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42 U.S.C. § 238m — Recovery
Federal law — U.S. Code and appendices · legal_authorities
**(a) Right of United States to recover base amount plus interest** If any facility with respect to which funds have been paid under the Community Mental Health Centers Act [[42 U.S.C. 2689](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2689&num=0&edition=prelim) et seq.] (as such Act was in effect prior to October 1, 1981) is, at any time within twenty years after the completion of remodeling, construction, or expansion or after the date of its acquisition—
(1) sold or transferred to any entity (A) which would not have been qualified to file an application under section 222 of such Act [[42 U.S.C. 2689j](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2689j&num=0&edition=prelim)] (as such section was in effect prior to October 1, 1981) or (B) which is disapproved as a transferee by the State mental health agency or by another entity designated by the chief executive officer of the State, or
(2) ceases to be used by a community mental health center in the provision of comprehensive mental health services,
the United States shall be entitled to recover from the transferor, transferee, or owner of the facility, the base amount prescribed by subsection (c)(1) plus the interest (if any) prescribed by subsection (c)(2).
**(b) Notice of sale, transfer, or change** The transferor and transferee of a facility that is sold or transferred as described in subsection (a)(1), or the owner of a facility the use of which changes as described in subsection (a)(2), shall provide the Secretary written notice of such sale, transfer, or change within 10 days after the date on which such sale, transfer, or cessation of use occurs or within 30 days after October 22, 1985, whichever is later.
**(c) Base amount; interest**
(1) The
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 238m
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Stable record: federal_law:legal_authorities:record_usc_05c49bcd187ddcc5145a4b9d
Source file: Laws/federal/codes/united-states-code/title-42/section-238m-recovery--986fcbd78e.md
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Source location: Title 42, Chapter 6A, § 238m; chapter-6a-public-health-service.md
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**(a) Right of United States to recover base amount plus interest** If any facility with respect to which funds have been paid under the Community Mental Health Centers Act [[42 U.S.C. 2689](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2689&num=0&edition=prelim) et seq.] (as such Act was in effect prior to October 1, 1981) is, at any time within twenty years after the completion of remodeling, construction, or expansion or after the date of its acquisition—
(1) sold or transferred to any entity (A) which would not have been qualified to file an application under section 222 of such Act [[42 U.S.C. 2689j](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2689j&num=0&edition=prelim)] (as such section was in effect prior to October 1, 1981) or (B) which is disapproved as a transferee by the State mental health agency or by another entity designated by the chief executive officer of the State, or
(2) ceases to be used by a community mental health center in the provision of comprehensive mental health services,
the United States shall be entitled to recover from the transferor, transferee, or owner of the facility, the base amount prescribed by subsection (c)(1) plus the interest (if any) prescribed by subsection (c)(2).
**(b) Notice of sale, transfer, or change** The transferor and transferee of a facility that is sold or transferred as described in subsection (a)(1), or the owner of a facility the use of which changes as described in subsection (a)(2), shall provide the Secretary written notice of such sale, transfer, or change within 10 days after the date on which such sale, transfer, or cessation of use occurs or within 30 days after October 22, 1985, whichever is later.
**(c) Base amount; interest**
(1) The base amount that the United States is entitled to recover under subsection (a) is the amount bearing the same ratio to the then value (as determined by the agreement of the parties or in an action brought in the district court of the United States for the district in which the facility is situated) of so much of the facility as constituted an approved project or projects as the amount of the Federal participation bore to the cost of the remodeling, construction, expansion, or acquisition of the project or projects.
(2)
(A) The interest that the United States is entitled to recover under subsection (a) is the interest for the period (if any) described in subparagraph (B) at a rate (determined by the Secretary) based on the average of the bond equivalent rates of ninety-one-day Treasury bills auctioned during that period.
