WeVote
Log In

Bill

Bill

S 5319

Nurse Overtime and Patient Safety Act

119th Congress Introduced by Jeff Merkley and 2 co-sponsors

Nurse overtime is capped: no more than 48 hours weekly, 12 consecutive hours, or 10 hours after a nurse’s 12th hour, with emergency exceptions and safety protections.

Introduced in Senate
0
WeVote Research Nonpartisan
Bill Summary · S 5319

Summary of S.5319 — Nurse Overtime and Patient Safety Act (119th Congress)

Purpose and intent

S.5319 aims to protect patient safety and support nurse well-being by limiting mandatory overtime for nurses at providers that receive payments under the Medicare program. The bill adds specific overtime restrictions to federal law and directs studies to establish appropriate standards for safe working hours.

Key provisions and changes

  • Amendment to Medicare provisions (Section 1866):

    • Creates a new subsection (l) within 1866 to establish limitations on mandatory overtime for nurses.
    • Defines the scope of protections for nurses employed by “providers of services” such as hospitals, psychiatric hospitals, hospital outpatient departments, critical access hospitals, ambulatory surgical centers, home health agencies, rehabilitation agencies, clinics, federally qualified health centers, and other facilities determined by the Secretary.

  • Mandatory overtime limitations (Section l(1) – General rule):

    • A provider may not require a nurse to work:
    • More than their previously scheduled shift/duty period;
    • More than 48 hours in any workweek; or
    • More than 12 consecutive hours in a 24-hour period;
    • Or beyond 10 hours after the nurse’s 12th hour in a 24-hour period.
    • Time counted as hours worked includes meetings, education/training, on-call or standby with or without presence at the facility.

  • Exceptions (Section l(2)):

    • In emergencies or disasters declared by authorities, a provider may require overtime if:
    • Reasonable efforts to fill staffing needs via alternatives have been made;
    • The overtime does not extend beyond the declared emergency or the provider’s active role;
    • A staffing vacancy becomes known at the end of a shift; and
    • There is potential harm to a patient if a nurse leaves or is reassigned.
    • Additional safeguards require limiting overtime duration and ensuring patient safety.

  • Whistleblower protections (Section l(3)):

    • Nurses may file complaints with the Secretary for violations.
    • The Secretary must investigate and, if warranted, require a corrective action plan and may impose civil penalties.

  • Non-discrimination protections (Section l(4)):

    • Prohibits retaliation against nurses who refuse mandatory overtime, report violations, participate in investigations, or discuss violations with colleagues.

  • Policy notice and posting (Section l(5)):

    • Providers must develop and post clear overtime policies, including a conspicuous notice describing nurse rights and how to file complaints.

  • Posting of schedules (Section l(6)):

    • Providers must regularly post and provide access to daily nurse schedules.

  • Penalties (Section l(7)):

    • Civil penalties up to $10,000 per knowing violation, with higher penalties for patterns of violations.
    • Penalties administered under existing enforcement mechanisms with public posting of penalties on HHS websites.

  • Definitions (Section l(9)):

    • Clarifies terms: mandatory overtime, overtime, nurse (RNs, LPNs, LVNs), provider of services, declared emergency, and standards of safe patient care.
    • States non-preemption of stricter state laws.

  • Effective date (Section 3, subsection (b)):

    • The amendments take effect one year after enactment.

  • Reporting and standards studies (Section 4):

    • Study by the Secretary (through AHRQ) to establish appropriate maximum-hour standards for nurses, with a report to Congress within 2 years.
    • A separate study by the Director of the Office of Management and Budget on overtime practices in federally operated medical facilities (VA, DoD, etc.), with a report and recommendations within 6 months.

Who is affected

  • Nursing staff (RNs, LPNs, LVNs) working in Medicare-participating providers of services.
  • Providers of services included in the definition (hospitals, clinics, home health agencies, outpatient departments, etc.).
  • Federal agencies involved in enforcement and oversight (Secretary of Health and Human Services, OMB).

Procedural and timeline aspects

  • Introduced in the Senate on August 6, 2026; referred to the Senate Finance Committee.
  • Effective date: one year after enactment.
  • Requires two major reporting efforts within set timelines (2-year and 6-month windows) to establish standards and assess federal facilities.

Overall, the bill codifies limits on mandatory nurse overtime, reinforces whistleblower protections, requires transparent scheduling and policies, and calls for standards-based guidance on safe working hours.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.