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42 U.S.C. § 254f — Corps personnel

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 254f — Corps personnel

**(a) Conditions necessary for assignment of Corps personnel to area; contents of application for assignment; assignment to particular facility; approval of applications** (1) The Secretary may assign members of the Corps to provide, under regulations promulgated by the Secretary, health services in or to a health professional shortage area during the assignment period only if— (A) a public or private entity, which is located or has a demonstrated interest in such area makes application to the Secretary for such assignment; (B) such application has been approved by the Secretary; (C) the entity agrees to comply with the requirements of [section 254g of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section254g&num=0&edition=prelim); and (D) the Secretary has (i) conducted an evaluation of the need and demand for health manpower for the area, the intended use of Corps members to be assigned to the area, community support for the assignment of Corps members to the area, the area’s efforts to secure health manpower for the area, and the fiscal management capability of the entity to which Corps members would be assigned and (ii) on the basis of such evaluation has determined that— (I) there is a need and demand for health manpower for the area; (II) there has been appropriate and efficient use of any Corps members assigned to the entity for the area; (III) there is general community support for the assignment of Corps members to the entity; (IV) the area has made unsuccessful efforts to secure health manpower for the area; (V) there is a reasonable prospect of sound fiscal management, including efficient collection of fee-for-service, third-party, and other appropriate funds, by the entity with respect

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Stable record: federal_law:legal_authorities:record_usc_11ed347bd4f5839c87102463
Source file: Laws/federal/codes/united-states-code/title-42/section-254f-corps-personnel--c0c6d1ab25.md
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Source location: Title 42, Chapter 6A, § 254f; chapter-6a-public-health-service.md

