Summary:

  House Bill138 (HB138)creates the Hospital Patient Safety Act by requiring hospitals to establish hospital staffing committees for the purpose of developing hospital staffing plans to prioritize patient safety. This legislation contains an emergency clause.  

Legislation Overview:

 House Bill138  (HB138) creates the Hospital Safety Act that will require the development of multiple safety committees in licensed hospitals in New Mexico. 
The Act requires the establishment of a: Hospital Nursing Staffing Committee, a Professional and Technical Staffing Committee, and a Hospital Service Staffing Committee.  
Membership is defined and the staff are represented by a bargaining unit then membership by nursing staff is defined and if not represented by bargaining unit, then membership from that group of employees may elect their representative. Management on these committees is also defined.
Staffing plans are required for each group of employees, and rules and reporting requirements are included with penalties to be established for nonconformance. Starting on January 1, 2026 and every year after, the plans are to be submitted to the Department with a certification that they are conforming to the safety committee requirements and will provide adequate and appropriate care.
The nurse staffing plan defines the type of units covered in the Act and the staffing ratio per patient and nurse ,including the nurse skill set such as a registered nurse versus a nursing assistant. 
Each hospital shall post its approved nursing staffing plan in publicly accessible areas of the hospital and on the hospital's website.  Each hospital shall make the nursing staffing plan accessible to staff in either written or electronic form.
The Professional and Technical Staffing plan shall consider the following:
(1)patient census, including total numbers of patients on each hospital unit and on each shift and patient activity, including discharges, admissions and transfers; (2)  patient acuity levels as measured by the hospital's patient classification system, including the intensity of care needs and the type of care to be delivered on each shift; hospital; and (3)  applicable national staffing standards; (4)  the size and square footage of the (5)  policies to ensure patient access to care, and 6)  feedback received from staff during committee meetings. 
Likewise, a Hospital Service Staffing Plan is to be developed and would reflect the above considerations. The same date for submitting the plan as above is also required of the Hospital Service Staffing Plan.
The Department shall, no later than January 1, 2026, promulgate rules that establish a process for reporting, investigating and remedying violations of the Hospital Patient Safety Act, including the imposition of penalties.
The Department may grant waivers to rural or critical hospitals for compliance with the Hospital Patient Safety Act if the hospital is able to document reasonable efforts to obtain adequate staff.
This legislation declares an emergency. 

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Amendments:

 Amended February 11,2025 in HHHC 
HHHCa/HB138 The House Health and Human Services Committee amendment changes the term to read: “ Health Care Code” from “the Public Health Act” which has been struck. The Department of Health is changed to the Health Authority. 
New language now reads in a new Section 9:
[NEW MATERIAL ] HOSPITAL STAFFING PLANS--ENFORCEMENT.-A.  A hospital unit shall not deviate from any staffing plan more than six times during a rolling thirty-day period without being in violation of the staffing plan.  The unit manager shall notify the relevant hospital staffing committee and the authority of the deviation no later than ten days after each deviation.  Each subsequent deviation during the thirty-day period shall constitute a separate violation.  B. The authority shall, no later than January 1, 2026, adopt rules that establish a process for investigating and remedying any violation of a hospital staffing plan.  Such rules shall specify reporting requirements for deviations, consistent with this section, and allow for the acceptance, investigation and resolution of complaints from hospital staff, the exclusive representatives of hospital staff or members of the public.  
C.  If the authority determines, whether through a Page 3 complaint process, hospital reporting or its own independent investigation, that a hospital has been in violation of a staffing plan or has failed to adopt a staffing plan in accordance with the Hospital Patient Safety Act the authority shall: (1)  issue a warning for the first violation in a four-year period; (2)  impose a civil penalty of one thousand seven hundred fifty dollars ($1,750) for the second violation in a fouryear period; (3)  impose a civil penalty of two thousand five hundred dollars ($2,500) for the third violation in a four-year period; and (4)  impose a civil penalty of five thousand dollars ($5,000) for the fourth and subsequent violations in a four-year period. D.  If the authority finds that a hospital has committed multiple violations of the Hospital Patient Safety Act that are of a similar nature, the authority shall require the hospital to submit a corrective action plan for the authority's approval.  If a hospital does not follow the corrective plan of action approved by the authority, the hospital shall be fined fifty thousand dollars ($50,000) per each thirty-day period until the hospital complies. E.  The requirements of this section or any rules adopted pursuant to it may be enforced by a civil action brought by any interested party for injunctive relief.  In the event that such action is partially successful, the court may award the prevailing party litigation costs and reasonable attorney fees.  F.  A hospital shall not be required to follow any staffing plan developed and approved by a staffing committee in the event of: (1)  a national or state emergency requiring the implementation of a facility disaster plan;
(2)  sudden and unforeseen adverse weather Page 4 (3)  an infectious disease epidemic suffered by hospital staff. G.  In the event of an emergency circumstance not described in Subsection F of this section, either co-chair of any staffing committee may specify a time and place for the committee to meet to review and consider modifications to the staffing plan while the emergency is in effect. H.  The authority may grant waivers to rural or critical access hospitals for portions of the Hospital Patient Safety Act if the hospital is able to document reasonable efforts to obtain”.
The HB138a has been referred to the House Judiciary Committee.