Capitol Update, brought to you by the American Nurses Association
 Capitol Update, a legislative newsletter for nurses
Volume 2/Issue Number 4 May 7, 2004
Article Photo DOL Releases Final Overtime Rules, Senate Takes Action to Address Nursing Concerns

On April 23, The Department of Labor (DOL) published the final rule changing the regulations that determine which employees are guaranteed overtime pay. Responding to the over 75,000 comments from a wide array of groups, including the American Nurses Association (ANA) and concerns raised by Members of Congress from both sides of the aisle, the Bush administration has revised its proposed changes to the federal overtime pay rules. However, ANA and others still hold concerns about the impact of the final rule on nursing. In response, the Senate acted on May 4, passing bipartisan amendments to protect nurses and other workers from potential loss of overtime pay.

ANA Endorses the SHARE Act

The recent case of Charles Cullen, a registered nurse who claimed responsibility for as many as 40 patient murders in 10 medical facilities in New Jersey and Pennsylvania has led to a call for a reliable, national reporting mechanism for licensed health care professionals. In response, ANA worked with New Jersey Senators John Corzine and Frank Lautenberg to develop the SHARE Act (S 2341). The bill would provide reliable, nationwide access to information regarding adverse actions taken against RNs while at the same time, establishing real due process protections to nurses who are suspected of violating state or federal law and granting vital whistleblower protections to nurses who report actions that violate state and federal law.

ANA Appropriations Request Receives Congressional Support

Forty-one Senators and 123 members of the House of Representatives recently signed letters of support for a $63 million increase in funding for nursing workforce development. This ANA-supported proposed increase would bring the total level of funding up to $205 million for fiscal year (FY) 2005. These letters demonstrate the largest bipartisan support for increased funding for nursing recruitment and retention to date.

Keeping Track...Medicare Discount Drug Card Program

Republican and Democratic lawmakers this week met with constituents nationwide to discuss the new Medicare prescription drug discount card program, which began enrolling beneficiaries on Monday, May 3, 2004. The program, established as part of the new Medicare law, makes discount cards available to beneficiaries who do not have prescription drug coverage through Medicaid. Companies that offer the discount cards can charge an annual enrollment fee of as much as $30 and likely will offer savings on at least one medication in each of 209 classes of treatments commonly used by Medicare beneficiaries.


ANA Provides Comments on the Nursing Home Staff Posting Proposed Rule

The Centers for Medicare and Medicaid Services (CMS) published a proposed rule in the February 27, Federal Register which would require nursing homes to post daily for each shift, the numbers of licensed and unlicensed nursing staff (registered nurses, licensed practical nurses, and nursing assistants) directly responsible for resident care.


ANA and MNA attend CSG Spring Meeting

Susan Stout, Director of Government Affairs, Minnesota Nurses Association and Susan Whittaker, Associate Director State Government Relations, American Nurses Association joined state leaders from around the nation recently at The Council of State Governments' 2004 Spring National Committee and Task Force Meetings.

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Political Notes

There are 34 Senate seats up for election this fall, but only 16 are currently competitive races, and the balance in the Senate will likely turn on as few as nine of the most contentious. The ANA Political Team brings you the latest on some of these high-profile races.


Foundation Seeks Grant Proposals for Innovative Health Care Programs

The VHA Health Foundation is accepting applications from member and non member health care providers for grants of up to $250,000 to implement or enhance promising health and health care programs. It seeks proposals for new, better, and easy to adopt approaches to solving a health or health care problem or need. Applicants can be health care providers or local partnerships led by a health care provider, but must match at least 50 percent of the funding in cash or in kind services.

HRSA Announces Additional FY 2004 Grants

The Department of Health and Human Services, Health Resources and Services Administration recently announced a number of new competitive grant programs scheduled for awards in fiscal year 2004. They include $4.8 million for the Nurse Faculty Loan Program, which provides loans to nursing students pursuing advanced degrees to teach nursing; and $400,000 for the Health Careers Adopt a School Demonstration Program, which develops model partnerships between community based organizations, schools, and health professionals that expose underrepresented minority and disadvantaged students to health careers; and a grant program for Clinical Experiences in Federally-Funded Community Health Centers for Nurse Practitioners and/or Nurse-Midwifery Students.

NY RN Shortage Continues

New York area hospitals report continued nurse shortage. Hospitals in New York City and surrounding areas continued to experience high vacancy rates for registered nurses, licensed practical nurses and nurse aides in 2003, according to the latest annual survey by the Greater New York Hospital Association. The study shows that hospitals in New York City, Nassau and Suffolk counties, New Jersey, and some counties north of New York City continue to experience troubling vacancy rates for direct care registered nurses (RNs), licensed practical nurses (LPNs), and nurse aides (NAs). The study, Survey of Nurse Staffing in GNYHA Member Hospitals, 2003, found that hospitals have the greatest difficulty recruiting nurses for critical care, emergency services, and night shifts.

First Anniversary of the HIPPA Privacy Rule

The Privacy Rule, mandated by Congress in the 1996 Health Insurance Portability and Accountability Act (HIPPA), was issued by the Clinton Administration, and became law in 2001. Health care providers and plans were given two years to put the law in place and it went into effect on April 14, 2003.

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