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**(a) Conditions necessary for assignment of Corps personnel to area; contents of application for assignment; assignment to particular facility; approval of applications** (1) The Secretary may assign members of the Corps to provide, under regulations promulgated by the Secretary, health services in or to a health professional shortage area during the assignment period only if— (A) a public or private entity, which is located or has a demonstrated interest in such area makes application to the Secretary for such assignment; (B) such application has been approved by the Secretary; (C) the entity agrees to comply with the requirements of [section 254g of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section254g&num=0&edition=prelim); and (D) the Secretary has (i) conducted an evaluation of the need and demand for health manpower for the area, the intended use of Corps members to be assigned to the area, community support for the assignment of Corps members to the area, the area’s efforts to secure health manpower for the area, and the fiscal management capability of the entity to which Corps members would be assigned and (ii) on the basis of such evaluation has determined that— (I) there is a need and demand for health manpower for the area; (II) there has been appropriate and efficient use of any Corps members assigned to the entity for the area; (III) there is general community support for the assignment of Corps members to the entity; (IV) the area has made unsuccessful efforts to secure health manpower for the area; (V) there is a reasonable prospect of sound fiscal management, including efficient collection of fee-for-service, third-party, and other appropriate funds, by the entity with respect to Corps members assigned to such entity; and (VI) the entity demonstrates willingness to support or facilitate mentorship, professional development, and training opportunities for Corps members. An application for assignment of a Corps member to a health professional shortage area shall include a demonstration by the applicant that the area or population group to be served by the applicant has a shortage of personal health services and that the Corps member will be located so that the member will provide services to the greatest number of persons residing in such area or included in such population group. Such a demonstration shall be made on the basis of the criteria prescribed by the Secretary under [section 254e(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section254e/b&num=0&edition=prelim) and on additional criteria which the Secretary shall prescribe to determine if the area or population group to be served by the applicant has a shortage of personal health services. (2) Corps members may be assigned to a Federal health care facility, but only upon the request of the head of the department or agency of which such facility is a part. (3) In approving applications for assignment of members of the Corps the Secretary shall not discriminate against applications from entities which are not receiving Federal financial assistance under this chapter. In approving such applications, the Secretary shall give preference to applications in which a nonprofit entity or public entity shall provide a site to which Corps members may be assigned. **(b) Corps member income assurances; grants respecting sufficiency of financial resources** (1) The Secretary may not approve an application for the assignment of a member of the Corps described in subparagraph (C) of [section 254d(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section254d/a/1&num=0&edition=prelim) to an entity unless the application of the entity contains assurances satisfactory to the Secretary that the entity (A) has sufficient financial resources to provide the member of the Corps with an income of not less than the income to which the member would be entitled if the member was a member described in subparagraph (B) of [section 254d(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section254d/a/1&num=0&edition=prelim), or (B) would have such financial resources if a grant was made to the entity under paragraph (2). (2) (A) If in approving an application of an entity for the assignment of a member of the Corps described in subparagraph (C) of [section 254d(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section254d/a/1&num=0&edition=prelim) the Secretary determines that the entity does not have sufficient financial resources to provide the member of the Corps with an income of not less than the income to which the member would be entitled if the member was a member described in subparagraph (B) of [section 254d(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section254d/a/1&num=0&edition=prelim), the Secretary may make a grant to the entity to assure that the member of the Corps assigned to it will receive during the period of assignment to the entity such an income. (B) The amount of any grant under subparagraph (A) shall be determined by the Secretary. Payments under such a grant may be made in advance or by way of reimbursement, and at such intervals and on such conditions, as the Secretary finds necessary. No grant may be made unless an application therefor is submitted to and approved by the Secretary. Such an application shall be in such form, submitted in such manner, and contain such information, as the Secretary shall by regulation prescribe. **(c) Assignment of members without regard to ability of area to pay for services** The Secretary shall assign Corps members to entities in health professional shortage areas without regard to the ability of the individuals in such areas, population groups, medical facilities, or other public facilities to pay for such services. **(d) Entities entitled to aid; forms of assistance; coordination of efforts; agreements for assignment of Corps members; qualified entity** (1) The Secretary may provide technical assistance to a public or private entity which is located in a health professional shortage area and which desires to make an application under this section for assignment of a Corps member to such area. Assistance provided under this paragraph may include assistance to an entity in (A) analyzing the potential use of health professions personnel in defined health services delivery areas by the residents of such areas, (B) determining the need for such personnel in such areas, (C) determining the extent to which such areas will have a financial base to support the practice of such personnel and the extent to which additional financial resources are needed to adequately support the practice, (D) determining the types of inpatient and other health services that should be provided by such personnel in such areas, and (E) developing long-term plans for addressing health professional shortages and improving access to health care. The Secretary shall encourage entities that receive technical assistance under this paragraph to communicate with other communities, State Offices of Rural Health, State Primary Care Associations and Offices, and other entities concerned with site development and community needs assessment. (2) The Secretary may provide, to public and private entities which are located in a health professional shortage area to which area a Corps member has been assigned, technical assistance to assist in the retention of such member in such area after the completion of such member’s assignment to the area. (3) The Secretary may provide, to health professional shortage areas to which no Corps member has been assigned, (A) technical assistance to assist in the recruitment of health manpower for such areas, and (B) current information on public and private programs which provide assistance in the securing of health manpower. (4) (A) The Secretary shall undertake to demonstrate the improvements that can be made in the assignment of members of the Corps to health professional shortage areas and in the delivery of health care by Corps members in such areas through coordination with States, political subdivisions of States, agencies of States and political subdivisions, and other public and private entities which have expertise in the planning, development, and operation of centers for the delivery of primary health care. In carrying out this subparagraph, the Secretary shall enter into agreements with qualified entities which provide that if— (i) the entity places in effect a program for the planning, development, and operation of centers for the delivery of primary health care in health professional shortage areas which reasonably addresses the need for such care in such areas, and (ii) under the program the entity will perform the functions described in subparagraph (B), the Secretary will assign under this section members of the Corps in accordance with the program. (B) For purposes of subparagraph (A), the term “qualified entity” means a State, political subdivision of a State, an agency of a State or political subdivision, or other public or private entity operating solely within one State, which the Secretary determines is able— (i) to analyze the potential use of health professions personnel in defined health services delivery areas by the residents of such areas; (ii) to determine the need for such personnel in such areas and to recruit, select, and retain health professions personnel (including members of the National Health Service Corps) to meet such need; (iii) to determine the extent to which such areas will have a financial base to support the practice of such personnel and the extent to which additional financial resources are needed to adequately support the practice; (iv) to determine the types of inpatient and other health services that should be provided by such personnel in such areas; (v) to assist such personnel in the development of their clinical practice and fee schedules and in the management of their practice; (vi) to assist in the planning and development of facilities for the delivery of primary health care; and (vii) to assist in establishing the governing bodies of centers for the delivery of such care and to assist such bodies in defining and carrying out their responsibilities. **(e) Practice within State by Corps member** Notwithstanding any other law, any member of the Corps licensed to practice medicine, osteopathic medicine, dentistry, or any other health profession in any State shall, while serving in the Corps, be allowed to practice such profession in any State.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 254g — Charges for services by entities using Corps members

