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42 U.S.C. § 291h — Withholding of payments; noncompliance with requirements
Federal law — U.S. Code and appendices · legal_authorities
Whenever the Surgeon General, after reasonable notice and opportunity for hearing to the State agency designated as provided in [section 291d(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section291d/a/1&num=0&edition=prelim), finds—
**(a)** that the State agency is not complying substantially with the provisions required by [section 291d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section291d&num=0&edition=prelim) to be included in its State plan; or
**(b)** that any assurance required to be given in an application filed under [section 291e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section291e&num=0&edition=prelim) is not being or cannot be carried out; or
**(c)** that there is a substantial failure to carry out plans and specifications approved by the Surgeon General under [section 291e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section291e&num=0&edition=prelim); or
**(d)** that adequate State funds are not being provided annually for the direct administration of the State plan,
the Surgeon General may forthwith notify the State agency that—
**(e)** no further payments will be made to the State under this part, or
**(f)** no further payments will be made from the allotments of such State from appropriations under any one or more subparagraphs or paragraphs of [section 291a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section291a&num=0&edition=prelim), or for any project or projects, designated by the Surgeon General as being affected by the action or inaction referred to in paragraph (a), (b), (c), or (d) of this section,
as the Surgeon General may determine t
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Stable record: federal_law:legal_authorities:record_usc_1648ee2488d33984549746ad
Source file: Laws/federal/codes/united-states-code/title-42/section-291h-withholding-of-payments-noncompliance-with-requirements--09d6d0fe10.md
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Source location: Title 42, Chapter 6A, § 291h; chapter-6a-public-health-service.md
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Whenever the Surgeon General, after reasonable notice and opportunity for hearing to the State agency designated as provided in [section 291d(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section291d/a/1&num=0&edition=prelim), finds—
**(a)** that the State agency is not complying substantially with the provisions required by [section 291d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section291d&num=0&edition=prelim) to be included in its State plan; or
**(b)** that any assurance required to be given in an application filed under [section 291e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section291e&num=0&edition=prelim) is not being or cannot be carried out; or
**(c)** that there is a substantial failure to carry out plans and specifications approved by the Surgeon General under [section 291e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section291e&num=0&edition=prelim); or
**(d)** that adequate State funds are not being provided annually for the direct administration of the State plan,
the Surgeon General may forthwith notify the State agency that—
**(e)** no further payments will be made to the State under this part, or
**(f)** no further payments will be made from the allotments of such State from appropriations under any one or more subparagraphs or paragraphs of [section 291a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section291a&num=0&edition=prelim), or for any project or projects, designated by the Surgeon General as being affected by the action or inaction referred to in paragraph (a), (b), (c), or (d) of this section,
as the Surgeon General may determine to be appropriate under the circumstances; and, except with regard to any project for which the application has already been approved and which is not directly affected, further payments may be withheld, in whole or in part, until there is no longer any failure to comply (or carry out the assurance or plans and specifications or provide adequate State funds, as the case may be) or, if such compliance (or other action) is impossible, until the State repays or arranges for the repayment of Federal moneys to which the recipient was not entitled.
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Federal law — U.S. Code and appendices · legal_authorities
The purpose of this subchapter is—
**(a)** to assist the several States in the carrying out of their programs for the construction and modernization of such public or other nonprofit community hospitals and other medical facilities as may be necessary, in conjunction with existing facilities, to furnish adequate hospital, clinic, or similar services to all their people;
**(b)** to stimulate the development of new or improved types of physical facilities for medical, diagnostic, preventive, treatment, or rehabilitative services; and
**(c)** to promote research, experiments, and demonstrations relating to the effective development and utilization of hospital, clinic, or similar services, facilities, and resources, and to promote the coordination of such research, experiments, and demonstrations and the useful application of their results.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 291a
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Federal law — U.S. Code and appendices · legal_authorities
When used in this chapter—
**(a)** The term “Service” means the Public Health Service;
**(b)** The term “Surgeon General” means the Surgeon General of the Public Health Service;
**(c)** Unless the context otherwise requires, the term “Secretary” means the Secretary of Health and Human Services.
**(d)** The term “regulations”, except when otherwise specified, means rules and regulations made by the Surgeon General with the approval of the Secretary;
**(e)** The term “executive department” means any executive department, agency, or independent establishment of the United States or any corporation wholly owned by the United States;
**(f)** Except as provided in sections 246(g)(4)(B),11 See References in Text note below. 247c(c)(1),1 254d(h)(3),1 263c(5),1 264(d), 292a(9),1 300a(c), 300f(13), and 300n(1) 1 of this title, the term “State” includes, in addition to the several States, only the District of Columbia, Guam, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the Virgin Islands, American Samoa, the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau.
