Save Healthcare Workers Act
The Save Healthcare Workers Act creates a new federal crime: assault of hospital personnel. It makes it illegal to knowingly assault an individual employed by a hospital (or an entity contracting with a hospital) on hospital grounds while the individual is performing duties, with penalties ranging from fines and up to 10 years in prison. The bill adds enhanced penalties (up to 20 years) for assaults that involve a dangerous weapon or result in serious bodily injury, and for assaults that occur during a declared public emergency. It also includes an affirmative defense for defendants with certain disabilities and provides detailed definitions for terms like “hospital,” “grounds of a hospital,” and “dangerous weapon.” A GAO study is required to evaluate the act’s impact on workplace violence in healthcare settings and on federal prosecutions related to such violence. The bill directs a clerical amendment to add the new section to the federal code.
Key Points
- 1Creation of a new federal offense: Assault of hospital personnel. Applies to individuals employed by a hospital or entities contracting with a hospital, on hospital grounds, while performing duties, with interstate commerce involvement sufficient for federal jurisdiction.
- 2Penalties and enhancements:
- 3- General penalties: fines, up to 10 years’ imprisonment, or both.
- 4- Enhanced penalties: up to 20 years if a dangerous weapon is used or serious bodily injury occurs; up to 20 years during a period of a public emergency declared by the President.
- 5Affirmative defense: Defendants with a qualifying disability may raise an affirmative defense if the disability contributed to the conduct; the defense must be shown by a preponderance of the evidence (burden on the defendant).
- 6Definitions: The bill provides detailed definitions for dangerous weapon, declaration of a public emergency, disability, grounds of a hospital, various types of hospitals, and “serious bodily injury.”
- 7Scope of facilities: Broadly defines “hospital” to include hospitals, long-term care hospitals, rehabilitation facilities, children’s hospitals, cancer hospitals, rural and critical access hospitals, and related facility types.
- 8GAO study: Requires the Comptroller General to study the act’s impact on workplace violence in healthcare settings and whether federal prosecutions for such violence have increased or decreased due to federal charging authority.
- 9Clerical amendment: Adds “Assault of hospital personnel” as a new section in the federal code table of sections.