**(a) Availability of services regardless of ability to pay or payment source** An entity to which a Corps member is assigned shall not deny requested health care services, and shall not discriminate in the provision of services to an individual— (1) because the individual is unable to pay for the services; or (2) because payment for the services would be made under— (A) the medicare program under title XVIII of the Social Security Act ([42 U.S.C. 1395](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395&num=0&edition=prelim) et seq.); (B) the medicaid program under title XIX of such Act ([42 U.S.C. 1396](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396&num=0&edition=prelim) et seq.); or (C) the State children’s health insurance program under title XXI of such Act ([42 U.S.C. 1397aa](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1397aa&num=0&edition=prelim) et seq.). **(b) Charges for services** The following rules shall apply to charges for health care services provided by an entity to which a Corps member is assigned: (1) **In general** (A) *Schedule of fees or payments* — Except as provided in paragraph (2), the entity shall prepare a schedule of fees or payments for the entity’s services, consistent with locally prevailing rates or charges and designed to cover the entity’s reasonable cost of operation. (B) *Schedule of discounts* — Except as provided in paragraph (2), the entity shall prepare a corresponding schedule of discounts (including, in appropriate cases, waivers) to be applied to the payment of such fees or payments. In preparing the schedule, the entity shall adjust the discounts on the basis of a patient’s ability to pay. (C) *Use of schedules

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 254g

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 233 — National Institute of Mental Health; authorization of appropriation; construction; location

There is authorized to be appropriated a sum not to exceed $7,500,000 for the erection and equipment, for the use of the Public Health Service in carrying out the provisions of this Act, of suitable and adequate hospital buildings and facilities, including necessary living quarters for personnel, and of suitable and adequate laboratory buildings and facilities, and such buildings and facilities shall be known as the National Institute of Mental Health. The Administrator of General Services is authorized to acquire, by purchase, condemnation, donation, or otherwise, a suitable and adequate site or sites, selected on the advice of the Surgeon General of the Public Health Service, in or near the District of Columbia for such buildings and facilities, and to erect thereon, furnish, and equip such buildings and facilities. The amount authorized to be appropriated in this section shall include the cost of preparation of drawings and specifications, supervision of construction, and other administrative expenses incident to the work: Provided, That the Administrator of General Services shall prepare the plans and specifications, make all necessary contracts, and supervise construction.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 233

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 247d — Public health emergencies

**(a) Emergencies** If the Secretary determines, after consultation with such public health officials as may be necessary, that— (1) a disease or disorder presents a public health emergency; or (2) a public health emergency, including significant outbreaks of infectious diseases or bioterrorist attacks, otherwise exists, the Secretary may take such action as may be appropriate to respond to the public health emergency, including making grants, providing awards for expenses, and entering into contracts and conducting and supporting investigations into the cause, treatment, or prevention of a disease or disorder as described in paragraphs (1) and (2). Any such determination of a public health emergency terminates upon the Secretary declaring that the emergency no longer exists, or upon the expiration of the 90-day period beginning on the date on which the determination is made by the Secretary, whichever occurs first. Determinations that terminate under the preceding sentence may be renewed by the Secretary (on the basis of the same or additional facts), and the preceding sentence applies to each such renewal. Not later than 48 hours after making a determination under this subsection of a public health emergency (including a renewal), the Secretary shall submit to the Congress written notification of the determination. **(b) Public Health Emergency Fund** (1) **In general** — There is established in the Treasury a fund to be designated as the “Public Health Emergency Fund” to be made available to the Secretary without fiscal year limitation to carry out subsection (a) only if a public health emergency has been declared by the Secretary under such subsection or if the Secretary determines there is the significant potential for a public health emergency, to allow the Se

