H.R. 10056

Nurse Overtime and Patient Safety Act of 2026

Official summary

Written by the Congressional Research Service.

Nurse Overtime and Patient Safety Act of 2026

This bill requires certain providers, as a condition of Medicare participation, to limit mandatory overtime for nurses.

Specifically, the bill prohibits hospitals, ambulatory surgical centers, home health agencies, rural health clinics, federally qualified health centers, and other specified providers from requiring nurses to work (1) more than a previously scheduled shift, 48 hours in a workweek, or 12 consecutive hours in a 24-hour period; or (2) during the 10 hours immediately following the 12th hour worked in a shift during a 24-hour period.

Qualifying work hours include time spent in training, on call, and on standby. The bill's provisions do not apply during declared emergencies or disasters, subject to specified conditions, and do not preclude voluntary overtime.

The bill also establishes (1) certain protections for nurses who file complaints against providers, (2) documentation and notice requirements for providers, and (3) potential civil penalties for violations.

Text of the bill

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Sec. 4. Reports

(a) Standards on safe working hours for nurses

(1) Study. The Secretary of Health and Human Services, acting through the Director of the Agency for Healthcare Research and Quality, shall conduct a study to establish appropriate standards for the maximum number of hours that a nurse who furnishes health care to patients may work without compromising the safety of such patients. Such standards may vary by provider of service and by department within a provider of services, by duties or functions carried out by nurses, by shift, and by other factors that the Director determines appropriate. The Director may contract with an eligible entity or organization to carry out the study under this paragraph.

(2) Report. Not later than 2 years after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the study con-ducted under paragraph (1) and shall include recommendations for such appropriate standards of maximum work hours.

(b) Report on mandatory overtime in federally operated medical facilities

(1) Study

(A) In general. The Director of the Office of Management and Budget shall conduct a study to determine the extent to which federally operated medical facilities have in effect practices and policies with respect to overtime requirements for nurses that are inconsistent with the provisions of section 1866(l) of the Social Security Act, as added by section 3.

(B) Federally operated medical facilities defined. In this subsection, the term federally operated medical facilities means acute care hospitals, freestanding clinics and home health care clinics that are operated by the Department of Veterans Affairs, the Department of Defense, or any other department or agency of the United States.

(2) Report. Not later than 6 months after the date of the enactment of this Act, the Director of the Office of Management and Budget shall submit to Congress a report on the study conducted under paragraph (1) and shall include recommendations for the implementation of policies within federally operated medical facilities with respect to overtime requirements for nurses that are consistent with such section 1866(l), as so added.