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Testimony of

Elaine T. Gerace, RN 

On behalf of the Service Employees 

International Union (SEIU), AFL-CIO 

Before the

U.S. House of Representatives

Health Subcommittee of the

 Committee on Veterans’ Affairs 

On the 

“Current State of the Veterans’ Health Care System” 

April 3, 2001

Mister Chairman, Members of the subcommittee, thank you for giving me the opportunity to address you here today regarding the current state of the Veterans Health Care System and any recommendations we may have to improve the delivery of health care to our nation’s veterans. 

My name is Elaine Gerace.  I am a registered nurse at the Syracuse VA Medical Center and I have been in the VA system for 12 years.  I am also a veteran.  But I am here today representing the Service Employees International Union.  SEIU represents 1.4 million workers nationwide.  This includes over 700,000 health care workers, of which approximately six thousand are VA workers. 

Before I begin I would like to thank the members of this Subcommittee and the full committee for approving the pay adjustment last year for nurses.   This pay increase meant a great deal to our nurses and went a long way to improve morale.   

The first issue I would like to focus on today is the nurse staffing crisis that exists in the VA system.  Understaffing of registered nurses has reached a critical level in this country and it is only expected to worsen.  The so-called “shortage” is not causing short staffing.  It’s the other way around.  Inadequate staffing created poor conditions for nurses as well as patients, leading nurses to seek jobs elsewhere.  Nursing is no longer the desirable career that it once was.  This is evidenced by the decreased enrollments in nursing schools across the country.  Nurses are also leaving the profession for careers in other fields that offer higher salaries, better working conditions and better hours.  Currently the average age of VA nurses is 47 years old and is increasing.  In 8 to 15 years, the VA will have to replace the majority of its current registered nurse workforce due to retirements. The VA is facing a crisis. This crisis in staffing is directly related to the quality of care that the veterans receive. 

The health and well being of veterans around the country depends on safe staffing levels.  Specifically, we sufficient numbers of appropriately qualified nursing staff to meet the individualized quality care needs of the patients.  We must not just look at the number of nurses per unit but also at the staffing mix, RN’s, LPN’s, and nursing assistants.  We must also consider the acuity of the patients and the intensity of the care that is required. 

Approximately 10 years ago the VA established an expert panel to develop minimum staffing levels that determined the minimum amount of staff each unit should adopt.  These minimum staffing levels, which vary from VA to VA, have become the maximum levels and are no longer adequate to provide quality care to today’s patients.  When these standards were developed there was ancillary support for the nursing staff and the acuity of the patients was much lower.  Today, nurses are required to perform the duties that were once assigned to others such as blood draws, inserting IV’s, doing EKG’s etc.  In addition to these duties, we are changing over to a computerized system of documentation and have implemented Bar Code Medication Administration, both of which put additional burdens on the nurses.  At the same time, the patients that are admitted to the hospital now are much sicker and require much more complicated care.   In addition to these increased responsibilities, the current nursing shortage has pushed nurses to their limit.  They are no longer able to provide the care that they were trained to give and that our veterans deserve. 

All of these factors have resulted in several problems for the nursing staff.  Mandatory overtime is one of the most troublesome.  Imagine going to work and not knowing when you will be going home.  Finding out two hours before the end of your shift that you are required to work 4 more hours, or maybe 8, leaves you frantic to figure out how you are going to pick up your child at day care or be home to take care of a sick parent.  This one factor alone causes severe morale problems for the staff.  In addition, it also contributes to increased stress levels, as well as an increased risk for medication errors and the inability for nurses to properly assess the patients.  It has been documented in many studies that a nurse’s judgement and reaction time is reduced after an eight hour shift, after 12 hours it is severely impaired.  For those nurses working mandatory overtime, they are usually required to work an additional mandatory 8-hour shift for a total of 16 hours.   

The fear of making a medication error or an in incorrectly assessing the status of a patient causes constant stress for the nurse and obviously can be disastrous for the patient.  Requiring mandatory overtime has also resulted in increased use of sick leave, which only compounds the staffing problem.  During a 6 month period, from October 1,1999 to March 31, 2000, I monitored the overtime use on the medical and surgical inpatient units at the Syracuse VA hospital.  This study did not include the other units in the hospital or the outpatient clinics. The total number of overtime hours worked by 80 nurses was 4,589.  I am certain that this number would have been much higher if all of the units had been included.  Nurses cannot refuse to work overtime or they can be charged with abandonment of duty and be disciplined and/or fired.  Mandatory overtime has been the reason that many nurses have left the VA, which we can ill afford.  I cannot stress enough how important nurses feel about providing good care, the kind of care they are trained to provide.  Nurses are leaving because of the stress and because they too often feel they cannot provide the level of care that our veterans have a right to receive.  

