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AB 1422—Important bill to curb "program flexibility" introduced in Sacramento

April 22, 2021

April 20 Bill makes it through the Assembly Health Committee
May 20 Bill makes it through the Assembly Appropriations Committee See how the committee members voted
June 1 Bill passes on Assembly floor; now heads to Senate See how Assemblymembers voted
July 7 Bill makes it through the Senate Health Committee; now heads to Senate Appropriations Committee. See how the Health Committee voted.

We need nurse-to-patient ratios to be enforced, not ignored!

That's why on February 19, 2021, Assemblymember Jesse Gabriel (D-Canoga Park) introduced AB 1422—our “Patients’ Right to Know” bill.

This legislation would finally give us a voice in "program flexibility"—and bring public transparency. Ultimately, it's a tool we need to strengthen our Stop Repeat Offender Hospitals win in 2019 (a true David and Goliath victory against our bosses over at the California Hospital Association).

Because how can we enforce safe staffing if our hospitals keep getting program flexibility?

Read our press release here.
Read what RNs Teresa, Sherice, Joe and Gema have to say.

This "program flexibility" program, which hospitals use to sidestep California’s groundbreaking regulations on nurse-to-patient ratios, have historically allowed hospitals to operate in the dark as they slash staffing levels—potentially endangering patients and putting our licenses at risk. AB 1422 will shine some harsh light on this unsafe practice.

Share your personal examples of how waivers impact patient safety.

This new bill would require any hospital applying for program flexibility to submit supporting evidence showing the need for program flexibility and (this is where we come in:) somehow demonstrate that low staffing won’t compromise patient care. We know better! And AB 1422 would give us a 40-day window to make that clear via public comment.

In addition, the hospital would need to post its waiver application where both patients and staff could see it and also provide copies to all affected employees and our Union.

Bottom line: we believe that we should have a voice in whether or not our hospital can skirt safe staffing regulations. And our patients deserve to know that our bosses too often—and with unnecessary risk—fail to ensure there are enough of us on duty to properly take care of our patients. AB 1422 will add even more pressure on hospitals to follow the laws on safe staffing.

And, without this abuse of "program flexibilities" that shield hospitals from any repercussions for unsafe staffing levels, we can begin to really enforce our Stop Repeat Offender Hospitals law, which would bring fines to our hospitals for violating Title 22 staffing ratios.

As in years past, turning AB 1422 into law will take all of us sharing our examples of unsafe staffing, speaking to legislators and winning public support!