Current
Representative John Conyers, Jr. (D-Mich.) on March 10 reintroduced
legislation entitled the "Patient and Physician Safety and
Protection Act of 2005" (H.R.
1228) that would make the regulation of resident work hours
a Medicare hospital condition of participation.
H.R. 1228 would establish specific limits on work hours, allow residents
to file anonymous complaints regarding violations, and impose financial
penalties for noncompliance. Specifically, the bill limits postgraduate
trainees to 80 hours of work per week and 24 hours of work per shift.
They must have at least 10 hours between scheduled shifts, at least
one of every 7 days off, and at least one full weekend off per month.
Emergency Department residents may work no more than 12 continuous
hours within the Department. The bill also limits on-call responsibilities
to no more than every third night.
The bill directs the Secretary of HHS to promulgate regulations
regarding the supervision of residents and the transfer of patient
care responsibilities from resident to resident. The legislation
also directs the Secretary to designate an individual within HHS
to handle resident complaints. That individual would be authorized
to conduct anonymous surveys of residents, conduct on-site investigations,
and provide public disclosure of hospitals and programs in violation.
The bill requires an annual report to Congress on the compliance
of hospitals with such requirements.
The bill offers whistleblower protections to individuals who report
violations to the Secretary, ACGME or hospital management and subject
hospitals to penalties not to exceed $100,000 for violations in
each resident training program in any 6-month period.
During the last Congress, Rep. Conyers and Sen. Jon Corzine (D-N.J.)
introduced similar resident hours legislation, but no committee
or floor action was taken. The AAMC is opposed to such legislation.
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