Corzine Reintroduces Resident
Hours Bill
May 23, 2003 - Senator Jon Corzine (D-N.J.) April
30 reintroduced resident hours legislation entitled the "Patient
and Physician Safety and Protection Act of 2003" (S.
952) that would make the regulation of resident work hours
a Medicare hospital condition of participation. S. 952 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 HHS Secretary to promulgate regulations
regarding the supervision of residents and the transfer of patient
care responsibilities from resident to resident. A new provision
specifies that the amount of time spent transferring patient
care responsibilities from a resident to another individual
cannot take more than 3 hours beyond the resident's 24 or 12
hour shift. 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. A hospital, however, could avoid such
a fine if they submit to the Secretary a correct action plan.
The corrective action plan provision is also a new provision
in the bill.
Lynne Davis Boyle, Assistant Vice President
AAMC Office of Governmental Relations
ldavisboyle@aamc.org
(202) 828-0526
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