Oregon HB 4089: Relating to health care.

Bill Text

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82nd OREGON LEGISLATIVE ASSEMBLY--2024 Regular Session
House Bill 4089
Sponsored by Representative NELSON, Senator MANNING JR; Representatives CHAICHI, GAMBA, PHAM K,
TRAN, WALTERS, Senators GOLDEN, TAYLOR, WOODS (Presession filed.)
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject
to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the
measure as introduced. The statement includes a measure digest written in compliance with applicable readability
standards.
Digest: The Act makes laws with respect to certain health care employee work schedules and
on-call shifts. The Act makes laws with respect to hospital financial reporting and transparency. The
Act directs hospitals to report to the OHA. The Act permits the OHA to impose penalties against
hospitals that fail to comply with the law. (Flesch Readability Score: 61.5).
Imposes requirements on hospitals regarding predictive scheduling and on-call shifts.
Requires hospitals to report quarterly to the Oregon Health Authority certain hospital financial
data, including the hospital’s daily cash on hand.
Requires hospitals and hospital systems operating in this state to make certain financial data
publicly available.
A BILL FOR AN ACT
Relating to health care; creating new provisions; and amending ORS 441.770 and 441.795.
Be It Enacted by the People of the State of Oregon:
PREDICTIVE SCHEDULING
SECTION 1. ORS 441.770 is amended to read:
441.770. (1) For purposes of this section, “nursing staff” includes registered nurses, licensed
practical nurses, certified nursing assistants and other hospital nursing staff members as defined by
the Oregon Health Authority by rule.
(2) When a hospital learns about the need for replacement staff, the hospital shall make every
reasonable effort to obtain nursing staff for unfilled hours or shifts before requiring a nursing staff
member to work overtime.
(3)(a) Except as provided in subsection (4) of this section, a hospital may not require a nursing
staff member to work:
(A) Beyond the agreed-upon and prearranged shift, regardless of the length of the shift;
(B) More than 48 hours in any hospital-defined work week;
(C) More than 12 hours in a 24-hour period; or
(D) During the 10-hour period immediately following the 12th hour worked during a 24-hour pe-
riod.
(b) For purposes of paragraph (a)(D) of this subsection, a nursing staff member begins to work
when the nursing staff member begins a shift.
(4) A hospital may require an additional hour of work beyond the work authorized under sub-
section (3) of this section if:
(a) A staff vacancy for the next shift becomes known at the end of the current shift; or
(b) There is a potential harm to an assigned patient if the nursing staff member leaves the as-
NOTE: Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 247

HB 4089
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signment or transfers care to another nursing staff member.
(5) If a nursing staff member agrees to work overtime, the nursing staff member is accountable
for the nursing staff member’s competency in practice and is responsible for notifying the nursing
staff member’s supervisor when the nursing staff member’s ability to safely provide care is compro-
mised.
(6)(a) Time spent in required meetings or receiving education or training shall be included as
hours worked for purposes of subsection (3) of this section.
(b) Time spent on call or on standby when the nursing staff member is required to be at the
premises of the employer shall be included as hours worked for purposes of subsection (3) of this
section.
(c) Time spent on call but away from the premises of the employer may not be included as hours
worked for purposes of subsection (3) of this section.
(7)(a) A hospital shall compensate a nursing staff member for time spent on call or on
standby when the nursing staff member is required to be at or nearby the premises of the
hospital or such that the nursing staff member is unable to use the scheduled hours effec-
tively for the nursing staff member’s personal purposes, regardless of whether the nursing
staff member is asked by the hospital to perform work.
(b) A hospital shall pay a nursing staff member scheduled for an on-call shift or standby
shift described in paragraph (a) of this subsection at least the applicable minimum wage rate
specified in ORS 653.025.
(c) The requirements of this subsection apply to nursing staff members who are nonex-
empt employees under the federal Fair Labor Standards Act.
(8)(a) For nursing staff members who are nonexempt employees under the federal Fair
Labor Standards Act, the hospital shall post a work schedu