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Title II — Amendments to the Social Security Act

S. 851 · 116th Congress · Mar 14, 2019 · Lineage

II Amendments to the Social Security Act

Sec. 201 Application of the workplace violence prevention 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)
by moving the indentation of subparagraph (W) 2 ems to the left;
(B)
in subparagraph (X)—
(i)
by moving the indentation 2 ems to the left; and
(ii)
by striking “and” at the end;
(C)
in subparagraph (Y), by striking the period at the end and inserting “; and”; and
(D)
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 Workplace Violence Prevention Standard (as promulgated under section 101 of the Workplace Violence Prevention for Health Care and Social Service Workers Act).”

(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 Workplace Violence Prevention Standard)” 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 Workplace Violence Prevention standard 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 year after the date of issuance of the interim final standard on workplace violence prevention required under section 101.