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 247d

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 254d — National Health Service Corps

**(a) Establishment; composition; purpose; definitions** (1) For the purpose of eliminating health manpower shortages in health professional shortage areas, there is established, within the Service, the National Health Service Corps, which shall consist of— (A) such officers of the Regular and Reserve Corps 11 See Change of Name note below. of the Service as the Secretary may designate, (B) such civilian employees of the United States as the Secretary may appoint, and (C) such other individuals who are not employees of the United States. (2) The Corps shall be utilized by the Secretary to provide primary health services in health professional shortage areas. (3) For purposes of this subpart and subpart III: (A) The term “Corps” means the National Health Service Corps. (B) The term “Corps member” means each of the officers, employees, and individuals of which the Corps consists pursuant to paragraph (1). (C) The term “health professional shortage area” has the meaning given such term in [section 254e(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section254e/a&num=0&edition=prelim). (D) The term “primary health services” means health services regarding family medicine, internal medicine, pediatrics, obstetrics and gynecology, dentistry, or mental health, that are provided by physicians or other health professionals. (E) (i) The term “behavioral and mental health professionals” means health service psychologists, licensed clinical social workers, licensed professional counselors, marriage and family therapists, psychiatric nurse specialists, and psychiatrists. (ii) The term “graduate program of behavioral and mental health” means a program that trains behavioral and mental health professionals.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 254d

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 254f–1 — Priorities in assignment of Corps personnel

**(a) In general** In approving applications made under [section 254f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section254f&num=0&edition=prelim) for the assignment of Corps members, the Secretary shall— (1) give priority to any such application that— (A) is made regarding the provision of primary health services to a health professional shortage area with the greatest such shortage; and (B) is made by an entity that— (i) serves a health professional shortage area described in subparagraph (A); (ii) coordinates the delivery of primary health services with related health and social services; (iii) has a documented record of sound fiscal management; and (iv) will experience a negative impact on its capacity to provide primary health services if a Corps member is not assigned to the entity; (2) with respect to the geographic area in which the health professional shortage area is located, take into consideration the willingness of individuals in the geographic area, and of the appropriate governmental agencies or health entities in the area, to assist and cooperate with the Corps in providing effective primary health services; and (3) take into consideration comments of medical, osteopathic, dental, or other health professional societies whose members deliver services to the health professional shortage area, or if no such societies exist, comments of physicians, dentists, or other health professionals delivering services to the area. **(b) Establishment of criteria for determining priorities** (1) **In general** — The Secretary shall establish criteria specifying the manner in which the Secretary makes a determination under subsection (a)(1)(A) of the health professional shortage areas with the greate

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 254f–1

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 254h — Provision of health services by Corps members

**(a) Means of delivery of services; cooperation with other health care providers** In providing health services in a health professional shortage area, Corps members shall utilize the techniques, facilities, and organizational forms most appropriate for the area, population group, medical facility, or other public facility, and shall, to the maximum extent feasible, provide such services (1) to all individuals in, or served by, such health professional shortage area regardless of their ability to pay for the services, and (2) in a manner which is cooperative with other health care providers serving such health professional shortage area. **(b) Utilization of existing health facilities; lease, acquisition, and use of equipment and supplies; permanent and temporary professional services** (1) Notwithstanding any other provision of law, the Secretary may (A) to the maximum extent feasible make such arrangements as he determines necessary to enable Corps members to utilize the health facilities in or serving the health professional shortage area in providing health services; (B) make such arrangements as he determines are necessary for the use of equipment and supplies of the Service and for the lease or acquisition of other equipment and supplies; and (C) secure the permanent or temporary services of physicians, dentists, nurses, administrators, and other health personnel. If there are no health facilities in or serving such area, the Secretary may arrange to have Corps members provide health services in the nearest health facilities of the Service or may lease or otherwise provide facilities in or serving such area for the provision of health services. (2) If the individuals in or served by a health professional shortage area are being served (as determined under regu

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 254h

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 254h–1 — Facilitation of effective provision of Corps services

