,i #aaith ,,congress #ast ,session ,h4 ,r4 #cagh ,,in ,,the ,,house ,,of ,,representatives ,may #e1 #bjbe,ms4 ,dean of ,pennsylvania 7for herself and ,mrs4 ,miller-,meeks7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to protect hospital personnel from violence1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,save ,healthcare ,workers ,act4 #b4 ,prevention of violence against hospital personnel 7a7 ,findings ,congress makes the following findings3 7#a7 ,the incidence of assault and intimidation against hospital employees poses a serious national problem4 7#b7 ,the problem of assault and intimidation against hospital and health care employees preceded the ,,covid-#ai pandemic4 ,according to an ,april #bjbj ,bureau of ,labor ,statistics report1 the health care and social service industries experienced the highest rates of injuries caused by workplace violence and were #e times as likely to suffer a workplace violence injury than workers overall in #bjah4 ,that report also found that the incidence rate for workplace violence against health care workers had steadily increased since #bjaa4 ,the ,,covid-#ai pandemic exacerbated this growing problem4 7#c7 ,workplace violence in hospitals inhibits hospital employees from performing their duties and thereby disrupts the delivery of health care services and leads to adverse patient outcomes4 ,violence towards hospital workers also has been associated with decreased productivity and quality of care1 employee absenteeism1 and increased employee turnover4 7#d7 ,state and local authorities are now and will continue to be responsible for prosecuting the overwhelming majority of violent crimes in the ,united ,states1 including assault and intimidation against hospital employees4 ,these authorities can address the problem of assault and intimidation against hospital employees more effectively with greater ,federal law enforcement involvement4 7#e7 ,existing ,federal law is inadequate to address this problem4 7#f7 ,assault and intimidation against hospital employees substantially affects interstate commerce in many ways1 including the following3 7,a7 ,health care services are a significant part of the national economy4 ,in #bjbc1 expenditures on health care services accounted for #ag4f percent of the country's gross domestic product4 ,within health care1 hospitals and health systems are economic pillars that create jobs and support economic growth across ,state lines4 7,b7 ,the health care market1 and hospitals in particular1 are heavily regulated by the ,federal ,government4 7,c7 ,hospital revenue comes from interstate or ,federal sources1 such as out-of-,state insurers or ,medicare4 7,d7 ,hospital employees who are victims of assault or intimidation are prevented from purchasing goods and services1 obtaining or sustaining employment1 or participating in other commercial activity4 7,e7 ,facilities and instrumentalities of interstate commerce have been used in the commission of assault and intimidation against hospital employees4 7,f7 ,assault and intimidation against hospital employees has been committed using articles that have traveled in interstate commerce4 7#g7 ,in ,summit ,health1 ,ltd4 v4 ,pinhas1 #ejj ,u4,s4 #cbb1 #cbi-cj 7#aiia71 the ,supreme ,court of the ,united ,states held that it is clear that hospitals are regularly engaged in interstate commerce1 performing services for out-of-,state patients and generating revenues from out-of-,state sources4 7#h7 ,in ,taylor v4 ,united ,states1 #egi ,u4,s47#bjaf71 the ,supreme ,court of the ,united ,states ruled that activities that affect commerce may be regulated so long as they substantially affect interstate commerce in the aggregate1 even if their individual impact on interstate commerce is minimal4 ,in addition1 as the ,united ,states ,court of ,appeals for the ,fourth ,circuit recognized in ,united ,states v4 ,hill1 #ibg ,f4#c;d #ahh 7#dth ,cir4 #bjai71 ,taylor and other ,supreme ,court decisions establish that when ,congress may regulate an economic or commercial activity--as it may with respect to hospitals--it also may regulate violent conduct that interferes with or affects that activity4 ,accordingly1 if individuals are engaged in ongoing economic or commercial activity subject to congressional regulation--as hospital employees are--then ,congress also may prohibit violent crime that interferes with or affects such individuals' ongoing economic or commercial activity4 7#i7 ,federal jurisdiction over certain violent crimes against hospital employees enables ,federal1 ,state1 and local authorities to work together as partners in the investigation and prosecution of such crimes4 7#aj7 ,the problem of assault and intimidation against hospital employees is serious1 widespread1 and interstate in nature as to warrant ,federal assistance to hospitals to combat that activity4 7b7 ,prohibition on assault of hospital personnel in the performance of duties 7#a7 ,in general ,chapter #g of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #abj4 ,assault of hospital personnel 7a7 ,in general ,whoever knowingly assaults an individual employed by a hospital1 or an entity contracting with a hospital or other medical facility1 during the course of the performance of the duties of such individual1 and1 as a result1 interferes with the performance of the duties of such individual or limits the ability of such individual to perform such duties1 shall be fined under this title1 imprisoned not more than #aj years1 or both4 7b7 ,enhanced penalties 7#a7 ,acts involving dangerous weapons or acts that result in bodily injury ,whoever1 in the commission of any act described in subsection 7a71 uses a deadly or dangerous weapon or inflicts bodily injury1 shall be fined under this title or imprisoned not more than #bj years1 or both4 7#b7 ,acts committed during emergency declarations ,whoever commits any act described in subsection 7a7 during the period of a declaration of a public emergency for the area in which the act is committed shall be fined under this title or imprisoned not more than #bj years1 or both4 7c7 ,affirmative defense ,it shall be an affirmative defense to a prosecution under this section that-- 7#a7 the defendant is a person with a physical1 mental1 or intellectual disability2 and 7#b7 the conduct of the defendant