Don t Regulate the Problem, Fix It! Alternatives to Hospital Nurse Staffing Regulations

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Don t Regulate the Problem, Fix It! Alternatives to Hospital Nurse Staffing Regulations Massachusetts Health Policy Forum Nurse-to-Patient Ratios The Boston Federal Reserve Board March 30, 2005 Peter I. Buerhaus, PhD, RN, FAAN Senior Associate Dean for Research Valere Potter Professor of Nursing Vanderbilt University School of Nursing

Agenda 1. Context 2. Problems regulating hospital nurse staffing and alternative course of actions 3. Evidence on alternatives

1. Context: Current hospital nursing shortage is not over Current shortage began in 1998, starting its 8 th year in 2005 The shortage has already lasted 4 times longer than most nursing shortages If not careful, current shortage could slide into a far more severe shortage projected for next decade

2. Problems regulating hospital nurse staffing and alternative courses of action What is the Harm in Imposing Mandatory Hospital Nurse Staffing Regulations? Peter I. Buerhaus, Nursing Economic$, March/April 1997, Vol. 15, No. 2, pp 66-71 A perfect prediction of California a few years later A perfect prediction for Massachusetts?

Among the many problems of regulating hospital nurse staffing 1. No scientific basis 2. Political decision 3. Divisive and conflict laden 4. Huge opportunity costs 5. Will result in economic inefficiency 6. There aren t going to be enough RNs

Problems Alternatives 1. No scientific basis No study on what kind of nurse (education, years experience), number of nurses, combination of nurses (RN, LPN, etc) needed per shift, for what outcomes, on each different unit, in each kind of hospital, over what time period Can t even measure nurses, let alone outcomes Fund a mechanism to conduct objective, peer reviewed studies to build evidence and generate data to inform on what is working and what isn t Develop useful measures Report and disseminate results broadly Get clear on the goal; give up idea there is definitive evidence to be found

Problems Alternatives 2. Political decision No unity in positions, prolonged action resulting in compromise decision Cycle of regulations needed to fix unanticipated problems generated by prior regulations Endless legislative, regulatory agency, and legal quagmire Focus legislators and regulatory bodies on positive, constructive actions to support hospitals and nurses (see #1) Create incentives that reward hospitals for constructive actions (e.g., tie payments to performance on measuring, reporting, improving workplace)

Problems Alternatives 3. Divisive and conflict laden Regulating is the flash that pulls people apart (nurse vs nurse, hosp vs unions, etc. It gets personal -- battle of wills, caught up in the conflict Lose sight of the big picture Find ways for legislature to bring the parties together, reduce conflict, build on areas of agreement Martial law, mediation Define and agree on the problems Involve business, insurers

Problems Alternatives 4. Huge opportunity costs Value of the time devoted to fighting over regulations are the benefits that could have been accomplished fixing the problem Time is of the essence Give Senator Moore s and MHA proposals a chance Find ways for legislature and others to increase proposals chance of being successful Penalize time wasters and blockers Set goals and hold people and organizations accountable

Problems Alternatives 5. Economic inefficiency There is no optimal ratio nor should there be Ratios create and lock-in inefficiency in producing nursing services, lose flexibility, 486 chip vs pentium Inevitably and predictably, regs increase costs, negative consequences to access and quality Let hospitals staff to changing conditions Create incentives that reward hospitals for higher quality, building teams, innovating, and evaluating change Place hospitals at risk for short staffing, failure to measure and report publish list of low performers Help nurses adapt

Problems Alternatives 6. Not enough nurses Even if could regulate, must recognize that future RN workforce will be older and fewer; thus, unable to meet regulatory requirements Inadequate capacity in nursing education programs to replace large number of aging and soon to be retiring baby boom nurses Legislature should focus on immediately and decisively expanding state and regional nursing education capacity Not one dime, however, to programs that don t have curriculums on theory, science and practice in quality improvement, systems, safe patient environments, team work

3,000,000 National Supply and Demand Projections for FTE Registered Nurses: 2000 to 2020 Demand HRSA Supply B/S/A Supply 2,500,000 2,000,000 1,500,000 1,000,000 2OOO O2 O4 O6 HRSA: Health Resources and Services Administration, 2002 O8 B/S/A: Buerhaus, Staiger, Auerbach, 2003, updated forecasts originally published in JAMA, June 2000 1O 12 14 16 18 2O2O

But, is there any evidence that a serious effort to address the problems in the hospital nursing workforce might have any positive effect on resolving the nursing shortage and improving the hospital workplace?

Hospital RN Earnings and Employment Growth Year Earnings Employment 2002 5.0 * 84,715 2003 1.8 98,764 Total 183,479 * The first real wage increase since 1993

2004 National Survey of RNs Mail and web based survey Conducted by Harris Interactive, Inc., May 11 through July 26, 2004 3,500 surveyed, responses from 1783 RNs Response rate 55 percent

2004 Survey Themes Perceptions of extent and severity of nursing shortage, national and community views Impact of shortage on hospital processes and quality of care Assess hospitals responses to shortage, effectiveness of recruitment and retention strategies, responsibility to solve shortage Quality of relationships among nurses, management, physicians, others Assess workplace environment, respect

2004 National Survey of RNs Follow-up to earlier national surveys 2002 NurseWeek/AONE survey of 4,004 RNs 2000 Oncology Nursing Assoc/Vanderbilt survey of 494 RNs 1999 Kaiser/Harvard survey survey of 768 RNs

So yes, with focus, effort, and commitment, it is possible to bring about improvements in the hospital nursing workforce So, in Massachusetts let s fix the problem, not regulate it

Fixing the Problem Define the problem(s): the underlying barriers preventing safe, efficient, responsive staffing hospital by hospital It s a process, not an outcome Process of engagement, with success driven by commitment, good will, information, and incentives for good behavior You can make improvements if you want OR, TX Or if you don t CA Or you can continue fighting and racking up huge opportunity costs NJ, FL, MN, MI, NV

So, in Massachusetts let s fix the problem, not regulate it