ABSTRACT

Prescription Drug Law of 2003 — The new Medicare law requires hospitals not required by law to comply with the OSHA Bloodborne Pathogens standard to agree contractually to comply with those standards. An obscure provision included in the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 contained a provision titled “Application of OSHA Bloodborne Pathogens Standard to Certain Hospitals.” Under this provision, for hospitals to be eligible to participate in Medicare they must comply with the following requirements:

• Any hospitals not subject to the Occupational Safety and Health Act of 1970 or an approved state plan must comply with the Bloodborne Pathogens standard under Section 1910.1030 of Title 29 of the Code of Federal Regulations.