Unions still say Waterbury Hospital isn’t being staffed according to state law

Republican-American – Saturday, November 2, 2024
By Livi Stanford

WATERBURY – Unions at Waterbury Hospital continue to allege that state-mandated staffing levels are not being met, and patient care is suffering as a result. Both the hospital and the state say the hospital has complied with requirements to submit staffing reports, but details are unclear about what’s actually happening on the hospital floors.

Meanwhile, legislators say the law and how it is enforced may need review.

A year and a half ago, Gov. Ned Lamont signed a law requiring hospitals to submit nurse staffing plans that both nurses and hospital administrators have supported, with a priority of nurse-to-patient ratios with the goal of quality care.

The new law required an Oct. 1 deadline for hospitals to report to the state Department of Public Health whether its complying with 80% of its nursing staffing assignments in its nurse staffing plan. If a hospital fails to do so, the DPH commissioner must issue an order that requires the hospital to submit and implement a corrective action plan, and the hospital could be fined.

Lauresha Xhihani, director of communications for Waterbury Health, known as Waterbury Hospital, said the hospital has met “every DPH submission requirement regarding the legislation.”

“The hospital has been in compliance with at least 80% of the nursing staffing assignments outlined in the hospital’s staffing plan,” she said. “After feedback from DPH officials during a recent visit, we’ve followed their recommendations in modifying several pieces of the plan.”

Christopher Boyle, director of communications for state health department, said “Waterbury Hospital has submitted the foregoing written certification and the 80% compliance report,” adding that the hospital is in compliance.

“In addition, DPH may during a hospital’s survey or inspection review compliance with staffing among the many regulatory requirements,” Boyle said.”

DPH does not comment on pending investigations of complaints or ongoing surveys.”

He confirmed Friday that investigations were ongoing at Waterbury Hospital but could not release any details of why.

Ed Gadomski, internal organizer for Connecticut Health Care Associates District 1199 Waterbury Hospital and Tech unions, said nearly every department is understaffed as the hospital’s future hangs in limbo, with no resolution in sight to the legal battle over a failed deal for the hospital’s sale.

Potential buyer Yale New Haven Health filed for a declaratory judgment in May that it is not obligated to close the sale because Prospect Medical Holdings allegedly violated the purchase agreement. Prospect brought a counterclaim against Yale for allegedly breaking the agreement by refusing to pay the negotiated $435 million sales price. The cases have been consolidated in Hartford Superior Court.

Gadomski disputes the hospital’s assertion that it is in compliance with the new law, contending the operating room has a 50% vacancy rate. Xhihani said “like other health systems and hospitals across the country, Waterbury Hospital has been challenged with nursing and other labor shortages, including in the OR. Despite challenges such as a national labor shortage, we use strong recruitment initiatives and continue to actively, and successfully, recruit nurses and staff, with new employees joining our team every month.” She said the hospital has dozens of open positions.

Gadomski said nurses are going over their allotted sick time because they are exhausted. He said he filed a complaint with the Department of Public Health over the issue in January and still has not heard back from the agency.

Over the summer he filed a complaint concerning alleged violations of the hospital staffing law, and says he has yet to hear back on that complaint.

Several nurses have told The Sunday Republican the situation at the hospital is dire with staff shortages and without ample equipment to meet patient’s needs.

Boyle did not answer a specific question about whether hospitals are in compliance with the hospital staffing law. “Hospitals are required to provide to the Connecticut Department of Public Health twice a year a written certification that the hospital staffing committee has developed the nurse staffing plan being implemented by the hospital,” he said.

State Sen. Joan V. Hartley said “DPH is probably ill equipped to do the oversight on this.”

“The new staffing legislation is one that I would say needs to have some evaluation and further perfecting and we have watched it play out and now we have some experience and we can further crystalize its interpretation and how it becomes effective,” she said.

John Brady, vice president of AFT Connecticut and who was involved in helping to draft the hospital staffing bill, said he has concerns that it is unknown whether hospitals are complying with the law.

“Now nurses need access to these reports so they can verify or dispute them,” he said. “In addition, hospitals like Backus and Johnson Memorial must be made to adhere to the law and submit plans that the staffing committees developed, not something administration came up with.”

State Sen. Saud Anwar, D-South Windsor, Senate chairman of the Public Health Committee, said the Hospital Staffing Committee Law is clear and hospitals have to abide by it otherwise there would be penalties. He said it is the responsibility of the DPH to follow up and make sure hospitals are abiding by the law.

“If they are not following the law there should be a penalty,” he said.

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