GOVERNMENTAL AFFAIRS

FEDERAL ISSUES

MARCH 10, 2007

The 110th Congress convened in October with a Democratic majority.

Funding for Nursing Workforce Development – Proposed increase of $50 million over last year’s budget

Nursing opposes Wicker Amendment – This amendment makes it impossible for OSHA to require fit testing of respirator masks to protect healthcare workers from avian flu, SARS, anthrax and TB. HHS, the CDC, NIOSH and IOM have issued guidelines endorsing annual fit testing but guidelines are unenforceable, only the OSHA TB requirement.

The Nurse Safe Staffing Act and Quality Nursing Care Act – These bills are still active.

APRNs and Federal Employee Compensation Program – ANA supports proposal to recognize all APRN providers in this program.

Medicaid – The Deficit Reduction Act of 2005 contains $5.6 billion Medicaid cuts over five years and $22.6 billion over ten years. ANA maintains that these savings should be reinvested in the expansion of coverage.

Mandatory Overtime - Prohibit mandatory overtime as a staffing tool.

Healthcare Truth and Transparency Act – Would make it illegal for any licensed healthcare provider who is not an MD, DO, DDS or DDM to make any statement or engage in any act that would lead patients or the public to believe that they have same or equivalent skills or education. This bill brings these activities under the purview of the FTC. If this bill passes nurses and other licensed healthcare practitioners could be found by the FTC to have engaged in unfair trade practices and be fined accordingly.

Overtime Pay Regulations – U.S. Dept. of Labor issued a revised FLSA rule that threatened the right of nurses to overtime compensation. After concerns were raised by Congress the DOL redefined categories of workers but many still feel that there is ambiguity that employers may exploit.

Immigration and the Nurse Workforce - ANA opposes the Rural and Urban Health Care Act of 2005 which would weaken current certification requirements for nurses educated in foreign schools of nursing.

House Nursing Caucus Re-forms for the 110^th Congress – will continue to provide a non-partisan forum for the discussion of issues that impact the nursing profession.

Reintroduction of the Toxic Right to Know Act – would undo the EPA weakened toxic reporting requirements.

Nursing School Capacity Act of 2007 – Has been reintroduced. This legislation would provide for a study by the IOM and National Academy of Sciences to identify constraints encountered by schools of nursing in admitting and graduating sufficient numbers of nurses to meet health care needs.

Submitted by Alida M. McDonald

March 10, 2007