[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3415 Introduced in House (IH)]

<DOC>






119th CONGRESS
  1st Session
                                H. R. 3415

    To amend the Public Health Service Act to establish direct care 
 registered nurse-to-patient staffing ratio requirements in hospitals, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 14, 2025

 Ms. Schakowsky (for herself, Mr. Doggett, Mr. Cohen, Ms. Norton, Mr. 
 Casar, Ms. Brownley, Ms. Kelly of Illinois, Mr. Quigley, Mr. Khanna, 
Ms. Bonamici, Mr. Huffman, Ms. Ocasio-Cortez, Mr. Krishnamoorthi, Mrs. 
McIver, Ms. Jayapal, Ms. Chu, Ms. Tlaib, and Ms. Titus) introduced the 
   following bill; which was referred to the Committee on Energy and 
  Commerce, and in addition to the Committee on Ways and Means, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
    To amend the Public Health Service Act to establish direct care 
 registered nurse-to-patient staffing ratio requirements in hospitals, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS; FINDINGS.

    (a) Short Title.--This Act may be cited as the ``Nurse Staffing 
Standards for Hospital Patient Safety and Quality Care Act of 2025''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents; findings.
Sec. 2. Minimum direct care registered nurse staffing requirement.
Sec. 3. Enforcement of requirements through Federal programs.
Sec. 4. Nurse workforce initiative.
    (c) Findings.--Congress finds the following:
            (1) The Federal Government has a substantial interest in 
        promoting quality care and improving the delivery of health 
        care services to patients in health care facilities in the 
        United States.
            (2) Recent changes in health care delivery systems that 
        have resulted in higher acuity levels among patients in health 
        care facilities increase the need for improved quality measures 
        in order to protect patient care and reduce the incidence of 
        medical errors.
            (3) Inadequate and poorly monitored registered nurse 
        staffing practices that result in too few registered nurses 
        providing direct care jeopardize the delivery of quality health 
        care services.
            (4) Numerous studies have shown that patient outcomes are 
        directly correlated to direct care registered nurse staffing 
        levels, including a 2010 Health Services Research study that 
        concluded that implementation of minimum nurse-to-patient 
        staffing ratios in California has led to improved patient 
        outcomes and nurse retention and a 2014 Agency for Healthcare 
        Research and Quality study that concluded increases in nurse 
        staffing and skill mix lead to improved quality and reduced 
        length of stay at no additional cost.
            (5) Requirements for direct care registered nurse staffing 
        ratios will help address the registered nurse shortage in the 
        United States by aiding in recruitment of new registered nurses 
        and improving retention of registered nurses who are 
        considering leaving direct patient care because of demands 
        created by inadequate staffing.
            (6) Establishing adequate minimum direct care registered 
        nurse-to-patient ratios that take into account patient acuity 
        measures will improve the delivery of quality health care 
        services and guarantee patient safety.
            (7) Establishing safe staffing standards for direct care 
        registered nurses is a critical component of assuring that 
        there is adequate hospital staffing at all levels to improve 
        the delivery of quality care and protect patient safety.

SEC. 2. MINIMUM DIRECT CARE REGISTERED NURSE STAFFING REQUIREMENT.

    (a) Minimum Direct Care Registered Nurse Staffing Requirements.--
The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by 
adding at the end the following new title:

     ``TITLE XXXIV--MINIMUM DIRECT CARE REGISTERED NURSE STAFFING 
                              REQUIREMENT

``SEC. 3401. MINIMUM NURSE STAFFING REQUIREMENT.