(B) The period referred to in subparagraph (A) is the period beginning—
(i) if notice is provided as prescribed by subsection (b), 191 days after the date on which such sale, transfer, or cessation of use occurs, or
(ii) if notice is not provided as prescribed by subsection (b), 11 days after such sale, transfer, or cessation of use occurs,
and ending on the date the amount the United States is entitled to recover is collected.
**(d) Waiver of recovery rights** The Secretary may waive the recovery rights of the United States under subsection (a) with respect to a facility (under such conditions as the Secretary may establish by regulation) if the Secretary determines that there is good cause for waiving such rights.
**(e) Pre-judgment lien** The right of recovery of the United States under subsection (a) shall not, prior to judgment, constitute a lien on any facility.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Grant authority** The Secretary may make grants to States, and in consultation with State health authorities, to political subdivisions of States and to other public entities to assist them in meeting the costs of establishing and maintaining preventive health service programs.
**(b) Application** No grant may be made under section (a) 11 So in original. Probably should be “subsection (a)”. unless an application therefor has been submitted to, and approved by, the Secretary. Such an application shall be in such form and be submitted in such manner as the Secretary shall by regulation prescribe and shall provide—
(1) a complete description of the type and extent of the program for which the applicant is seeking a grant under subsection (a);
(2) with respect to each such program (A) the amount of Federal, State, and other funds obligated by the applicant in its latest annual accounting period for the provision of such program, (B) a description of the services provided by the applicant in such program in such period, (C) the amount of Federal funds needed by the applicant to continue providing such services in such program, and (D) if the applicant proposes changes in the provision of the services in such program, the priorities of such proposed changes, reasons for such changes, and the amount of Federal funds needed by the applicant to make such changes;
(3) assurances satisfactory to the Secretary that the program which will be provided with funds under a grant under subsection (a) will be provided in a manner consistent with the State health plan in effect under section 300m–3(c) 22 See References in Text note below. of this title and in those cases where the applicant is a State, that such program will be provided, where appropriate, in a manner consistent
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 247b
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment of Office** There is established within the Office of the Secretary, an Office on Women’s Health (referred to in this section as the “Office”). The Office shall be headed by a Deputy Assistant Secretary for Women’s Health who may report to the Secretary.
**(b) Duties** The Secretary, acting through the Office, with respect to the health concerns of women, shall—
(1) establish short-range and long-range goals and objectives within the Department of Health and Human Services and, as relevant and appropriate, coordinate with other appropriate offices on activities within the Department that relate to disease prevention, health promotion, service delivery, research, and public and health care professional education, for issues of particular concern to women throughout their lifespan; 11 So in original. Probably should be “lifespans;”.
(2) provide expert advice and consultation to the Secretary concerning scientific, legal, ethical, and policy issues relating to women’s health;
(3) monitor the Department of Health and Human Services’ offices, agencies, and regional activities regarding women’s health and identify needs regarding the coordination of activities, including intramural and extramural multidisciplinary activities;
(4) establish a Department of Health and Human Services Coordinating Committee on Women’s Health, which shall be chaired by the Deputy Assistant Secretary for Women’s Health and composed of senior level representatives from each of the agencies and offices of the Department of Health and Human Services;
(5) establish a National Women’s Health Information Center to—
(A) facilitate the exchange of information regarding matters relating to health information, health promotion, preventive health services, research advances, and e
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 238
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 88–164, title II, § 262, as added Pub. L. 90–574, title III, § 303(a), Oct. 15, 1968, 82 Stat. 1010, authorized use of up to 1 per centum of appropriated funds by Secretary for evaluation of programs authorized by this subchapter.