In order to minimize the use of overtime, floating nurses from one unit to another has become a standard practice.  This is also demoralizing to nurses.  Nurses are very aware of the staffing on the floor.  When staffing is adequate for the floor, which seldom happens, the nurses look forward to going to work because they know that they will be able to provide the care that they should be giving.  If other units have sick calls or increased acuity, then nurses will be floated to that unit.  It is particularly difficult for registered nurses that are at times expected to do charge on an unfamiliar unit.  Competencies must also be considered.  Nursing has become specialized and although nurses are all taught the same curriculum in school, once they begin working they hone certain skills and lose others depending on what unit they work on.  Would you want a nurse who is very competent in nursing home care unit working on your father who just had surgery when they have no experience in post-surgical care, or vice versa?  

Members of SEIU in conjunction with management representatives conducted a survey of the registered nurses at the Syracuse VA concerning the effects that understaffing and floating had on their respective units.  Fifty percent of the respondents said they knew of injuries on their unit that may have resulted from decreased staffing.  Seventy-two percent stated they were not able to take lunch or other breaks on a daily basis.  Ninety-one percent said that they were not able to meet the 30-hour continuing education requirements (this requirement has since been increased to 40 hours) because they had no time with 83% of that number stating they were only able to complete 8 hours or less.   Eighty-eight percent of the respondents felt that their work group had the potential to produce better work.  These are very sad statistics.  Each and every one of these issues can and does effect patient care to some degree. This survey was done in the first quarter of 2000 and these same conditions continue to persist. Although I have highlighted the conditions at the Syracuse VA, the same problems related to understaffing can be found at any VA hospital. 

The VA does not allow its nurses to work permanent day shifts.   They must rotate to the evening and/or night shift.  Nurses can bounce from one shift to another.  Studies have also shown that this practice is not only detrimental to a nurse’s health but also to their performance.   Community hospitals allow nurses to work permanent shifts and in some cases will also provide permanent days off.  This allows nurses to have a life outside of the hospital and allows them the ability to arrange for the care of their children, schedule doctors’ appointments and do the things that most people with a nine to five job take for granted.  The VA needs to meet these community standards as well.  If we do not we will continue to lose qualified nurses to area hospitals. 

Medication errors and be directly linked to inadequate staffing.  The VA should be commended for taking the lead in attempting to prevent medication errors with the implementation of Bar Code Medication Implementation (BCMA).  However, the demands that BCMA puts on the nurses must be addressed.  Initially, users of BCMA require extensive training in order to access and use the system.  This training is a continuous process as the system is frequently being updated.  Currently, Version I software is being used but it will soon be updated with Version II software that will include an IV package.  The training time for Version II for the “trainers” is expected to be 40 hours (Version I was 23 hours).  The “trainers” bring back the information to their respective hospitals and teach the staff nurses how to use the software.  Usually, the nurses are given 4 hours of instruction to learn what the trainers learned in 40 hours.  This training is usually conducted on the units where there are numerous interruptions and distractions.  Adequate training is negatively impacted by the inability of nurses to leave the floor for classroom training due to inadequate staffing. 

BCMA requires additional staff to pass medications.  Prior to the implementation of BCMA, one nurse could pass medications for 30 patients within the required timeframe.  BCMA requires 2 nurses to pass the same amount of medications because the system is not user friendly and is cumbersome.  The software/hardware has been found to be unreliable and frequently breaks down.  Because of this unreliability, it is necessary to document medications using the traditional paper records while also using the BCMA system.  This system also has a negative impact on charge nurses as they must also do double documentation.  Medications need to be verified on each patient in the computer and then the orders must be transcribed to the paper medication administration record.  As a charge nurse, it would take me approximately 3 hours to take off all of the orders written during a shift.  Since the implementation of BCMA, that number is now closer to 6 hours. 

