Nurse-to-patient ratio bill gets first hearing

January 17, 2023

Entering the second week of this year’s legislative session, important bills are beginning to receive hearings, including SB 5236 mandating nurse-to-patient ratios and SB 5103 on funding for difficult-to-discharge patients.

SB 5236: Concerning hospital staffing standards

WSHA strongly opposes SB 5236, which creates nurse-to-patient ratios. We are deeply concerned about the negative impacts to patient access that will result from this bill. This bill is very similar to E2SHB 1868 from the 2022 legislative session, which passed the House. One crucial difference between last session and 2023 is instead of enacting ratios in statute, the bill directs the Department of Labor & Industries to set ratios through rulemaking. The ratios would be developed by Jan. 1, 2027, and hospitals would be required to follow them by July 1, 2027. It also changes the mandatory prescheduled on-call cap from 24 hours per week to 60 hours per month.

The Senate Committee on Labor & Commerce will hold a public hearing on SB 5236 at 10:30 a.m. Tuesday, Jan. 17, and WSHA will testify in opposition. Please help make your voice heard and sign in opposed to this bill! Watch this video to learn how to sign in against the bill and then sign in here through the Legislature’s website. (Ashlen Strong)

SB 5103: Concerning payment to acute care hospitals for difficult to discharge Medicaid patients

WSHA strongly supports SB 5103, which changes the payment methodology for patients unable to be discharged from the hospital. Specifically, the bill would change the payment method from a daily per diem rate amount based on average payment for skilled nursing facilities to a new methodology based on a proportion of the hospital’s actual direct cost of care for these patients. This bill illuminates the ongoing challenge hospitals face with difficult-to-discharge patients, as hospitals receive very little or no reimbursement to cover the cost of their care.

The Senate Committee on Health & Long Term Care will hold a public hearing on SB 5103 at 8 a.m. Tuesday, Jan. 17. WSHA’s input played a key role in crafting this legislation, and we will testify in support. The Senate Committee on Health & Long Term Care will also hold a work session during this meeting to discuss difficult to discharge patients. (Andrew Busz)

HB 1035: Prohibiting health care entities from restricting the provision of certain health care services by health care providers

WSHA strongly opposes HB 1035, which has the effect of restricting and preventing hospitals from establishing safety, quality, credentialing, privileging and standards of care. Specifically, the bill contains language from HB 1608 from the 2021 legislative session, stating that hospitals cannot limit providers’ referrals of timing of referrals (as the proposed language would have issues with antikickback laws, among others). The bill also states hospitals cannot prohibit providers from “providing health services in cases in which failure to provide would pose a serious risk to an individual’s life or health or would violate the standard of care” (which is duplicative, unnecessary and confusing language). The House Committee on Health Care & Wellness will hold a public hearing on HB 1035 at 1:30 p.m. Tuesday, Jan. 17, and WSHA will testify in opposition. (Zosia Stanley)

Legislative Session Kickoff webinar rescheduled for Jan. 18

Our Legislative Session Kickoff webinar from 10-11 a.m. Wednesday, January 18. This members-only webinar will cover what to expect during the 2023 legislative session and give an overview of WSHA’s legislative priorities and hot topics. It will also include an opportunity to ask questions of WSHA’s Government Affairs leaders. Register now!

WSHA Weighing In: Jan. 16-20

WSHA is weighing in on the following bills this week:

Monday, Jan. 16

  • House Education

Tuesday, Jan. 17

  • House Environment & Energy
    • HB 1131: Improving Washington’s solid waste management outcomes. (Remy Kerr)
  • House Health Care & Wellness
    • HB 1035: Prohibiting health care entities from restricting the provision of certain health care services by health care providers. See article above. (Zosia Stanley)
    • HB 1168: Providing prevention services, diagnoses, treatment, and support for prenatal substance exposure. (Cara Helmer)
    • HB 1242: Creating a behavioral health work group to study the root causes of rising behavioral health issues in Washington communities. (Cara Helmer)
  • Senate Health & Long Term Care
    • SB 5103: Concerning payment to acute care hospitals for difficult to discharge medicaid patients. See article above. (Andrew Busz)
    • SB 5122: Extending the expiration date of the ambulance transport fund. (Andrew Busz)
  • House Labor & Workplace Standards
    • HB 1197: Defining attending provider and clarifying other provider functions for workers’ compensation claims, and adding psychologists as attending providers for mental health only claims. (Remy Kerr)
  • Senate Environment, Energy & Technology
    • SB 5154: Improving Washington’s solid waste management outcomes. (Remy Kerr)
  • Senate Labor & Commerce
    • SB 5236: Concerning hospital staffing standards. See article above. (Ashlen Strong)
  • Senate Law & Justice

Wednesday, Jan. 18

  • House Civil Rights & Judiciary
    • HB 1187: Concerning privileged communication between employees and the unions that represent them. (Cara Helmer)

Thursday, Jan. 19

  • Senate Health & Long Term Care
    • SB 5095: Creating the “parks Rx” health and wellness pilot programs. (Andrew Busz)
    • SB 5097: Creating an advisory council on rare diseases. (Zosia Stanley)
    • SB 5189: Establishing behavioral health support specialists. (Cara Helmer)

Friday, Jan. 20

  • House Health Care & Wellness
  • House Labor & Workplace Standards
    • HB 1200: Requiring public employers to provide employee information to exclusive bargaining representatives. (Remy Kerr)

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