#### Effective Date of Repeal
Pub. L. 91–296, title IV, § 401(b)(2), June 30, 1970, 84 Stat. 352, provided that the repeal by that section is effective with respect to appropriations for fiscal years beginning after June 30, 1970.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2689m
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General rule** Compensation awarded under the Program to a petitioner under [section 300aa–11 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300aa-11&num=0&edition=prelim) for a vaccine-related injury or death associated with the administration of a vaccine after October 1, 1988, shall include the following:
(1)
(A) Actual unreimbursable expenses incurred from the date of the judgment awarding such expenses and reasonable projected unreimbursable expenses which—
(i) result from the vaccine-related injury for which the petitioner seeks compensation,
(ii) have been or will be incurred by or on behalf of the person who suffered such injury, and
(iii)
(I) have been or will be for diagnosis and medical or other remedial care determined to be reasonably necessary, or
(II) have been or will be for rehabilitation, developmental evaluation, special education, vocational training and placement, case management services, counseling, emotional or behavioral therapy, residential and custodial care and service expenses, special equipment, related travel expenses, and facilities determined to be reasonably necessary.
(B) Subject to [section 300aa–16(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300aa–16/a/2&num=0&edition=prelim), actual unreimbursable expenses incurred before the date of the judgment awarding such expenses which—
(i) resulted from the vaccine-related injury for which the petitioner seeks compensation,
(ii) were incurred by or on behalf of the person who suffered such injury, and
(iii) were for diagnosis, medical or other remedial care, rehabilitation, developmental evaluation, special education, vocational training and
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 300aa–15
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General rule** In the case of—
(1) a vaccine set forth in the Vaccine Injury Table which is administered before October 1, 1988, if a vaccine-related injury or death occurred as a result of the administration of such vaccine, no petition may be filed for compensation under the Program for such injury or death after the expiration of 28 months after October 1, 1988, and no such petition may be filed if the first symptom or manifestation of onset or of the significant aggravation of such injury occurred more than 36 months after the date of administration of the vaccine,
(2) a vaccine set forth in the Vaccine Injury Table which is administered after October 1, 1988, if a vaccine-related injury occurred as a result of the administration of such vaccine, no petition may be filed for compensation under the Program for such injury after the expiration of 36 months after the date of the occurrence of the first symptom or manifestation of onset or of the significant aggravation of such injury, and
(3) a vaccine set forth in the Vaccine Injury Table which is administered after October 1, 1988, if a death occurred as a result of the administration of such vaccine, no petition may be filed for compensation under the Program for such death after the expiration of 24 months from the date of the death and no such petition may be filed more than 48 months after the date of the occurrence of the first symptom or manifestation of onset or of the significant aggravation of the injury from which the death resulted.
**(b) Effect of revised table** If at any time the Vaccine Injury Table is revised and the effect of such revision is to permit an individual who was not, before such revision, eligible to seek compensation under the Program, or to significantly increase the likelihoo
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 300aa–16
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Grants and contracts for research**
(1) Under section 242l of this title, the Secretary, acting through the Director of the National Institutes of Health—
(A) shall, for the purpose described in paragraph (2), make grants to, enter into cooperative agreements and contracts with, and provide technical assistance to, international organizations concerned with public health; and
(B) may, for such purpose, provide technical assistance to foreign governments.
(2) The purpose referred to in paragraph (1) is promoting and expediting international research and training concerning the natural history and pathogenesis of the human immunodeficiency virus and the development and evaluation of vaccines and treatments for acquired immune deficiency syndrome and opportunistic infections.
**(b) Grants and contracts for additional purposes** After consultation with the Administrator of the Agency for International Development, the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall under section 242l of this title make grants to, enter into contracts with, and provide technical assistance to, international organizations concerned with public health and may provide technical assistance to foreign governments, in order to support—
(1) projects for training individuals with respect to developing skills and technical expertise for use in the prevention, diagnosis, and treatment of acquired immune deficiency syndrome; and
(2) epidemiological research relating to acquired immune deficiency syndrome.
