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42 U.S.C. § 254n — Private practice
Federal law — U.S. Code and appendices · legal_authorities
**(a) Application for release of obligations; conditions** The Secretary shall, to the extent permitted by, and consistent with, the requirements of applicable State law, release an individual from all or part of his service obligation under [section 254m(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section254m/a&num=0&edition=prelim) or under section 234 11 See References in Text note below. of this title (as in effect on September 30, 1977) if the individual applies for such a release under this section and enters into a written agreement with the Secretary under which the individual agrees to engage for a period equal to the remaining period of his service obligation in the full-time private clinical practice (including service as a salaried employee in an entity directly providing health services) of his health profession—
(1) in the case of an individual who received a scholarship under the Scholarship Program or a loan repayment under the Loan Repayment Program and who is performing obligated service as a member of the Corps in a health professional shortage area on the date of his application for such a release, in the health professional shortage area in which such individual is serving on such date or in the case of an individual for whom a loan payment was made under the Loan Repayment Program and who is performing obligated service as a member of the Corps in a health professional shortage area on the date of the application of the individual for such a release, in the health professional shortage area selected by the Secretary; or
(2) in the case of any other individual, in a health professional shortage area (designated under [section 254e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim
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Source file: Laws/federal/codes/united-states-code/title-42/section-254n-private-practice--b7bba0ed9b.md
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Source location: Title 42, Chapter 6A, § 254n; chapter-6a-public-health-service.md
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**(a) Application for release of obligations; conditions** The Secretary shall, to the extent permitted by, and consistent with, the requirements of applicable State law, release an individual from all or part of his service obligation under [section 254m(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section254m/a&num=0&edition=prelim) or under section 234 11 See References in Text note below. of this title (as in effect on September 30, 1977) if the individual applies for such a release under this section and enters into a written agreement with the Secretary under which the individual agrees to engage for a period equal to the remaining period of his service obligation in the full-time private clinical practice (including service as a salaried employee in an entity directly providing health services) of his health profession—
(1) in the case of an individual who received a scholarship under the Scholarship Program or a loan repayment under the Loan Repayment Program and who is performing obligated service as a member of the Corps in a health professional shortage area on the date of his application for such a release, in the health professional shortage area in which such individual is serving on such date or in the case of an individual for whom a loan payment was made under the Loan Repayment Program and who is performing obligated service as a member of the Corps in a health professional shortage area on the date of the application of the individual for such a release, in the health professional shortage area selected by the Secretary; or
(2) in the case of any other individual, in a health professional shortage area (designated under [section 254e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section254e&num=0&edition=prelim)) selected by the Secretary.
**(b) Written agreement; actions to ensure compliance**
(1) The written agreement described in subsection (a) shall—
(A) provide that, during the period of private practice by an individual pursuant to the agreement, the individual shall 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) that apply to entities; and
(B) contain such additional provisions as the Secretary may require to carry out the objectives of this section.
(2) The Secretary shall take such action as may be appropriate to ensure that the conditions of the written agreement prescribed by this subsection are adhered to.
**(c) Breach of service contract** If an individual breaches the contract entered into under section 254l or 254l–1 of this title by failing (for any reason) to begin his service obligation in accordance with an agreement entered into under subsection (a) or to complete such service obligation, the Secretary may permit such individual to perform such service obligation as a member of the Corps.
**(d) Travel expenses** The Secretary may pay an individual who has entered into an agreement with the Secretary under subsection (a) an amount to cover all or part of the individual’s expenses reasonably incurred in transporting himself, his family, and his possessions to the location of his private clinical practice.
**(e) Sale of equipment and supplies** Upon the expiration of the written agreement under subsection (a), the Secretary may (notwithstanding any other provision of law) sell to the individual who has entered into an agreement with the Secretary under subsection (a), equipment and other property of the United States utilized by such individual in providing health services. Sales made under this subsection shall be made at the fair market value (as determined by the Secretary) of the equipment or such other property, except that the Secretary may make such sales for a lesser value to the individual if he determines that the individual is financially unable to pay the full market value.
