Nurse Overtime and Patient Safety Act
Sponsored By: Senator Merkley, Jeff [D-OR]
Introduced
Summary
Ban on mandatory nurse overtime at most Medicare-funded providers would set firm hour limits and add enforceable worker protections to reduce fatigue-related safety risks.
Show full summary
- Nurses: The bill would bar requiring nurses to work beyond a previously scheduled shift, more than 48 hours in a workweek, or more than 12 consecutive hours in a 24-hour period. Nurses get whistleblower protections and may refuse mandatory overtime without retaliation.
- Providers: Medicare-paid providers must have written policies, conspicuously post schedules, and make daily schedules available on request. The Secretary may impose civil money penalties up to $10,000 per knowing violation and publish names and violations on the HHS website.
- Implementation and federal review: The rules would take effect one year after enactment and direct the Agency for Healthcare Research and Quality to report recommended maximum-hours standards within two years. The Office of Management and Budget must review overtime practices at federally operated medical facilities and report to Congress.
Personalized for You
How does this bill affect your finances?
Personalize government policy and PRIA will tell you what this bill means for your household, plus every other piece of legislation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.
Bill Overview
Analyzed Economic Effects
3 provisions identified: 2 benefits, 0 costs, 1 mixed.
Ban on Mandatory Nurse Overtime
If enacted, providers that take Medicare payments would not be allowed to require nurses to work past a scheduled shift. The bill would cap mandatory hours at 48 hours per workweek and 12 consecutive hours in 24 hours. It would also require a 10-hour rest after a 12-hour shift. Required meetings, trainings, and on-call or standby time would count as hours worked. Nurses could still volunteer for overtime. The rule would not apply during a declared Stafford Act emergency in narrow, specified circumstances. Nurses could file complaints with HHS and are protected from retaliation. These changes would take effect one year after enactment.
Study on Safe Nurse Work Hours
If enacted, the Agency for Healthcare Research and Quality would study and recommend safe maximum nurse work-hour standards. AHRQ could hire outside groups to do the study. Standards could vary by provider, department, duties, and shift. AHRQ would report recommendations to Congress within two years of enactment.
Fines and Public Disclosure for Providers
If enacted, HHS would be able to levy civil money penalties of up to $10,000 for each knowing overtime violation by a Medicare provider. The Secretary would be able to set higher penalties for repeat patterns and apply standard administrative rules. HHS would publish on its website the names of penalized providers, the violations, and other details. Publication of penalties tied to prior ownership would stop one year after an ownership change.
Sponsors & CoSponsors
Sponsor
Merkley, Jeff [D-OR]
OR • D
Cosponsors
Sen. Schiff, Adam B. [D-CA]
CA • D
Sponsored 8/6/2026
Sen. Fetterman, John [D-PA]
PA • D
Sponsored 8/6/2026
Sen. Van Hollen, Chris [D-MD]
MD • D
Sponsored 8/6/2026
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov