‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the requirements of paragraph (1) 
shall not apply to a provider of services during 
a declared state of emergency if the provider is 
requested, or otherwise is expected, to provide 
an exceptional level of emergency or other med-
ical services to the community. 
‘‘(B) LIMITATIONS.—With respect to a 
provider of services to which subparagraph (A) 
applies, a nurse may only be required to work 
for periods in excess of the periods described in 
paragraph (1) if—
‘‘(i) the provider has made reasonable 
efforts to fill the immediate staffing needs 
of the provider through alternative means; 
and 
‘‘(ii) the duration of the work require-
ment does not extend past the earlier of—
‘‘(I) the date on which the de-
clared state of emergency ends; or 
‘‘(II) the date on which the pro-
vider’s direct role in responding to the 
medical needs resulting from the de-
clared state of emergency ends. 
‘‘(3) REPORT OF VIOLATIONS.—
‘‘(A) RIGHT TO REPORT.—
‘‘(i) IN GENERAL.—A nurse may file a 
complaint with the Secretary against a 
provider of services who violates the provi-
sions of this subsection. 
‘‘(ii) 
PROCEDURE.—The 
Secretary 
shall establish a procedure under which a 
nurse may file a complaint under clause 
(i). 
‘‘(B) INVESTIGATION
OF
COMPLAINT.—
The Secretary shall investigate complaints of 
violations filed by a nurse under subparagraph 
(A). 
‘‘(C) ACTIONS.—If the Secretary deter-
mines that a provider of services has violated 
the provisions of this subsection, the Secretary 
shall require the provider to establish a plan of 
action to eliminate the occurrence of such viola-
tion, and may seek civil money penalties under 
paragraph (7). 
‘‘(4) 
NURSE
NONDISCRIMINATION
PROTEC-
TIONS.—
‘‘(A) IN GENERAL.—A provider of services 
shall not penalize, discriminate, or retaliate in 
any manner with respect to any aspect of em-
ployment, including discharge, promotion, com-
pensation, or terms, conditions, or privileges of 
employment, against a nurse who refuses to 
work mandatory overtime or who in good faith, 
individually or in conjunction with another per-
son or persons—
‘‘(i) reports a violation or suspected 
violation of this subsection to a public reg-
ulatory agency, a private accreditation 
body, or the management personnel of the 
provider of services; 
‘‘(ii) initiates, cooperates, or otherwise 
participates in an investigation or pro-
ceeding brought by a regulatory agency or 
private accreditation body concerning mat-
ters covered by this subsection; or 
‘‘(iii) informs or discusses with other 
employees, with representatives of those 
employees, or with representatives of asso-
ciations of health care professionals, viola-
tions or suspected violations of this sub-
section. 
‘‘(B) RETALIATORY
REPORTING.—A pro-
vider of services may not file a complaint or a 
report against a nurse with the appropriate
State professional disciplinary agency because 
the nurse refused to comply with a request to 
work mandatory overtime. 
‘‘(C) GOOD FAITH.—For purposes of this 
paragraph, a nurse is deemed to be acting in 
good faith if the nurse reasonably believes—
‘‘(i) that the information reported or 
disclosed is true; and 
‘‘(ii) that a violation has occurred or 
may occur. 
‘‘(5) NOTICE.—
‘‘(A) REQUIREMENT TO POST NOTICE.—
Each provider of services shall post conspicu-
ously in an appropriate location a sign (in a 
form specified by the Secretary) specifying 
rights of nurses under this section. 
‘‘(B) RIGHT TO FILE COMPLAINT.—Such 
sign shall include a statement that a nurse may 
file a complaint with the Secretary against a 
provider of services who violates the provisions 
of this subsection and information with respect 
to the manner of filing such a complaint. 
‘‘(6) POSTING OF NURSE SCHEDULES.—A pro-
vider of services shall regularly post in a conspicuous 
manner the nurse schedules (for such periods of