Nurse Workforce Protection Act of 2020

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. 1. Short title This Act may be cited as the Nurse Workforce Protection Act of 2020 2. Prohibition on 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 (a) In general Notwithstanding any other provision of law, with respect to funding disbursed from the Public Health and Social Services Emergency Fund on or after the date of the enactment of this Act and before the end of the emergency period described in section 1135(g)(1)(B) of the Social Security Act ( 42 U.S.C. 1320b–5(g)(1)(B) Public Law 116–136 Public Law 116–139 (1) not to require any nurse (defined in subsection (d)) to take paid or unpaid leave; and (2) to maintain— (A) the employment of a number of nurses that is equal to or greater than 75 percent of the number of such nurses that were employed by such provider as of January 31, 2020; (B) an average salary for such nurses that is at least 75 percent of the average salary payable by such provider for such nurses as of January 31, 2020; and (C) an average (b) Specified provider defined For purposes of subsection (a), the term specified provider (1) did not employ a number of nurses (as defined in subsection (d)) that was equal to or greater than 75 percent of the number of such nurses that were employed by such provider as of January 31, 2020; (2) was not paying an average salary for such nurses that was at least 75 percent of the average salary payable by such provider for such nurses as of January 31, 2020; or (3) did not have an average number of paid hours per day for such nurses that was at least 75 percent of the average number of paid hours per day for such nurses as of January 31, 2020. (c) Repayment in case of failure To maintain employment The Secretary of Health and Human Services shall require a health care provider that violates an agreement described in subsection (a) with respect to a disbursement described in such subsection to repay to the Secretary 100 percent of the amount of such disbursement. (d) Definition For purposes of this section, the term nurse

Summary: Nurse Workforce Protection Act of 2020 This bill requires health care providers that receive funds made available for provider relief under certain laws enacted to address COVID-19 (i.e., coronavirus disease 2019) to maintain nurse staffing levels and prohibits them from taking other actions with respect to nurse compensation and employment for a set period of time after receiving such funds. Specifically, these providers must retain at least 75% of the nurses employed as of January 31, 2020, for a designated period of time. Additionally, during that period, providers may not reduce nurse pay or hours by more than 25% or require nurses to take paid or unpaid leave. The period of time begins on the date funds are disbursed and lasts two months. However, for providers that made changes with respect to staffing, compensation or leave, the relevant period begins 30 days after the date of disbursement and lasts two months. Providers that do not meet these requirements must repay the COVID-19 funds that they received.