Nurse Overtime and Patient Safety Act

This bill, titled the "Nurse Overtime and Patient Safety Act," aims to enhance patient safety and nurse well-being by amending the Social Security Act to restrict mandatory overtime for nurses in healthcare facilities receiving Medicare payments. It establishes clear prohibitions against requiring nurses to work beyond their scheduled shifts, exceeding 48 hours in a workweek, or working more than 12 consecutive hours within a 24-hour period. Furthermore, nurses cannot be required to work during the 10-hour period immediately following a 12-hour shift, with all required meetings, training, and on-call time counting as hours worked. The legislation includes specific exceptions to these mandatory overtime limits, primarily for declared emergencies or disasters where a facility is expected to provide exceptional medical services. However, even during such emergencies, providers must demonstrate they have made reasonable efforts to staff, and the extended work requirement must not exceed the duration of the emergency or the facility's direct role in the response. Importantly, these exceptions do not apply to emergencies resulting from labor disputes or consistent understaffing, ensuring that facilities cannot exploit these provisions. To enforce these protections, the bill grants nurses whistleblower rights, allowing them to report violations to the Secretary of Health and Human Services, who is mandated to investigate such complaints. It also includes robust nondiscrimination protections , prohibiting retaliation against nurses who refuse mandatory overtime or report suspected violations. Providers are required to develop and disseminate clear policies on mandatory overtime, post notices of nurse rights, and face civil money penalties of up to $10,000 for each knowing violation, with higher penalties for repeated offenses. Beyond these immediate restrictions, the bill mandates two key studies. The Secretary of Health and Human Services, through the Agency for Healthcare Research and Quality, must conduct a study to establish appropriate standards for maximum safe working hours for nurses, with a report due to Congress within two years. Additionally, the Director of the Office of Management and Budget is tasked with studying mandatory overtime practices in federally operated medical facilities, such as those run by the VA or DoD, and recommending consistent policies within six months of enactment. The provisions of this act are set to take effect one year after its enactment, and it explicitly states that it does not preempt any state laws offering greater protections for nurses.