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Title II — Amendments to the Social Security Act

S. 3475 · 116th Congress · Mar 12, 2020 · Lineage

II Amendments to the Social Security Act

Sec. 201 Application of COVID–19 emergency temporary standard to certain facilities receiving Medicare funds

(a)
In general— Section 1866 of the Social Security Act (42 U.S.C. 1395cc) is amended—
(1)
in subsection (a)(1)—
(A)
in subparagraph (X), by striking “and” at the end;
(B)
in subparagraph (Y), by striking the period at the end and inserting “; and”; and
(C)
by inserting after subparagraph (Y) the following new subparagraph:

“(Z) in the case of hospitals that are not otherwise subject to the Occupational Safety and Health Act of 1970 (or a State occupational safety and health plan that is approved under 18(b) of such Act) and skilled nursing facilities that are not otherwise subject to such Act (or such a State occupational safety and health plan), to comply with the standards promulgated under section 101 of the COVID–19 Health Care Worker Protection Act of 2020.”

(2)
in subsection (b)(4)—
(A)
in subparagraph (A), by inserting “and a hospital or skilled nursing facility that fails to comply with the requirement of subsection (a)(1)(Z) (relating to the standards promulgated under section 101 of the COVID–19 Health Care Worker Protection Act of 2020)” after “Bloodborne Pathogens Standard)”; and
(B)
in subparagraph (B)—
(i)
by striking “(a)(1)(U)” and inserting “(a)(1)(V)”; and
(ii)
by inserting “(or, in the case of a failure to comply with the requirement of subsection (a)(1)(Z), for a violation of the standards referred to in such subsection by a hospital or skilled nursing facility, as applicable, that is subject to the provisions of such Act)” before the period at the end.
(b)
Effective date— The amendments made by subsection (a) shall apply beginning on the date that is 1 month after the date of promulgation of the emergency temporary standard under section 101 of the COVID–19 Health Care Worker Protection Act of 2020.