The Latest: HAP submitted comments to the Department of Labor & Industry (L&I) about its proposed regulations for the Prohibition of Excessive Overtime in Health Care Act. In its comments, HAP supports L&I’s regulatory approach to addressing complaint investigations, penalties, and the procedural hearing process. HAP indicated that the proposed regulations outline a fair and understandable process and clarifies how complaints will be addressed. HAP noted that it believes the proposed regulations provide for consistency in the application of the law under the auspices of L&I’s investigative staff. HAP also indicated that it supports the provision in the proposed regulations that allows for facilities to internally appeal any preliminary decision within L&I before appealing the decision to Commonwealth Court. Additionally, HAP encouraged L&I to consider providing education and guidance for health care facilities regarding any trends that have been identified through the evaluation of the investigated and validated complaints.

Background: Since the passage of Act 102 of 2008, HAP has been working with L&I to address the development of Act 102 regulations. During early 2011, L&I promulgated draft stakeholder regulations for Act 102 that in HAP’s assessment, exceeded statutory authority. HAP worked with the incoming Corbett administration to withdraw those draft regulations. HAP shared concern regarding interpretation of unforeseen emergent circumstances, unexpected absences, on-call time, and the need to define the term “agreed to, pre-determined regularly scheduled work shift.”

Additional Information:

• Prohibition of Excessive Overtime in Health Care Act Regulations (July 14 Pennsylvania Bulletin)
• HAP Recommendations for Development of Regulations
• HAP Resources for Prohibition of Excessive Overtime in Health Care Act
• L&I Resources for Prohibition of Excessive Overtime in Health Care Act

• Comment Letter to the Department of Labor & Industry (L&I) on Prohibition of Excessive Overtime Proposed Regulations
  Publication
• Update: Act 102—Prohibition of Excessive Overtime
  HAP Memo