113 STAT. 1316 PUBLIC LAW 106-95—NOV. 12, 1999 "(A) shall provide the nonimmigrant a wage rate and working conditions commensurate with those of nurses similarly employed by the facility; "(B) shall require the nonimmigrant to work hours commensurate with those of nurses similarly employed by the facility; and "(C) shall not interfere with the right of the nonimmigrant to join or organize a union. "(6) For purposes of this subsection and section 101(a)(15)(H)(i)(c), the term 'facility' means a subsection (d) hospital (as defined in section 1886(d)(1)(B) of the Social Security Act (42 U.S.C. 1395ww(d)(l)(B))) that meets the following requirements: "(A) As of March 31, 1997, the hospital was located in a health professional shortage area (as defined in section 332 of the Public Health Service Act (42 U.S.C. 254e)). "(B) Based on its settled cost report filed under title XVIII of the Social Security Act for its cost reporting period beginning during fiscal year 1994— "(i) the hospital has not less than 190 licensed acute care beds; "(ii) the number of the hospital's inpatient days for such period which were made up of patients who (for such days) were entitled to benefits under part A of such title is not less than 35 percent of the total number of such hospital's acute care inpatient days for such period; and "(iii) the number of the hospital's inpatient days for such period which were made up of patients who (for such days) were eligible for medical assistance Tinder a State plan approved under title XIX of the Social Security Act, is not less than 28 percent of the total number of such hospital's acute care inpatient days for such period. "(7) For purposes of paragraph (2)(A)(v), the term lay off, with respect to a worker— "(A) means to cause the worker's loss of employment, other than through a discharge for inadequate performance, violation of workplace rules, cause, voluntary departure, voluntary retirement, or the expiration of a grant or contract; but "(B) does not include any situation in which the worker is offered, as an alternative to such loss of employment, a similar employment opportunity with the same employer at equivalent or higher compensation and benefits than the position from which the employee was discharged, regardless of whether or not the employee accepts the offer. Nothing in this paragraph is intended to limit an employee's or an employer's rights under a collective bargaining agreement or other employment contract.". (c) REPEALER.— Clause (i) of section 101(a)(15)(H) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)) is amended by striking subclause (a). Deadline. (d) IMPLEMENTATION.— Not later than 90 days after the date Regulations. gf the enactment of this Act, the Secretary of Labor (in consultation, 8 USC 1182 note. ^^ ^^le extent required, with the Secretary of Health and Human Services) and the Attorney General shall promulgate final or interim final regulations to carry out section 212(m) of the Immigration and Nationality Act (as amended by subsection (b)).
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