    ``(a) Staffing Plan.--
            ``(1) In general.--A hospital shall implement a staffing 
        plan that--
                    ``(A) provides adequate, appropriate, and quality 
                delivery of health care services and protects patient 
                safety; and
                    ``(B) is consistent with the requirements of this 
                title.
            ``(2) Effective dates.--
                    ``(A) Implementation of staffing plan.--Subject to 
                subparagraph (B), the requirements under paragraph (1) 
                shall take effect on a date to be determined by the 
                Secretary, but not later than 1 year after the date of 
                the enactment of this title.
                    ``(B) Application of minimum direct care registered 
                nurse-to-patient ratios.--The requirements under 
                subsection (b) shall take effect as soon as 
                practicable, as determined by the Secretary, but not 
                later than--
                            ``(i) 2 years after the date of enactment 
                        of this title; and
                            ``(ii) in the case of a hospital in a rural 
                        area (as defined in section 1886(d)(2)(D) of 
                        the Social Security Act), 4 years after the 
                        date of enactment of this title.
    ``(b) Minimum Direct Care Registered Nurse-to-Patient Ratios.--
            ``(1) In general.--Except as provided in paragraph (4) and 
        other provisions of this section, a hospital's staffing plan 
        shall provide that, at all times during each shift within a 
        unit of the hospital, and with a full complement of ancillary 
        and support staff, a direct care registered nurse may be 
        assigned to not more than the following number of patients in 
        that unit:
                    ``(A) One patient in trauma emergency units.
                    ``(B) One patient in operating room units, provided 
                that a minimum of 1 additional person serves as a scrub 
                assistant in such unit.
                    ``(C) Two patients in critical care units, 
                including neonatal intensive care units, emergency 
                critical care and intensive care units, labor and 
                delivery units, coronary care units, acute respiratory 
                care units, postanesthesia units, and burn units.
                    ``(D) Three patients in emergency room units, 
                pediatrics units, stepdown units, telemetry units, 
                antepartum units, and combined labor, deliver, and 
                postpartum units.
                    ``(E) Four patients in medical-surgical units, 
                intermediate care nursery units, acute care psychiatric 
                units, and other specialty care units.
                    ``(F) Five patients in rehabilitation units and 
                skilled nursing units.
                    ``(G) Six patients in postpartum (3 couplets) units 
                and well-baby nursery units.
            ``(2) Similar units with different names.--The Secretary 
        may apply minimum direct care registered nurse-to-patient 
        ratios established in paragraph (1) for a hospital unit 
        referred to in such paragraph to a type of hospital unit not 
        referred to in such paragraph if such type of hospital unit 
        provides a level of care to patients whose needs are similar to 
        the needs of patients cared for in the hospital unit referred 
        to in such paragraph.
            ``(3) Application of ratios to hospital nursing practice 
        standards.--
                    ``(A) In general.--A patient assignment may be 
                included in the calculation of the direct care 
                registered nurse-to-patient ratios required in this 
                subsection only if care is provided by a direct care 
                registered nurse and the provision of care to the 
                particular patient is within that direct care 
                registered nurse's competence.
                    ``(B) Demonstration of unit-specific competence.--A 
                hospital shall not assign a direct care registered 
                nurse to a hospital unit unless that hospital 
                determines that the direct care registered nurse has 
                demonstrated current competence in providing care in 
                that unit, and has also received orientation to that 
                hospital's unit sufficient to provide competent care to 
                patients in that unit.
                    ``(C) Duties of the assigned direct care registered 
                nurse.--Each patient shall be assigned to a direct care 
                registered nurse who shall directly provide the 
                assessment, planning, supervision, implementation, and 
                evaluation of the nursing care provided to the patient 
                at least every shift and has the responsibility for the 
                provision of care to a particular patient within his or 
                her scope of practice.
                    ``(D) Nurse administrators and supervisors.--A 
                registered nurse who is a nurse administrator, nurse 
                supervisor, nurse manager, charge nurse, case manager, 
                or any other hospital administrator or supervisor, 
                shall not be included in the calculation of the direct 
                care registered nurse-to-patient ratio unless that 
                nurse has a current and active direct patient care 
                assignment and provides direct patient care in 
                compliance with the requirements of this section, 
                including competency requirements. The exemption in 
                this subsection shall apply only during the hours in 
                which the individual registered nurse has the principal 
                responsibility of providing direct patient care and has 
                no additional job duties as would a direct care 
                registered nurse.
                    ``(E) Other personnel.--Other personnel may perform 
                patient care tasks based on their training and 
                demonstrated skill but may not perform or assist in 
                direct care registered nurse functions unless 
                authorized to do in accordance with State scope of 
                practice laws and regulations.
                    ``(F) Temporary nursing personnel.--A hospital 
                shall not assign any nursing personnel from temporary 
                nursing agencies patient care to any hospital unit 
                without such personnel having demonstrated competence 
                on the assigned unit and received orientation to that 
                hospital's unit sufficient to provide competent care to 
                patients in that unit.
                    ``(G) Ancillary and additional staffing.--The need 
                for additional staffing of direct care registered 
                nurses, licensed vocational or practical nurses, 
                licensed psychiatric technicians, certified nursing or 
                patient care assistants, or other licensed or 
                unlicensed ancillary staff above the minimum registered 
