Corzine Introduces Resident
Work Hours Legislation
June 14, 2002- Senator Jon Corzine (D-N.J.) June 12
introduced legislation that would make the regulation of resident
work hours a Medicare hospital condition of participation.
S. 2614, the "Patient and Physician Safety and Protection
Act of 2002," 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 DHHS Secretary to promulgate regulations
regarding the supervision of residents and the transfer of
patient care responsibilities from resident to resident. The
Secretary would also 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.
Last, the bill offers whistleblower protections to individuals
who report violations to the Secretary, ACGME or hospital
management and subjects hospitals to penalties not to exceed
$100,000 for violations in each resident training program
in any 6 month period.
The introduction of the legislation coincided with the release
of the Accreditation Council for Graduate Medical Education's
(ACGME) report
on resident duty hours. The report recommends new limits on
duty hours, increasing institutional oversight and continuing
to foster high-quality education and safe patient care.
In a written release, Sen. Corzine commented that the ACGME's
new guidelines are "an important first step," but
said that the "new recommendation still would require
residents to work in excess of 80-hour weeks and 30-hours
shifts." In addition, Sen. Corzine said that "whistleblower
protections for residents" are needed so that resident
will be encouraged to report violations.
S. 2614 is similar to the "Patient and Physician Safety
and Protection Act of 2001" (H.R.
3236) which was introduced by Rep. John Conyers, Jr. (D-Mich.)
on Nov. 6, 2001.
Information:
Lynne Davis Boyle, Assistant Vice President
AAMC Government Relations
ldavisboyle@aamc.org
(202) 828-0526
Sunny Yoder, Director of Resident Affairs
AAMC Health Care Affairs
syoder@aamc.org
(202) 828-0497
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