Page:United States Statutes at Large Volume 117.djvu/2444

 PUBLIC LAW 108–173—DEC. 8, 2003

117 STAT. 2425

are highly specialized services of a registered professional nurse and are provided non-routinely and so infrequently so that the provision of such services directly would be impracticable and prohibitively expensive.’’. (b) CONFORMING PAYMENT PROVISION.—Section 1814(i) (42 U.S.C. 1395f(i)), as amended by section 512(b), is amended by adding at the end the following new paragraph: ‘‘(5) In the case of hospice care provided by a hospice program under arrangements under section 1861(dd)(5)(D) made by another hospice program, the hospice program that made the arrangements shall bill and be paid for the hospice care.’’. (c) EFFECTIVE DATE.—The amendments made by this section shall apply to hospice care provided on or after the date of the enactment of this Act. SEC.

947.

APPLICATION OF OSHA BLOODBORNE STANDARD TO CERTAIN HOSPITALS.

42 USC 1395f note.

PATHOGENS

(a) IN GENERAL.—Section 1866 (42 U.S.C. 1395cc), as amended by section 506, is amended— (1) in subsection (a)(1)— (A) in subparagraph (T), by striking ‘‘and’’ at the end; (B) in subparagraph (U), by striking the period at the end and inserting ‘‘, and’’; and (C) by inserting after subparagraph (U) the following new subparagraph: ‘‘(V) 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), 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 that fails to comply with the requirement of subsection (a)(1)(V) (relating to the Bloodborne Pathogens standard) is subject to a civil money penalty in an amount described in subparagraph (B), but is not subject to termination of an agreement under this section. ‘‘(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)(U) by a 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 subsection (a) shall apply to hospitals as of July 1, 2004.

42 USC 1395cc note.

SEC. 948. BIPA-RELATED TECHNICAL AMENDMENTS AND CORRECTIONS.

(a) TECHNICAL AMENDMENTS RELATING TO ADVISORY COMMITTEE UNDER BIPA SECTION 522.—(1) Subsection (i) of section 1114 (42 U.S.C. 1314)— (A) is transferred to section 1862 and added at the end of such section; and

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42 USC 1395y.

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