Sec. 322. Scope and application
453 words·~2 min read·
/bill/118/s/4120/is/section-322·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this subtitle: The term covered facility means the following: Any hospital, including any specialty hospital, in-patient or outpatient setting, or clinic operating within a hospital license, or any setting that provides outpatient services. Any residential treatment facility, including any nursing home, skilled nursing facility, hospice facility, Alzheimer’s and dementia care facility, or other long-term care facility. Any nonresidential treatment or service setting. Any medical treatment or social service setting or clinic at a correctional or detention facility.
Any community care setting, including a community-based residential facility, group home, and mental health clinic. Any psychiatric treatment facility. Any drug abuse or substance use disorder treatment center. Any independent freestanding emergency center. Any assisted living facility. Any provider of home and community-based services. Any facility described in clauses
(i)through
(x)operated by a Federal Government agency and required to comply with occupational safety and health standards pursuant to part 1960 of title 29, Code of Federal Regulations (as such part is in effect on the date of enactment of this Act). Any other facility the Secretary determines should be covered under the standards promulgated under section 321. The term covered facility does not include an office of a physician, dentist, podiatrist, or any other health practitioner that is not physically located within a covered facility described in clauses
(i)through
(xi)of subparagraph (A). The term covered service means the following services and operations: Any services and operations provided in any field work setting, including home health care, home-based hospice, and home-based social work. Any emergency services and transport, including such services provided by firefighters and emergency responders. Any services described in clauses
(i)and
(ii)performed by a Federal Government agency and required to comply with occupational safety and health standards pursuant to part 1960 of title 29, Code of Federal Regulations (as such part is in effect on the date of enactment of this Act). Any other services and operations the Secretary determines should be covered under the standards promulgated under section 321. The term covered service does not include child day care services. The term covered employer includes a person (including a contractor, a subcontractor, a temporary service firm, or an employee leasing entity) that employs an individual to work at a covered facility or to perform covered services. The term covered employer does not include an individual who privately employs, in the individual’s residence, a person to perform covered services for the individual or a family member of the individual or an individual who receives home and community-based services through a self-directed or participant-directed Medicaid waiver. The term covered employee includes an individual employed by a covered employer to work at a covered facility or to perform covered services.