was a clear and direct manifestation of such disability4 7d7 ,definitions ,in this section3 7#a7 ,hospital ,the term hospital means any of the following medical facilities3 7,a7 ,a hospital 7as defined in section #ahfa7;e7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciex7e7774 7,b7 ,a long-term care hospital 7as defined in section #ahfa7;ccc7 of such ,act 7#db ,u4,s4,c4 #aciex7ccc7774 7,c7 ,a rehabilitation facility 7as defined in section #ahhf7;j77#a77;,a7 of such ,act 7#db ,u4,s4,c4 #acieww7j77#a77;,a7774 7,d7 ,a cancer hospital 7as described in section #ahhf7;d77#a77;,b77iii7 of such ,act 7#db ,u4,s4,c4 #acieww7d77#a77;,b77iii7774 7,e7 ,a children's hospital 7as described in section #ahhf7;d77#a77;,b77v7 of such ,act 7#db ,u4,s4,c4 #acieww7d77#a77;,b77v7774 7,f7 ,a critical access hospital 7as defined in section #ahfa7mm77#a7 of such ,act 7#db ,u4,s4,c4 #aciex7mm77#a7774 7,g7 ,a rural emergency hospital 7as defined in section #ahfa7kkk77#b7 of such ,act 7#db ,u4,s4,c4 #aciex7kkk77#b7774 7#b7 ,declaration of a public emergency ,the term declaration of a public emergency means any of the following3 7,a7 ,a public health emergency declared by the ,secretary of ,health and ,human ,services under section #cai of the ,public ,health ,service ,act4 7,b7 ,an emergency or disaster declared by the ,president pursuant to the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act4 4 7#b7 ,clerical amendment ,the table of sections for chapter #g of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #abj4 ,assault of hospital personnel4 4 7c7 ,grants for the protection of the hospital workforce against violence ,title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaja et seq47 is amended by inserting after part ,,oo the following3 ,,pp ,,grant ,,program ,,for ,,hospital ,,workforce ,,safety ,,and ,,security #cjfa4 ,grant authorization 7a7 ,in general ,the ,attorney ,general may make grants under this part to hospitals for the purpose of carrying out programs to reduce the incidence of violence at hospitals1 including violence or intimidation against hospital personnel in the performance of their duties4 7b7 ,use of funds ,a grant awarded under this part shall be used to reduce the incidence of violence at hospitals through programs that may include one or more of the following3 7#a7 ,training hospital personnel to prevent violence or intimidation against others or themselves1 including de-escalation training and specialized training in responding to mental health crises4 7#b7 ,coordination with ,state and local law enforcement4 7#c7 ,placement and use of hospital access control technologies1 video surveillance1 metal detection1 panic buttons1 status alert systems1 restricted access capabilities1 and safe patient and staff rooms1 and other violence-prevention tools or measures4 7#d7 ,any other measures that the ,attorney ,general determines may provide a significant improvement in-- 7,a7 training for violence prevention at hospitals2 and 7,b7 protection against violence and intimidation of hospital personnel4 7c7 ,preferential consideration in awarding grants ,in awarding grants under this part1 the ,attorney ,general shall give preferential consideration1 if feasible1 to an application from a hospital that-- 7#a7 has a demonstrated need for improved security2 7#b7 has a demonstrated need for financial assistance2 and 7#c7 has evidenced the ability to make the improvements for which the grant amounts are sought4 7d7 ,equitable distribution of grant funds ,in awarding grants under this part1 the ,attorney ,general shall ensure1 to the extent practicable1 an equitable geographic distribution among the regions of the ,united ,states and among urban1 suburban1 and rural areas4 7e7 ,administrative costs ,not more than #b percent of a grant made under this part may be used for costs incurred to administer such grant4 #cjfb4 ,applications 7a7 ,in general ,to request a grant under this part1 the chief executive of a hospital shall submit an application to the ,attorney ,general at such time1 in such form1 and containing such information as the ,attorney ,general may reasonably require4 7b7 ,requirements ,each application under this section shall include-- 7#a7 a detailed explanation of-- 7,a7 the intended uses of funds provided under the grant2 and 7,b7 how the activities funded under the grant will satisfy the purpose of this part2 7#b7 an assurance that the applicant shall maintain and report such programmatic and financial data1 records1 and information as the ,attorney ,general may reasonably require2 and 7#c7 a certification1 made in a form acceptable to the ,attorney ,general1 that-- 7,a7 the programs to be funded by the grant meet all the requirements of this part2 7,b7 all the information contained in the application is correct2 and 7,c7 the applicant will comply with all provisions of this part and all other applicable ,federal laws4 7c7 ,guidelines ,not later than #ij days after the date of the enactment of this part1 the ,attorney ,general shall promulgate guidelines to implement this section4 #cjfc4 ,annual report to congress2 grant accountability 7a7 ,annual report ,not later than #ij days after the end of the fiscal year for which funding for grants under this part is made available1 the ,attorney ,general shall submit to ,congress a report regarding the activities carried out under this part4 ,each such report shall include1 for the preceding fiscal year1 the number of grants funded under this part1 the amount of funds provided under those grants1 and the activities for which those grant funds were used4 7b7 ,grant accountability ,section #cjbf 7relating to grant accountability7 shall apply to grants awarded by ,attorney ,general under this part4 ,for purposes of the preceding sentence1 any references in section #cjbf to part ,,ll shall be considered references to part ,,pp4 #cjfd4 ,definition ,for purposes of this part1 the term hospital has the meaning given such term in section #abj7;d77#a7 of title #ah1 ,united ,states ,code4 #cjfe4 ,authorization of appropriations ,there are authorized to be appropriated #be1jjj1jjj for each of fiscal years #bjbe through #bjcd to carry out this part4 ,funds appropriated for a fiscal year pursuant to the preceding sentence shall remain available until expended4 4