Congress limits nurse overtime to protect patients from fatigue-driven medical errors.
S. 5319 — Nurse Overtime and Patient Safety Act · Filed by Jeff Merkley (D-OR) · 3 cosponsors · Introduced Aug 6, 2026 · Referred to committee
Your members of Congress
Enter a ZIP to see where your representative and both senators stood on this bill.
Looked up on this device — your ZIP is never stored on our servers.
What it does
This bill limits mandatory overtime for nurses at Medicare-participating providers (hospitals, clinics, home health agencies, etc.) to no more than 48 hours per week, 12 consecutive hours per shift, or work during the 10-hour rest period after a 12-hour shift. It allows exceptions only during declared emergencies if the provider has tried other staffing solutions. The bill protects nurses from retaliation for refusing overtime, requires providers to post schedules and overtime policies, and imposes civil penalties up to $10,000 per violation on providers who break the rules.
Why we flagged it
The bill's operative mechanism is a direct limit on mandatory overtime hours tied to patient safety research, coupled with whistleblower and anti-retaliation protections for nurses. It is fundamentally a labor and patient-safety regulation, not a market intervention or subsidy.
What the text implies
- The bill's 1-year implementation delay may allow providers to adjust staffing models, but also creates a window during which current unsafe practices remain legal.
- The emergency exception is broad (declared emergencies, disasters, or gubernatorial declarations) and excludes only labor disputes and 'consistent understaffing'—meaning providers facing chronic staffing shortages may argue each shift is an emergency.
The full analysis lists 5 implications of this text.
Who stands to gain
Nursing workforce (through reduced fatigue-related injuries and improved job satisfaction); Patients (through reduced medical errors from nurse fatigue); Healthcare providers may face increased labor costs if they must hire additional staff to replace ma