**(f) Malpractice insurance** The Secretary may, out of appropriations authorized under [section 254k of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section254k&num=0&edition=prelim), pay to individuals participating in private practice under this section the cost of such individual’s malpractice insurance and the lesser of—
(1)
(A) $10,000 in the first year of obligated service;
(B) $7,500 in the second year of obligated service;
(C) $5,000 in the third year of obligated service; and
(D) $2,500 in the fourth year of obligated service; or
(2) an amount determined by subtracting such individual’s net income before taxes from the income the individual would have received as a member of the Corps for each such year of obligated service.
**(g) Technical assistance** The Secretary shall, upon request, provide to each individual released from service obligation under this section technical assistance to assist such individual in fulfilling his or her agreement under this section.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Exclusiveness of remedy** The remedy against the United States provided by sections 1346(b) and 2672 of title 28, or by alternative benefits provided by the United States where the availability of such benefits precludes a remedy under [section 1346(b) of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1346/b&num=0&edition=prelim), for damage for personal injury, including death, resulting from the performance of medical, surgical, dental, or related functions, including the conduct of clinical studies or investigation, by any commissioned officer or employee of the Public Health Service while acting within the scope of his office or employment, shall be exclusive of any other civil action or proceeding by reason of the same subject-matter against the officer or employee (or his estate) whose act or omission gave rise to the claim.
**(b) Attorney General to defend action or proceeding; delivery of process to designated official; furnishing of copies of pleading and process to United States attorney, Attorney General, and Secretary** The Attorney General shall defend any civil action or proceeding brought in any court against any person referred to in subsection (a) of this section (or his estate) for any such damage or injury. Any such person against whom such civil action or proceeding is brought shall deliver within such time after date of service or knowledge of service as determined by the Attorney General, all process served upon him or an attested true copy thereof to his immediate superior or to whomever was designated by the Secretary to receive such papers and such person shall promptly furnish copies of the pleading and process therein to the United States attorney for the district embracing the place wherein the pr
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 234
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Federal law — U.S. Code and appendices · legal_authorities
**(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
**(a) Designation by Secretary; removal from areas designated; “medical facility” defined**
(1) For purposes of this subpart the term “health professional shortage area” means (A) an area in an urban or rural area (which need not conform to the geographic boundaries of a political subdivision and which is a rational area for the delivery of health services) which the Secretary determines has a health manpower shortage and which is not reasonably accessible to an adequately served area, (B) a population group which the Secretary determines has such a shortage, or (C) a public or nonprofit private medical facility or other public facility which the Secretary determines has such a shortage. All Federally qualified health centers and rural health clinics, as defined in section 1861(aa) of the Social Security Act ([42 U.S.C. 1395x(aa)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395x/aa&num=0&edition=prelim)), that meet the requirements of [section 254g of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section254g&num=0&edition=prelim) shall be automatically designated as having such a shortage. The Secretary shall not remove an area from the areas determined to be health professional shortage areas under subparagraph (A) of the preceding sentence until the Secretary has afforded interested persons and groups in such area an opportunity to provide data and information in support of the designation as a health professional shortage area or a population group described in subparagraph (B) of such sentence or a facility described in subparagraph (C) of such sentence, and has made a determination on the basis of the data and information submitted by such persons and groups and other data and information availabl
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 254e
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Service in full-time clinical practice** Except as provided in [section 254n of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section254n&num=0&edition=prelim), each individual who has entered into a written contract with the Secretary under section 254l or 254l–1 of this title shall provide service in the full-time clinical practice of such individual’s profession as a member of the Corps for the period of obligated service provided in such contract. The Secretary may treat teaching as clinical practice for up to 20 percent of such period of obligated service. Notwithstanding the preceding sentence, with respect to a member of the Corps participating in the teaching health centers graduate medical education program under [section 256h of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section256h&num=0&edition=prelim), for the purpose of calculating time spent in full-time clinical practice under this section, up to 50 percent of time spent teaching by such member may be counted toward his or her service obligation.