**(c) Special Programme of World Health Organization** Support provided by the Secretary pursuant to this section shall be in furtherance of the global strategy of the World Health Organization Special Programme on Acquired Immunodefici
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 300cc–15
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authorization of appropriations** For the purpose of making allotments under [section 300ee–11(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300ee–11/a&num=0&edition=prelim), there are authorized to be appropriated $165,000,000 for fiscal year 1989 and such sums as may be necessary for each of the fiscal years 1990 and 1991.
**(b) Availability to States** Any amounts paid to a State under [section 300ee–11(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300ee–11/a&num=0&edition=prelim) shall remain available to the State until the expiration of the 1-year period beginning on the date on which the State receives such amounts.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 300ee–2
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Uses** A State may use amounts provided under a grant awarded under [section 300ff–21 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300ff-21&num=0&edition=prelim) to make grants under [section 300ff–22(b)(3)(J) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300ff–22/b/3/J&num=0&edition=prelim) to entities to—
(1) provide home- and community-based health services for individuals with HIV/AIDS pursuant to written plans of care prepared by a case management team, that shall include appropriate health care professionals, in such State for providing such services to such individuals;
(2) provide outreach services to individuals with HIV/AIDS, including those individuals in rural areas; and
(3) provide for the coordination of the provision of services under this section with the provision of HIV-related health services, including specialty care and vaccinations for hepatitis co-infection, provided by public and private entities.
**(b) Priority** In awarding grants under subsection (a), a State shall give priority to entities that provide assurances to the State that—
(1) such entities will participate in HIV care consortia if such consortia exist within the State; and
(2) such entities will utilize amounts provided under such grants for the provision of home- and community-based services to low-income individuals with HIV/AIDS.
**(c) “Home- and community-based health services” defined** As used in [section 300ff–21 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300ff-21&num=0&edition=prelim), the term “home- and community-based health services”—
(1) means, with respect to an individual with HIV/AIDS, skilled health services furnish
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 300ff–26
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** A group health plan and a health insurance issuer offering group or individual health insurance coverage that provides dependent coverage of children shall continue to make such coverage available for an adult child until the child turns 26 years of age. Nothing in this section shall require a health plan or a health insurance issuer described in the preceding sentence to make coverage available for a child of a child receiving dependent coverage.
**(b) Regulations** The Secretary shall promulgate regulations to define the dependents to which coverage shall be made available under subsection (a).
**(c) Rule of construction** Nothing in this section shall be construed to modify the definition of “dependent” as used in title 26 with respect to the tax treatment of the cost of coverage.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 300gg–14
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment of Fund**
(1) **In general** — There is established a fund to be known as the World Trade Center Health Program Fund (referred to in this section as the “Fund”).
(2) **Funding** — Out of any money in the Treasury not otherwise appropriated, there shall be deposited into the Fund for fiscal year 2016 and each subsequent fiscal year through fiscal year 2090—
(A) the Federal share, consisting of an amount equal to—
(i) for fiscal year 2016, $330,000,000;
(ii) for fiscal year 2017, $345,610,000;
(iii) for fiscal year 2018, $380,000,000;
(iv) for fiscal year 2019, $440,000,000;
(v) for fiscal year 2020, $485,000,000;
(vi) for fiscal year 2021, $501,000,000;
(vii) for fiscal year 2022, $518,000,000;
(viii) for fiscal year 2023, $535,000,000;
(ix) for fiscal year 2024, $552,000,000;
(x) for fiscal year 2025, $570,000,000; and
(xi) for each subsequent fiscal year through fiscal year 2090, the amount specified under this subparagraph for the previous fiscal year increased by the percentage increase in the consumer price index for all urban consumers (all items; United States city average) as estimated by the Secretary for the 12-month period ending with March of the previous year; plus
(B) the New York City share, consisting of the amount contributed under the contract under [section 300mm–41(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300mm–41/d&num=0&edition=prelim).
(3) **Contract requirement**
(A) *In general* — No funds may be disbursed from the Fund unless New York City has entered into a contract with the WTC Program Administrator under [section 300mm–41(d)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-ti
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 300mm–61
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