Legislation Introduced to Make Violence Against Healthcare Workers a Federal Crime
Companion bills have recently been introduced in the House of Representatives and the Senate that seek to make violent attacks on employees of hospitals and healthcare organizations a federal crime. Data released by the U.S. Bureau of Labor Statistics in 2018 revealed that healthcare workers are five times more likely to experience violence in the workplace than workers in other industries. In 2018, healthcare workers accounted for 73% of all nonfatal workplace injuries and illnesses due to violence, and there was an increase in violent incidents during the COVID-19 pandemic.
In January 2024, a poll conducted by the American College of Emergency Physicians revealed that 91% of respondents had either personally experienced violence in the workplace or were aware of a colleague who was a victim of violence in the past year. 40% of respondents said they knew of an attack on a healthcare worker in a trauma center that resulted in moderate to severe disability or death. Last year, the American College of Surgeons reported an increase in violence against surgeons. Jay J. Doucet, MD, MSc, FRCSC, FACS, director of the trauma division at the University of California (UC) San Diego Health, said, “We’ve had six surgeons killed in the last few years.”
While many incidents are perpetrated by patients in emergency rooms and psychiatric units, healthcare workers are also assaulted in other settings, including home health, doctor’s surgeries, maternity units, and elsewhere, and not just by patients. There have been reports of violent behavior from visitors, intimate partners, outsiders, and coworkers.
Violence in the workplace is contributing to an increase in work-related stress, burnout, and job dissatisfaction, and has led many workers to quit the profession. The risk of violence is also making recruitment more difficult. A 2024 National Nurses United Report warned that high and rising rates of workplace violence and employer failure to implement effective prevention strategies are contributing to the current staffing crisis. A 2023 survey revealed that almost half of nurses (45.5%) reported an increase in workplace violence in the past year, and six in 10 nurses reported having either changed or left their job or profession or considered doing so due to workplace violence.
The increase in violence against healthcare workers has prompted bipartisan legislation to make attacks on healthcare workers a federal crime. The bipartisan Save Healthcare Workers Act was introduced last month in the Senate (S.1600) by Sens. Cindy Hyde-Smith (R-MI) and Angus King (I-ME), and the companion House bill (H.R. 3178) by Reps. Mariannette Miller-Meeks (R-IA) and Madeleine Dean (D-PA). The proposed legislation would give healthcare workers similar protections as workers in the airline industry.
There have been previous attempts to introduce similar legislation, such as the Safety from Violence for Healthcare Employees (SAVE) Act in 2023, but none have been successful. While around thirty states have introduced laws that make attacks on healthcare workers a felony, federal legislation is required to discourage attacks and ensure the perpetrators face appropriate justice.
“State and local authorities are now and will continue to be responsible for prosecuting the overwhelming majority of violent crimes in the United States, including assault and intimidation against hospital employees,” according to the bill. “These authorities can address the problem of assault and intimidation against hospital employees more effectively with greater Federal law enforcement involvement… existing Federal law is inadequate to address the problem.”
The legislation calls for federal prison sentences of up to 10 years for attacks on healthcare workers, and enhanced penalties for acts of violence against healthcare workers involving a deadly or dangerous weapon or inflicting bodily injury. Those more serious attacks, as well as violent acts committed during emergency declarations, would be punishable with a jail term of up to 20 years. The legislation has exemptions from prosecution for individuals with intellectual or physical disabilities.
“I believe the federal government can help deter violence and keep our healthcare workers safe by establishing stronger penalties for those who assault hospital employees,” Hyde-Smith said. “Our legislation will protect these workers and, importantly, the people who rely on their care.”
