[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2933 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 2933

To amend title XVIII of the Social Security Act to apply the bloodborne 
 pathogens standard in effect under the Occupational Safety and Health 
Act of 1970 through Medicare provider agreements to hospitals that are 
                        not subject to that Act.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 21, 2001

  Mr. English (for himself, Mr. Stark, and Mr. Foley) introduced the 
following bill; which was referred to the Committee on Ways and Means, 
and in addition to the Committees on Energy and Commerce, and Education 
 and the Workforce, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To amend title XVIII of the Social Security Act to apply the bloodborne 
 pathogens standard in effect under the Occupational Safety and Health 
Act of 1970 through Medicare provider agreements to hospitals that are 
                        not subject to that Act.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicare Needlestick Prevention 
Act''.

SEC. 2. APPLICATION OF OSHA BLOODBORNE PATHOGENS STANDARD TO CERTAIN 
              HOSPITALS.

    (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 (R), by striking ``and'' at the 
                end;
                    (B) in subparagraph (S), by striking the period at 
                the end and inserting ``, and''; and
                    (C) by inserting after subparagraph (S) the 
                following new subparagraph:
            ``(T) in the case of hospitals and critical access 
        hospitals that are not otherwise subject to the Occupational 
        Safety and Health Act of 1970, to comply with the Bloodborne 
        Pathogens standard under section 1910.1030 of title 29 of the 
        Code of Federal Regulations (or as subsequently 
        redesignated).''; and
            (2) by adding at the end of subsection (b) the following 
        new paragraph:
    ``(4)(A) A hospital or critical access hospital that fails to 
comply with the requirement of subsection (a)(1)(T) (relating to the 
Bloodborne Pathogens standard) is subject to a civil money penalty in 
an amount described in subparagraph (B).
    ``(B) The amount referred to in subparagraph (A) is an amount that 
is similar to the amount of civil penalties that may be imposed under 
section 17 of the Occupational Safety and Health Act of 1970 for a 
violation of the Bloodborne Pathogens standard referred to in 
subsection (a)(1)(T) by a hospital or critical access hospital that is 
subject to the provisions of such Act.
    ``(C) A civil money penalty under this paragraph shall be imposed 
and collected in the same manner as civil money penalties under 
subsection (a) of section 1128A are imposed and collected under that 
section.''.
    (b) Effective Date.--The amendments made by this section shall 
apply to hospitals as of July 1, 2002.
                                 <all>