                nurse-to-patient ratios shall be based on the 
                assessment of the individual patient's nursing care 
                requirement, the individual patient's nursing care 
                plan, and acuity level.
            ``(4) Restrictions.--
                    ``(A) Prohibition against averaging.--A hospital 
                shall not average the number of patients and the total 
                number of direct care registered nurses assigned to 
                patients in a hospital unit during any 1 shift or over 
                any period of time for purposes of meeting the 
                requirements under this subsection.
                    ``(B) Prohibition against imposition of mandatory 
                overtime requirements.--A hospital shall not impose 
                mandatory overtime requirements to meet the hospital 
                unit direct care registered nurse-to-patient ratios 
                required under this subsection.
                    ``(C) Relief during routine absences.--A hospital 
                shall ensure that only a direct care registered nurse 
                who has demonstrated current competence to the hospital 
                in providing care on a particular unit and has also 
                received orientation to that hospital's unit sufficient 
                to provide competent care to patients in that unit may 
                relieve another direct care registered nurse during 
                breaks, meals, and other routine, expected absences 
                from a hospital unit.
                    ``(D) Application of direct care registered nurse-
                to-patient ratios in patient-acuity adjustable units.--
                Patients shall be cared for only on units or patient 
                care areas where the direct care registered nurse-to-
                patient ratios meet the level of intensity, type of 
                care, and the individual requirements and needs of each 
                patient. Notwithstanding paragraph (2), hospitals that 
                provide patient care in units or patient care areas 
                that are acuity adaptable or acuity adjustable shall 
                apply the direct care registered nurse-to-patient ratio 
                required in this section for the highest patient acuity 
                level or level of care in that unit or patient care 
                area, and shall comply with all other requirements of 
                this section.
                    ``(E) Use of video monitors.--A hospital shall not 
                employ video monitors or any form of electronic 
                visualization of a patient as a substitute for the 
                direct observation required for patient assessment by 
                the direct care registered nurse or required for 
                patient protection. Video monitors or any form of 
                electronic visualization of a patient shall not be 
                included in the calculation of the direct care 
                registered nurse-to-patient ratio required in this 
                subsection and shall not replace the requirement of 
                paragraph (3)(D) that each patient shall be assigned to 
                a direct care registered nurse who shall directly 
                provide the assessment, planning, supervision, 
                implementation, and evaluation of the nursing care 
                provided to the patient at least every shift and have 
                the responsibility for the provision of care to a 
                particular patient within his or her scope of practice.
                    ``(F) Use of other technology.--A hospital shall 
                not employ technology that substitutes for the assigned 
                registered nurse's professional judgment in assessment, 
                planning, implementation, and evaluation of care.
            ``(5) Adjustment of ratios.--
                    ``(A) In general.--If necessary to protect patient 
                safety, the Secretary may prescribe regulations that--
                            ``(i) increase minimum direct care 
                        registered nurse-to-patient ratios under this 
                        subsection to reduce the number of patients 
                        that may be assigned to each direct care nurse; 
                        or
                            ``(ii) add minimum direct care registered 
                        nurse-to-patient ratios for units not referred 
                        to in paragraphs (1) and (2).
                    ``(B) Consultation.--Such regulations shall be 
                prescribed after consultation with affected hospitals 
                and registered nurses.
            ``(6) Ancillary and additional staffing.--
                    ``(A) In general.--The Secretary may prescribe 
                regulations requiring additional staffing of direct 
                care registered nurses, licensed vocational or practice 
                nurses, licensed psychiatric technicians, certified 
                nursing or patient care assistants, or other licensed 
                or unlicensed ancillary staff above the minimum 
                registered nurse-to-patient ratios that is based on the 
                assessment of the individual patient's nursing care 
                needs, the individual patient's nursing care plan, and 
                acuity level.
                    ``(B) Consultation.--Such regulations shall be 
                prescribed after consultation with affected hospitals, 
                registered nurses, and ancillary staff.
            ``(7) Relationship to state-imposed ratios.--Nothing in 
        this title shall preempt State standards that the Secretary 
        determines to be as stringent as Federal requirements for a 
        staffing plan established under this title. Minimum direct care 
        registered nurse-to-patient ratios established under this 
        subsection shall not preempt State requirements that the 
        Secretary determines are as stringent as to Federal 
        requirements for direct care registered nurse-to-patient ratios 
        established under this title.
            ``(8) Exemption in emergencies.--The requirements 
        established under this subsection shall not apply during a 
        state of emergency if a hospital is requested or expected to 
        provide an exceptional level of emergency or other medical 
        services. If a hospital seeks to apply the exemption under this 
        paragraph in response to a complaint filed against the hospital 
        for a violation of the provisions of this title, the hospital 
        must demonstrate that prompt and diligent efforts were made to 
        maintain required staffing levels. The Secretary shall issue 
        guidance to hospitals that describes situations that constitute 
        a state of emergency for purposes of the exemption under this 
        paragraph and shall establish necessary penalties for 
        violations of this paragraph consistent with section 3406.
    ``(c) Development and Reevaluation of Staffing Plan.--
            ``(1) Considerations in development of plan.--In developing 
        the staffing plan, a hospital shall provide for direct care 
        registered nurse-to-patient ratios above the minimum direct 
        care registered nurse-to-patient ratio