**(a) Consideration of individual characteristics of members in making assignments** In making an assignment of a Corps member to an entity that has had an application approved under [section 254f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section254f&num=0&edition=prelim), the Secretary shall, subject to making the assignment in accordance with [section 254f–1 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section254f-1&num=0&edition=prelim), seek to assign to the entity a Corps member who has (and whose spouse, if any, has) characteristics that increase the probability that the member will remain in the health professional shortage area involved after the completion of the period of service in the Corps. **(b) Counseling on service in Corps** (1) **In general** — The Secretary shall, subject to paragraph (3), offer appropriate counseling on service in the Corps to individuals during the period of membership in the Corps, particularly during the initial period of each assignment. (2) **Career advisor regarding obligated service** (A) In the case of individuals who have entered into contracts for obligated service under the Scholarship or Loan Repayment Program, counseling under paragraph (1) shall include appropriate counseling on matters particular to such obligated service. The Secretary shall ensure that career advisors for providing such counseling are available to such individuals throughout the period of participation in the Scholarship or Loan Repayment Program. (B) With respect to the Scholarship Program, counseling under paragraph (1) shall include counseling individuals during the period in which the individuals are pursuing an educational degree in the health profession in

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 254h–1

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 254i — Annual report to Congress; contents

The Secretary shall submit an annual report to Congress, and shall include in such report with respect to the previous calendar year— (1) the number, identity, and priority of all health professional shortage areas designated in such year and the number of health professional shortage areas which the Secretary estimates will be designated in the subsequent year; (2) the number of applications filed under [section 254f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section254f&num=0&edition=prelim) in such year for assignment of Corps members and the action taken on each such application; (3) the number and types of Corps members assigned in such year to health professional shortage areas, the number and types of additional Corps members which the Secretary estimates will be assigned to such areas in the subsequent year, and the need for additional members for the Corps; (4) the recruitment efforts engaged in for the Corps in such year and the number of qualified individuals who applied for service in the Corps in such year; (5) the number of patients seen and the number of patient visits recorded during such year with respect to each health professional shortage area to which a Corps member was assigned during such year; (6) the number of Corps members who elected, and the number of Corps members who did not elect, to continue to provide health services in health professional shortage areas after termination of their service in the Corps and the reasons (as reported to the Secretary) of members who did not elect for not making such election; (7) the results of evaluations and determinations made under [section 254f(a)(1)(D) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section254f/a/1/D&nu

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 254i

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 254k — Authorization of appropriations

**(a)** For the purpose of carrying out this subpart, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2008 through 2012. **(b)** An appropriation under an authorization under subsection (a) for any fiscal year may be made at any time before that fiscal year and may be included in an Act making an appropriation under an authorization under subsection (a) for another fiscal year; but no funds may be made available from any appropriation under such authorization for obligation under sections 254d through 254h, section 254i, and [section 254j of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section254j&num=0&edition=prelim) before the fiscal year for which such appropriation is authorized.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 254k

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 254l — National Health Service Corps Scholarship Program

**(a) Establishment** The Secretary shall establish the National Health Service Corps Scholarship Program to assure, with respect to the provision of primary health services pursuant to [section 254d(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section254d/a/2&num=0&edition=prelim)— (1) an adequate supply of physicians, dentists, behavioral and mental health professionals, certified nurse midwives, certified nurse practitioners, and physician assistants; and (2) if needed by the Corps, an adequate supply of other health professionals. **(b) Eligibility; application; written contract** To be eligible to participate in the Scholarship Program, an individual must— (1) be accepted for enrollment, or be enrolled, as a full-time student (A) in an accredited (as determined by the Secretary) educational institution in a State and (B) in a course of study or program, offered by such institution and approved by the Secretary, leading to a degree in medicine, osteopathic medicine, dentistry, or other health profession, or an appropriate degree from a graduate program of behavioral and mental health; (2) be eligible for, or hold, an appointment as a commissioned officer in the Regular or Reserve Corps 11 See Change of Name note below. of the Service or be eligible for selection for civilian service in the Corps; (3) submit an application to participate in the Scholarship Program; and (4) sign and submit to the Secretary, at the time of submittal of such application, a written contract (described in subsection (f)) to accept payment of a scholarship and to serve (in accordance with this subpart) for the applicable period of obligated service in a health professional shortage area. **(c) Review and evaluation of information and for

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 254l

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