Nurse Workforce Protection Act of 2020

I 116TH CONGRESS 2D SESSION H. R. 6809 To prohibit health care providers that receive funding through the Public Health and Social Services Emergency Fund from reducing employment or compensation for certain nurses employed by the provider. IN THE HOUSE OF REPRESENTATIVES MAY 12, 2020 Mr. RODNEY DAVIS of Illinois (for himself and Ms. GABBARD) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To prohibit health care providers that receive funding through the Public Health and Social Services Emer- gency Fund from reducing employment or compensation for certain nurses employed by the provider. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Nurse Workforce Pro- 4 tection Act of 2020’’. 5 VerDate Sep 11 2014 21:39 May 28, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H6809.IH H6809 jbell on DSKJLSW7X2PROD with BILLS 2 •HR 6809 IH SEC. 2. PROHIBITION ON HEALTH CARE PROVIDERS THAT 1 RECEIVE FUNDING THROUGH THE PUBLIC 2 HEALTH AND SOCIAL SERVICES EMERGENCY 3 FUND FROM REDUCING EMPLOYMENT OR 4 COMPENSATION FOR CERTAIN NURSES EM- 5 PLOYED BY THE PROVIDER. 6 (a) IN GENERAL.—Notwithstanding any other provi- 7 sion of law, with respect to funding disbursed from the 8 Public Health and Social Services Emergency Fund on or 9 after the date of the enactment of this Act and before the 10 end of the emergency period described in section 11 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 12 1320b–5(g)(1)(B)), if such disbursement is made from 13 funds made available for provider relief under the CARES 14 Act (Public Law 116–136) or the Paycheck Protection 15 Program and Health Care Enhancement Act (Public Law 16 116–139), a health care provider shall be eligible to receive 17 such a disbursement only if such provider agrees, with re- 18 spect to the period beginning on the date such disburse- 19 ment (or, in the case of a specified provider (as defined 20 in subsection (b)), beginning on the date that is 30 days 21 after the date of such disbursement) and ending 2 months 22 after such disbursement (or, in the case of a specified pro- 23 vider, ending 2 months after the date that is 30 days after 24 such disbursement)— 25 VerDate Sep 11 2014 21:39 May 28, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H6809.IH H6809 jbell on DSKJLSW7X2PROD with BILLS 3 •HR 6809 IH (1) not to require any nurse (defined in sub- 1 section (d)) to take paid or unpaid leave; and 2 (2) to maintain— 3 (A) the employment of a number of nurses 4 that is equal to or greater than 75 percent of 5 the number of such nurses that were employed 6 by such provider as of January 31, 2020; 7 (B) an average salary for such nurses that 8 is at least 75 percent of the average salary pay- 9 able by such provider for such nurses as of Jan- 10 uary 31, 2020; and 11 (C) an average number of paid hours per 12 day for such nurses that is greater than or 13 equal to 75 percent of the average number of 14 paid hours per day for such nurses as of Janu- 15 ary 31, 2020. 16 (b) SPECIFIED PROVIDER DEFINED.—For purposes 17 of subsection (a), the term ‘‘specified provider’’ means a 18 health care provider that, as of the day before the date 19 of a disbursement described in subsection (a)— 20 (1) did not employ a number of nurses (as de- 21 fined in subsection (d)) that was equal to or greater 22 than 75 percent of the number of such nurses that 23 were employed by such provider as of January 31, 24 2020; 25 VerDate Sep 11 2014 21:39 May 28, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6809.IH H6809 jbell on DSKJLSW7X2PROD with BILLS 4 •HR 6809 IH (2) was not paying an average salary for such 1 nurses that was at least 75 percent of the average 2 salary payable by such provider for such nurses as 3 of January 31, 2020; or 4 (3) did not have an average number of paid 5 hours per day for such nurses that was at least 75 6 percent of the average number of paid hours per day 7 for such nurses as of January 31, 2020. 8 (c) REPAYMENT IN CASE OF FAILURE TO MAINTAIN 9 EMPLOYMENT.—The Secretary of Health and Human 10 Services shall require a health care provider that violates 11 an agreement described in subsection (a) with respect to 12 a disbursement described in such subsection to repay to 13 the Secretary 100 percent of the amount of such disburse- 14 ment. 15 (d) DEFINITION.—For purposes of this section, the 16 term ‘‘nurse’’ includes a registered nurse, a licensed prac- 17 tical nurse, a licensed vocational nurse, and an advanced 18 practice registered nurse (such as a nurse practitioner, 19 clinical nurse specialist, certified nurse midwife, and cer- 20 tified registered nurse anesthetist). 21 Æ VerDate Sep 11 2014 21:39 May 28, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H6809.IH H6809 jbell on DSKJLSW7X2PROD with BILLS