Legislative Analysis
Phone: (517) 373-8080
MANDATORY OVERTIME FOR NURSES
http://www.house.mi.gov/hfa
House Bill 5999 as introduced Analysis available at
Sponsor: Rep. Stephanie A. Young http://www.legislature.mi.gov
Committee: Labor
Complete to 12-13-24
SUMMARY:
House Bill 5999 would amend the Public Health Code to prohibit a hospital from requiring a
registered nurse (RN) to work overtime, except under specified circumstances, and to provide
administrative sanctions for a violation. The bill also would require a hospital to provide an
RN who works 12 or more consecutive hours there with eight hours off duty after that shift.
Prohibitions and exceptions
Under the bill, a hospital could not require an RN to work more than their regularly scheduled
hours according to their predetermined work schedule. However, this prohibition would not
apply in any of the following circumstances:
• If an RN voluntarily accepts a work assignment that causes their hours to exceed those
regularly scheduled hours.
• If an RN is assisting with a patient-care procedure that extends beyond those regularly
scheduled hours and the RN’s immediate supervisor, other than a charge nurse,
determines that the RN’s absence during the procedure could have an adverse effect on
the patient.
• During a declared state of emergency or mass casualty incident.
Declared state of emergency would mean an emergency declared by a person
authorized by the state, the federal government, or a local government that is related to
an unpredictable or unavoidable circumstance that affects the delivery of medical care
and requires an immediate or exceptional level of emergency or other medical services
at the hospital. It would not include an emergency that results from a labor dispute in
the health care industry or consistent understaffing in the hospital.
Mass casualty incident would mean an event with a number of casualties that vastly
exceeds the hospital’s resources and capabilities and that occurs in a short and defined
period of time.
The bill would prohibit a hospital from discharging, disciplining, threatening to discharge or
discipline, or otherwise discriminating against an RN employed by the hospital with regard to
the RN’s compensation, terms, conditions, assignment, or privileges of employment because
the RN refuses to accept a work assignment that causes their hours to exceed their regularly
scheduled hours according to their predetermined work schedule.
The bill would provide that the refusal of a registered professional nurse (RN) to accept a
hospital’s request to work more than their regularly scheduled hours according to their
predetermined work schedule is not, by itself, grounds for disciplinary action under the code.
House Fiscal Agency Page 1 of 2
 Required time off duty
The bill also would require a hospital to provide an RN who works 12 or more consecutive
hours at the hospital with eight consecutive hours of off-duty time immediately after the RN
completes that shift.
Notice
A hospital would have to post a notice that informs RNs employed by the hospital of the
provisions of the bill and how to file a complaint with the Department of Licensing and
Regulatory Affairs (LARA) for a suspected violation. The notice would have to be posted in
one or more conspicuous places where notices to hospital employees are customarily posted
and on the hospital's intranet site if it uses an intranet site to communicate with its employees.
Sanctions for violation
Sanctions
If LARA determines that a hospital has violated any of the provision described above, it would
have to impose a $1,000 administrative fine on the hospital for each violation. In addition,
LARA could deny, limit, suspend, or revoke the hospital’s license or certification after notice
and a hearing as prescribed in section 20165 of the code.
MCL 333.20165 and proposed MCL 333.17233 and 333.21526
The bill would take effect 90 days after it is enacted. However, if a collective bargaining
agreement that prevents compliance with the bill is in effect for hospital employees when the
bill takes effect, the bill would not apply until after that agreement expires.
FISCAL IMPACT:
House Bill 4551 would have an indeterminate fiscal impact on the Department of Licensing
and Regulatory Affairs and publicly owned hospitals. The bill would allow LARA to impose
a $1,000 administrative fine on hospitals for violating provisions related to nurse working
schedules. The fine would only be assessed in the event that a violation of the provisions set
forth under the bill occurs, but publicly owned hospitals would be liable for the administrative
fine if such a violation were to occur.
The bill also would have an indeterminate, but possibly significant, fiscal impact on the state
Medicaid program. The primary fiscal cost driver would be any overall hospital cost increases
based in the hiring of additional nurses in based on limiting the use of mandatory overtime and
the degree in which Medicaid provides reimbursements for the overall hospital cost increase.
For fiscal year 2024-25, any fiscal impact related to Medicaid reimbursements would be
financed with federal and state funds at 65.13% and 34.87%, respectively.
Legislative Analyst: Rick Yuille
Fiscal Analysts: Marcus Coffin
Kevin Koorstra
■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their
deliberations and does not constitute an official statement of legislative intent.
House Fiscal Agency HB 4551 as introduced Page 2 of 2


Statutes affected:
House Introduced Bill: 333.20165
As Passed by the House: 333.20165