**(b) Notice to individual; information for informed decision; eligibility; notice to Secretary; qualification and appointment as commissioned officer; appointment as civilian member; designation of non-United States employee as member; deferment of obligated service**
(1) If an individual is required under subsection (a) to provide service as specified in section 254l(f)(1)(B)(v) or 254l–1(f)(1)(B)(iv) of this title (hereinafter in this subsection referred to as “obligated service”), the Secretary shall, not later than ninety days before the date described in paragraph (5), determine if the individual shall provide such service—
(A) as a member of the Corps who is a commissioned
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 254m
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Federal law — U.S. Code and appendices · legal_authorities
**(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
**(a) Eligibility** Subject to the availability of funds appropriated under the authority of subsection (c) of this section, the Secretary shall provide funds through a direct grant or a cooperative agreement to Papa Ola Lokahi for the purpose of providing scholarship assistance to students who—
(1) meet the requirements of paragraphs (1), (3), and (4) of section 254l(b) of this title, and
(2) are Native Hawaiians.
**(b) Terms and conditions**
(1) The scholarship assistance provided under subsection (a) of this section shall be provided under the same terms and subject to the same conditions, regulations, and rules that apply to scholarship assistance provided under section 254l of this title, provided that—
(A) the provision of scholarships in each type of health care profession training shall correspond to the need for each type of health care professional identified in the Native Hawaiian comprehensive health care master plan implemented under [section 11703 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11703&num=0&edition=prelim) to serve the Native Hawaiian health care systems, as identified by Papa Ola Lokahi;
(B) the primary health services covered under the scholarship assistance program under this section shall be the services included under the definition of that term under [section 11711(8) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11711/8&num=0&edition=prelim);
(C) to the maximum extent practicable, the Secretary shall select scholarship recipients from a list of eligible applicants submitted by the Papa Ola Lokahi;
(D) the obligated service requirement for each scholarship recipient shall be fulfilled through the full-time clinical or nonclinical pr
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 11709
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Federal law — U.S. Code and appendices · legal_authorities
**(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
**(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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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment** The Secretary shall establish a program to be known as the National Health Service Corps Loan Repayment 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** To be eligible to participate in the Loan Repayment Program, an individual must—
(1)
(A) have a degree in medicine, osteopathic medicine, dentistry, or another health profession, or an appropriate degree from a graduate program of behavioral and mental health, or be certified as a nurse midwife, nurse practitioner, or physician assistant;
(B) be enrolled in an approved graduate training program in medicine, osteopathic medicine, dentistry, behavioral and mental health, or other health profession; or
(C) be enrolled as a full-time student—
(i) in an accredited (as determined by the Secretary) educational institution in a State; and
(ii) in the final year of a course of a 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;
(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; and
(3) submit to the Secretary an application for a contract described in
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 254l–1
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Failure to maintain academic standing; dismissal from institution; voluntary termination; liability; failure to accept payment**
(1) An individual who has entered into a written contract with the Secretary under section 254l of this title and who—
(A) fails to maintain an acceptable level of academic standing in the educational institution in which he is enrolled (such level determined by the educational institution under regulations of the Secretary);
(B) is dismissed from such educational institution for disciplinary reasons; or
(C) voluntarily terminates the training in such an educational institution for which he is provided a scholarship under such contract, before the completion of such training,
in lieu of any service obligation arising under such contract, shall be liable to the United States for the amount which has been paid to him, or on his behalf, under the contract.
(2) An individual who has entered into a written contract with the Secretary under section 254l–1 of this title and who—
(A) in the case of an individual who is enrolled in the final year of a course of study, fails to maintain an acceptable level of academic standing in the educational institution in which such individual is enrolled (such level determined by the educational institution under regulations of the Secretary) or voluntarily terminates such enrollment or is dismissed from such educational institution before completion of such course of study; or
(B) in the case of an individual who is enrolled in a graduate training program, fails to complete such training program and does not receive a waiver from the Secretary under section 254l–1(b)(1)(B)(ii) of this title,
in lieu of any service obligation arising under such contract shall be liable to the United Stat
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 254o
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