This takes time away from assessing the patients and giving them the care they require and deserve.  BCMA has essentially double the amount of work that both the medication nurse and the charge nurse must do; yet staffing levels have not been adjusted.  Although BCMA can reduce the number of medication errors made, it is also having a negative impact on other aspects of direct patient care.  I believe that BCMA has the potential to become a very useful tool to nursing and will prevent medication errors but we cannot sacrifice other aspects of care in order to accomplish this.  Staffing must be increased in order to provide the kind of care that veterans expect and deserve. 

VERA (Veterans Equitable Resource Allocation) Funding has also negatively affected staffing.  VISN’s are budgeted according to the number of patients that are seen each year.  Most VISN’s function within budgetary restraints but some have found it necessary to request supplemental increases for various reasons.  These supplemental increases are given at the expense of the remaining VISN’s.  VISN 2, which includes Syracuse, lost $2.9 million dollars this fiscal year due to supplemental increases.  These budget cuts put an incredible strain on those VISNs that work hard to reduce patient costs while at the same time increasing the number of new patients utilizing the VA.  The VISNs that have been able to operate successfully within their budgets are being punished for being fiscally responsible.  These budget cuts put restrictions on the ability to hire additional staff, on the range of services provided to the veterans, and in some cases can result in the reduction of beds or the closing of wards.  All VISNs should be held accountable to operate effectively and efficiently within their budget allocations.  If supplemental allocations are necessary then there should be another mechanism in place to finance them rather than taxing VISNs that have made the hard decisions in order to operate efficiently. 

Another important aspect of understaffing is the increased risk for occupational injuries and illnesses.  In the survey I discussed earlier, 50% of the nurses responding reported a direct link between low staffing levels and increased on-the-job injury rates.  This is supported by that latest data from the US Bureau of Labor Statistics (BLS) that found that healthcare workers report a rate of work-related injuries greater than that of construction workers, farmers, miners, or manufacturing workers.   

Nursing as practiced in most healthcare facilities in the US is a very physical job, requiring a lot of lifting.  Manually lifting patients is a difficult task even when staffing is good, with reduced staffing it becomes immeasurably harder.  Injuries can and do occur on a more frequent basis.  Perhaps this is why in one-third of all workplace ergonomic-related injuries; the victim is a healthcare worker.  

The most common injury is back strain which can result in lost time claims (worker’s compensation) and/or light duty status. This puts an additional burden on the remainder of the staff that now must also pick up the duties of the injured nurse.  Although lift equipment is available, it is limited in numbers and most lift equipment requires two nurses in order to be operated safely.  The minimum staffing levels requires nurses to lift significantly more patients each day, which increases the likelihood of injury.  These injuries are compounded by the aging workforce.   

Yet we know the solution.  We know that lift teams using mechanical lifting and transfer equipment can have a profound impact on reducing injuries to nurses and other healthcare workers. One published study that looked at ten hospitals found that such ergonomic programs can reduce the incidence of back injuries by an average of 70%, reduce lost workdays by an average of 90% and pay for themselves many times over by reducing workers compensation costs by an average of 75%.   

In addition to back injuries, we are beginning to see more repetitive motion injuries due to the increased use of computers in the workplace.  A nurse can use a keyboard everyday  day between Bar Code Medication Administration, charting on patients and verifying orders.  Yet most computer workstations are not properly designed, and therefore cases of tendonitis and carpal tunnel injuries will only increase.  

Although I have concentrated my comments on the staffing crisis as it impacts licensed nurses and quality care, the fact is many of the same problems exist for nursing assistants and wage grade employees in our VA health facilities.  From 1995 to1999, there was a cutback in wage grade employees of 15%.  Not only do support staff, such as housekeeping and dietary workers, feel the stress resulting from understaffing, but it puts additional burdens on nursing staff who must take time away from critical patient care to do other tasks that should be done by overworked service and maintenance staff.  

The VA should be commended for instituting a safe needle program years before the federal safer needle that passed last year.  However needlesticks continue to happen because the VA is not evaluating and selecting the best “safer” needles due to their increased costs. But what is the cost to the nurse that is infected with hepatitis or HIV? One case of hepatitis C can cost up to $750,000, and is the leading reason for liver transplants today.  The solution is the purchase of the best, not the cheapest, safer needles.  There are safer needles on the market that retract the needle inside the syringe immediately after the injection, virtually eliminating most needlesticks and the associated health risks.  However, these are not available to my co-workers and me. 