**(g)** The term “possession” includes, among other possessions, Puerto Rico and the Virgin Islands;
**(h)** Repealed. Pub. L. 97–35, title IX, § 986(a), Aug. 13, 1981, 95 Stat. 603.
**(i)** The term “vessel” includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water, exclusive of aircraft and amphibious contrivances;
**(j)** The term “habit-forming narcotic drug” or “narcotic” means opium and coca leaves and the several alkaloids derived therefrom, the best known of these alkaloids being morphia, heroin, and codeine, obtained from opium, and cocaine derived from the coca
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 202
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Submission; requirements** Any State desiring to participate in this part may submit a State plan. Such plan must—
(1) designate a single State agency as the sole agency for the administration of the plan, or designate such agency as the sole agency for supervising the administration of the plan;
(2) contain satisfactory evidence that the State agency designated in accordance with paragraph (1) of this subsection will have authority to carry out such plan in conformity with this part;
(3) provide for the designation of a State advisory council which shall include (A) representatives of nongovernmental organizations or groups, and of public agencies, concerned with the operation, construction, or utilization of hospital or other facilities for diagnosis, prevention, or treatment of illness or disease, or for provision of rehabilitation services, and representatives particularly concerned with education or training of health professions personnel, and (B) an equal number of representatives of consumers familiar with the need for the services provided by such facilities, to consult with the State agency in carrying out the plan, and provide, if such council does not include any representatives of nongovernmental organizations or groups, or State agencies, concerned with rehabilitation, for consultation with organizations, groups, and State agencies so concerned;
(4) set forth, in accordance with criteria established in regulations prescribed under [section 291c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section291c&num=0&edition=prelim) and on the basis of a statewide inventory of existing facilities, a survey of need, and (except to the extent provided by or pursuant to such regulations) community, area, or regional plans
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 291e
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Federal law — U.S. Code and appendices · legal_authorities
In order to assist the States in carrying out the purposes of [section 291 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section291&num=0&edition=prelim), there are authorized to be appropriated—
**(a)** for the fiscal year ending June 30, 1974—
(1) $20,800,000 for grants for the construction of public or other nonprofit facilities for long-term care;
(2) $70,000,000 for grants for the construction of public or other nonprofit outpatient facilities;
(3) $15,000,000 for grants for the construction of public or other nonprofit rehabilitation facilities;
**(b)** for grants for the construction of public or other nonprofit hospitals and public health centers, $150,000,000 for the fiscal year ending June 30, 1965, $160,000,000 for the fiscal year ending June 30, 1966, $170,000,000 for the fiscal year ending June 30, 1967, $180,000,000 each for the next two fiscal years, $195,000,000 for the fiscal year ending June 30, 1970, $147,500,000 for the fiscal year ending June 30, 1971, $152,500,000 for the fiscal year ending June 30, 1972, $157,500,000 for the fiscal year ending June 30, 1973, and $41,400,000 for the fiscal year ending June 30, 1974; and
**(c)** for grants for modernization of the facilities referred to in paragraphs (a) and (b), $65,000,000 for the fiscal year ending June 30, 1971, $80,000,000 for the fiscal year ending June 30, 1972, $90,000,000 for the fiscal year ending June 30, 1973, and $50,000,000 for the fiscal year ending June 30, 1974.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 291b
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Federal law — U.S. Code and appendices · legal_authorities
The Surgeon General, with the approval of the Federal Hospital Council and the Secretary of Health and Human Services shall by general regulations prescribe—
**(a) Priority of projects; determination** the general manner in which the State agency shall determine the priority of projects based on the relative need of different areas lacking adequate facilities of various types for which assistance is available under this part, giving special consideration—
(1) in the case of projects for the construction of hospitals, to facilities serving areas with relatively small financial resources and, at the option of the State, rural communities;
(2) in the case of projects for the construction of rehabilitation facilities, to facilities operated in connection with a university teaching hospital which will provide an integrated program of medical, psychological, social, and vocational evaluation and services under competent supervision;
(3) in the case of projects for modernization of facilities, to facilities serving densely populated areas;
(4) in the case of projects for construction or modernization of outpatient facilities, to any outpatient facility that will be located in, and provide services for residents of, an area determined by the Secretary to be a rural or urban poverty area;
(5) to projects for facilities which, alone or in conjunction with other facilities, will provide comprehensive health care, including outpatient and preventive care as well as hospitalization;
(6) to facilities which will provide training in health or allied health professions; and
(7) to facilities which will provide to a significant extent, for the treatment of alcoholism;
**(b) Standards of construction and equipment** general standards of construction and equipment for facilities
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 291d
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Federal law — U.S. Code and appendices · legal_authorities
Page 976
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 291h
(d) that adequate State funds are not being
provided annually for the direct administra-
tion of the State plan,
the Surgeon General may forthwith notify the
State agency that—
(e) no further payments will be made to the
State under this part, or
(f) no further payments will be made from
the allotments of such State from appropria-
tions under any one or more subparagraphs or
paragraphs of section 291a of this title, or for
any project or projects, designated by the Sur-
geon General as being affected by the action
or inaction referred to in paragraph (a), (b),
(c), or (d) of this section,
as the Surgeon General may determine to be ap-
propriate under the circumstances; and, except
with regard to any project for which the applica-
tion has already been approved and which is not
directly affected, further payments may be
withheld, in whole or in part, until there is no
longer any failure to comply (or carry out the
assurance or plans and specifications or provide
adequate State funds, as the case may be) or, if
such compliance (or other action) is impossible,
until the State repays or arranges for the repay-
ment of Federal moneys to which the recipient
was not entitled.
(July 1, 1944, ch. 373, title VI, § 607, as added Pub.
L. 88–443, § 3(a), Aug. 18, 1964, 78 Stat. 455.)
Editorial Notes
PRIOR PROVISIONS
A prior section 291g, act July 1, 1944, ch. 373, title VI,
§ 624, as added Aug. 13, 1946, ch. 958, § 2, 60 Stat. 1041;
amended June 29, 1948, ch. 728, § 1, 62 Stat. 1103; Oct. 25,
1949, ch. 722, §§ 3(b), 7, 63 Stat. 899, 901; Aug. 1, 1956, ch.
852, § 19(c), 70 Stat. 911; Sept. 25, 1962, Pub. L. 87–688,
§ 4(a)(3), 76 Stat. 587, authorized allotments to States
for construction, specified t
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 291h
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