(2) RESPONSE TO COMPLAINT.—For any com-
plaint so filed, the Secretary shall— 
(A) receive and investigate the complaint; 
(B) determine whether a violation of this 
Act as alleged in the complaint has occurred; 
and 
(C) if such a violation has occurred, issue 
an order that sets forth the violation and the 
required remedy or remedies. 
(3) REMEDIES.—The Secretary shall have the 
authority to order all appropriate remedies for such 
violations. 
(e) CAUSE OF ACTION.—Any direct-care registered 
nurse or other health care worker who has been dis-
charged, discriminated, or retaliated against in violation 
of this section may bring a cause of action in a United 
States district court. A direct-care registered nurse or 
other health care worker who prevails on the cause of ac-
tion shall be entitled to the following: 
(1) Reinstatement, reimbursement of lost 
wages, compensation, and benefits. 
(2) Attorneys’ fees. 
(3) Court costs. 
(4) Other damages. 
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(f) NOTICE.—A health care employer shall include in 
the notice required under section 2(b)(7) an explanation 
of the rights of direct-care registered nurses and health 
care workers under this section and a statement that a 
direct-care registered nurse or health care worker may file 
a complaint with the Secretary against a health care em-
ployer that violates the safe patient handling and injury 
prevention standard, including instructions for how to file 
such a complaint. 
(g) ADDITION
TO CURRENT PROTECTIONS.—The 
worker protections provided for under this section are in 
addition to protections provided in section 11(c) of the Oc-
cupational Safety and Health Act of 1970 (29 U.S.C. 
660(c)). 
SEC. 4. APPLICATION OF SAFE PATIENT HANDLING AND IN-
JURY PREVENTION STANDARD TO HEALTH 
CARE FACILITIES NOT COVERED BY OSHA. 
(a) IN GENERAL.—Section 1866 of the Social Secu-
rity Act (42 U.S.C. 1395cc) is amended— 
(1) in subsection (a)(1)(V), by inserting ‘‘and 
safe patient handling and injury prevention standard 
(as initially promulgated under section 2 of the 
Nurse and Health Care Worker Protection Act of 
2009)’’ before the period at the end; and 
(2) in subsection (b)(4)— 
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(A) in subparagraph (A), inserting ‘‘and 
the safe patient handling and injury prevention 
standard’’ after ‘‘Bloodborne Pathogens stand-
ard’’; and 
(B) in subparagraph (B), inserting ‘‘or the 
safe patient handling and injury prevention 
standard’’ after ‘‘Bloodborne Pathogens stand-
ard’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall apply to health care facilities 1 year 
after date of issuance of the final safe patient handling 
and injury prevention standard required under section 2. 
SEC. 5. FINANCIAL ASSISTANCE TO NEEDY HEALTH CARE 
FACILITIES IN THE PURCHASE OF SAFE PA-
TIENT HANDLING AND INJURY PREVENTION 
EQUIPMENT. 
(a) IN GENERAL.—The Secretary of Health and 
Human Services shall establish a grant program that pro-
vides financial assistance to cover some or all of the costs 
of purchasing safe patient handling and injury prevention 
equipment for health care facilities, such as hospitals, 
nursing facilities, home health care, and outpatient facili-
ties, that— 
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(1) require the use of such equipment in order 
to comply with the safe patient handling and injury 
prevention standard; but 
(2) demonstrate the financial need for assist-
ance for purchasing the equipment required under 
such standard. 
(b) APPLICATION.—No financial assistance shall be 
provided under this section except pursuant to an applica-
tion made to the Secretary of Health and Human Services 
in such form and manner as the Secretary shall specify. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated for financial assistance 
under this section $200,000,000, of which $50,000,000 
will be available specifically for home health agencies or 
entities. Funds appropriated under this subsection shall 
remain available until expended. 
SEC. 6. DEFINITIONS. 
For purposes of this Act: 
(1) DIRECT-CARE
REGISTERED
NURSE.—The 
term ‘‘direct-care registered nurse’’ means an indi-
vidual who has been granted a license by at least 
one State to practice as a registered nurse and who 
provides bedside care or outpatient services for one 
or more patients or residents. 
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(2) HEALTH CARE WORKER.—The term ‘‘health 
care worker’’ means an individual who has been as-
signed to lift, reposition, or move patients or resi-
dents in a health care facility. 
(3) EMPLOYMENT.—The term ‘‘employment’’ 
includes the provision of services under a contract or 
other arrangement. 
(4) HEALTH
CARE
EMPLOYER.—The term 
‘‘health care employer’’ means an outpatient health 
care facility, hospital, nursing home, home health 
care agency, hospice, federally qualified health cen-
ter, nurse managed health center, rural health clinic, 
or any similar health care facility that employs di-
rect-care registered nurses or other health care 
workers. 
Æ 
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