disabled and those who care for them, especially at a time when states are targeting Medicaid as they cope with unprecedented budgetary pressures," said the American Hospital Association. The House passed the agreed-upon final budget resolution early this morning, but its future in the Senate is less certain.  The Senate is scheduled to vote on it today; if the budget does not pass the Senate today, or the Senate leaves for Easter recess without voting on it, Congress heads into a two-week recess with the budget picture still unclear.  (SOURCE: AHA News Now Advocacy Update, April 11, 2003)  Visit http://www.medicaid.com

 

 

Millions of Americans Living with Paralysis Provided Hope with

 Introduction of the Christopher Reeve Paralysis Act of 2003

 

Christopher Reeve came to Capitol Hill this month to voice his support for legislation that could significantly improve the quality of life for millions of Americans living with paralysis.  The Christopher Reeve Paralysis Act of 2003 is first-of-its-kind federal legislation that calls for new funding to advance research, rehabilitation and quality of life programs that will benefit persons living with paralysis, their caregivers and their families.  

If enacted, this bi-partisan legislation would authorize additional funding for paralysis research at the National Institutes of Health (NIH) through the National Institutes of Neurological Disorders and Stroke (NINDS), as well as expand rehabilitation research activities through the National Center for Medical Rehabilitation Research (NCMRR).  In addition, the legislation would authorize the CDC to carry out projects and interventions to improve the quality of life and the long-term health of persons living with paralysis and other physical disabilities, and would expand research programs on paralysis within the Department of Veterans Affairs.  Lead co-sponsors include U.S. Congressman Michael Bilirakis (R-FL), U.S. Congressman Sherrod Brown (D-OH), U.S. Senator Tom Harkin (D-IA) and U.S. Senator Arlen Specter (R-PA). The four component are:

1) It advances cutting-edge medical research at the National Institutes of Health (NIH) through the establishment of grants to a consortia of research centers;

2) It establishes a Paralysis Clinical Trials Network and will design rehabilitation interventions for people with paralysis through the National Center for Medical Rehabilitation Research (NCMR).

3) It calls for The Centers for Disease Control and Prevention (CDC) to carry out projects and interventions to improve the quality of life and long-term health status of persons with paralysis and other physical disabilities. CDC programs will focus on caregiver education, physical activity, prevention of secondary complications, and will coordinate services to help remove environmental barriers;
4) It expands basic rehabilitation and health sciences research through the activities of the Veterans Health Administration. A Paralysis Research, Education and Clinical Care Centers (RECCs) and Consortia will be established to focus on basic paralysis biomedical research, rehabilitation research, health services and clinical trials for paralysis.  The bill will also establish Quality Enhancement Research Initiatives (QERIs) to identify best practices and define outcome measurements associated with paralysis and improve health-related quality of life.

For more information:  visit the web site:  www.christopherreeve.org

 

 

 

Verena Briley-Hudson MN, RN

Director, Chicago Regional Office of Healthcare Inspections

Department of Veterans Affairs, Hines, IL

 

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