On-the-job assault is another leading threat facing nurses and other healthcare workers.  According to the BLS, thirty-eight percent of all workers who are assaulted at on-the-job are healthcare workers.  The threat of violence is always present in hospitals as we deal with agitated, confused, and intoxicated patients daily.  Where I work, due to understaffing, nurses has been required to work alone on a locked psychiatric on several occasions. This not only puts the other patients at risk, but it endangers nurses as well.  When staff request extra help they are usually told that there is no other help available, and that there is no money in the budget for overtime.  Again the nurse cannot refuse to work under these conditions but can only report injuries after the fact. 

Having addressed some of the serious staffing issues that exist throughout the VA system, we would hope that this Subcommittee will use its authority to explore these issues in more depth and take the necessary legislative action that would result in improved quality care for our veterans and in retaining and attracting more licensed nurses into the VA system.  Specifically, SEIU urges that the VA: 

  • Establish federal staffing standards that would ensure sufficient, appropriately qualified nursing staff to meet the individualized care needs of the patients.  Such standards should require that each VA facility develop a staffing plan that:
    1. Sets minimal staffing requirements based on number of patients, level of acuity, and intensity of care needed to ensure quality of care and good patient outcomes.  The VA should examine the possibility of requiring standards based on specific nurse-to-patient ratios for different types of service.  
    1. Determines the specific nursing staff and skill mix needed to carry out the requirements.  The skill mix reflected in a staffing plan must assure that all of the following elements of the nursing process are performed in the planning and delivery of care for each patient: assessment, nursing diagnosis, planning, intervention, evaluation and patient advocacy.
    1. Is developed in consultation with the direct-care nursing staff or where such staff is represented, with the applicable recognized or certified collective bargaining representative.
  • Require that each VA facility post and make public the staffing plan, including both the mandated and actual staffing levels.
  • Eliminate the use of mandatory overtime for bedside nurses.  We recommend that no mandatory overtime could be required beyond a previously determined workshift schedule or no more than 12 hours in a 24-hour period with a cumulative limit of no more than 80 Hours in a 14-day consecutive day period.  Although voluntary overtime should be permitted, we also urge that the VA consider set a maximum hours limitation, beyond which a licensed nurse should not be on duty status.  Federal laws and regulations set maximum hours in the interest of public safety for airline pilots, train engineers, and truck drivers.  Why not for nurses who are responsible for critically ill patients in our VA hospitals.

Setting system-wide nurse staffing standards that includes a prohibition on mandatory overtime will go a long way to correcting some of the workplace problems that are driving nurses away from the VA.  It would also ensure staffing levels that can result in better quality patient care and fewer medical errors.  We are doing the veterans of our country, who have sacrificed so much, a disservice by allowing understaffing to continue at the present rate.

We do commend the Committee for recommending a budget that exceeds the Administration’s proposed budget.  That fact is that the VA continues to lose ground because in terms of adequate staffing for nurses, other health professionals, and support staff funding for the VA has failed to keep up with medical inflation.  The VA should be funded at a higher level and we would hope that the any increase in the medical care budget for the VA is earmarked for staffing and for essential services that have suffered some severe cutbacks. This includes mental and substance abuse services, long-term care, and other specialized rehabilitative services.   

In the area of health and safety, SEIU recommends that  

1.      To protect nurses and other healthcare workers from needlestick injuries, the VA should amend their policies on the evaluation and selection of safer needles to ensure that purchasing decisions are based first and foremost on safety, not just on cost. 

2.      To prevent the epidemic of back injuries, and until we have an OSHA ergonomics standard, the VA should dramatically expand their current pilot programs to implement the use of lift teams with mechanical lifting and transfer equipment.   

3.      To prevent on-the-job assault of their employees, the VA should require that written workplace violence prevention plans be developed and implemented at each VA facility.

Finally, I would like to address the issue of contracting out.  Last year Congress considered legislation to create a pilot program that would have allowed certain veterans to receive inpatient medical care at private sector hospitals.  To make matters worse the VA would pay the out-of-pocket costs not covered by the veteran’s own health insurance.  This legislation did not pass.  SEIU is opposed to such efforts that would contract out medical services that should continue to be provided by the VA.  Such efforts undermine the VA health system and sets a dangerous precedent to further whittle away VA health services.  We must continue to support the specialized veterans’ health care services that is the cornerstone of VA medical services.   

Again, thank you for the opportunity to testify.  I would be happy to take any questions.

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