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42 U.S.C. § 300m — Requirements with respect to type and quality of services
Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirement of provision of all services by date certain** The Secretary may not make a grant under [section 300k of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300k&num=0&edition=prelim) unless the State involved agrees—
(1) to ensure that, initially and throughout the period during which amounts are received pursuant to the grant, not less than 60 percent of the grant is expended to provide each of the services or activities described in paragraphs (1) and (2) of [section 300k(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300k/a&num=0&edition=prelim), including making available screening procedures for both breast and cervical cancers;
(2) subject to subsection (b), to ensure that—
(A) in the case of breast cancer, both a physical examination of the breasts and the screening procedure known as a mammography are conducted; and
(B) in the case of cervical cancer, both a pelvic examination and the screening procedure known as a pap smear are conducted;
(3) to ensure that, by the end of any second fiscal year of payments pursuant to the grant, each of the services or activities described in [section 300k(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300k/a&num=0&edition=prelim) is provided; and
(4) to ensure that not more than 40 percent of the grant is expended to provide the services or activities described in paragraphs (3) through (6) of such section.
**(b) Use of improved screening procedures** The Secretary may not make a grant under [section 300k of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300k&num=0&edition=prelim) unless the State involved agrees that, if any scr
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Source file: Laws/federal/codes/united-states-code/title-42/section-300m-requirements-with-respect-to-type-and-quality-of-services--73d2cb3d93.md
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Source location: Title 42, Chapter 6A, § 300m; chapter-6a-public-health-service.md
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**(a) Requirement of provision of all services by date certain** The Secretary may not make a grant under [section 300k of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300k&num=0&edition=prelim) unless the State involved agrees—
(1) to ensure that, initially and throughout the period during which amounts are received pursuant to the grant, not less than 60 percent of the grant is expended to provide each of the services or activities described in paragraphs (1) and (2) of [section 300k(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300k/a&num=0&edition=prelim), including making available screening procedures for both breast and cervical cancers;
(2) subject to subsection (b), to ensure that—
(A) in the case of breast cancer, both a physical examination of the breasts and the screening procedure known as a mammography are conducted; and
(B) in the case of cervical cancer, both a pelvic examination and the screening procedure known as a pap smear are conducted;
(3) to ensure that, by the end of any second fiscal year of payments pursuant to the grant, each of the services or activities described in [section 300k(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300k/a&num=0&edition=prelim) is provided; and
(4) to ensure that not more than 40 percent of the grant is expended to provide the services or activities described in paragraphs (3) through (6) of such section.
**(b) Use of improved screening procedures** The Secretary may not make a grant under [section 300k of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300k&num=0&edition=prelim) unless the State involved agrees that, if any screening procedure superior to a procedure described in subsection (a)(2) becomes commonly available and is recommended for use, any entity providing screening procedures pursuant to the grant will utilize the superior procedure rather than the procedure described in such subsection.
**(c) Quality assurance regarding screening procedures** The Secretary may not make a grant under [section 300k of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300k&num=0&edition=prelim) unless the State involved agrees that the State will, in accordance with applicable law, assure the quality of screening procedures conducted pursuant to such section.
**(d) Waiver of services requirement on division of funds**
(1) **In general** — The Secretary shall establish a demonstration project under which the Secretary may waive the requirements of paragraphs (1) and (4) of subsection (a) for not more than 5 States, if—
(A) the State involved will use the waiver to leverage non-Federal funds to supplement each of the services or activities described in paragraphs (1) and (2) of [section 300k(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300k/a&num=0&edition=prelim);
(B) the application of such requirement would result in a barrier to the enrollment of qualifying women;
(C) the State involved—
(i) demonstrates, to the satisfaction of the Secretary, the manner in which the State will use such waiver to expand the level of screening and follow-up services provided immediately prior to the date on which the waiver is granted; and
(ii) provides assurances, satisfactory to the Secretary, that the State will, on an annual basis, demonstrate, through such documentation as the Secretary may require, that the State has used such waiver as described in clause (i);
(D) the State involved submits to the Secretary—
(i) assurances, satisfactory to the Secretary, that the State will maintain the average annual level of State fiscal year expenditures for the services and activities described in paragraphs (1) and (2) of [section 300k(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300k/a&num=0&edition=prelim) for the period for which the waiver is granted, and for the period for which any extension of such wavier 11 So in original. Probably should be “waiver”. is granted, at a level that is not less than—
(I) the level of the State fiscal year expenditures for such services and activities for the fiscal year preceding the first fiscal year for which the waiver is granted; or
(II) at the option of the State and upon approval by the Secretary, the average level of the State expenditures for such services and activities for the 3-fiscal year period preceding the first fiscal year for which the waiver is granted; and
(ii) a plan, satisfactory to the Secretary, for maintaining the level of activities carried out under the waiver after the expiration of the waiver and any extension of such waiver;
(E) the Secretary finds that granting such a waiver to a State will increase the number of women in the State that receive each of the services or activities described in paragraphs (1) and (2) of [section 300k(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300k/a&num=0&edition=prelim), including making available screening procedures for both breast and cervical cancers; and
(F) the Secretary finds that granting such a waiver to a State will not adversely affect the quality of each of the services or activities described in paragraphs (1) and (2) of [section 300k(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300k/a&num=0&edition=prelim).
(2) **Duration of waiver**
(A) *In general* — In granting waivers under paragraph (1), the Secretary—
(i) shall grant such waivers for a period that is not less than 1 year but not more than 2 years; and
(ii) upon request of a State, may extend a waiver for an additional period that is not less than 1 year but not more than 2 years in accordance with subparagraph (B).
(B) *Additional period* — The Secretary, upon the request of a State that has received a waiver under paragraph (1), shall, at the end of the waiver period described in subparagraph (A)(i), review performance under the waiver and may extend the waiver for an additional period if the Secretary determines that—
(i) without an extension of the waiver, there will be a barrier to the enrollment of qualifying women;
(ii) the State requesting such extended waiver will use the waiver to leverage non-Federal funds to supplement the services or activities described in paragraphs (1) and (2) of [section 300k(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300k/a&num=0&edition=prelim);
(iii) the waiver has increased, and will continue to increase, the number of women in the State that receive the services or activities described in paragraphs (1) and (2) of [section 300k(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300k/a&num=0&edition=prelim);
(iv) the waiver has not, and will not, result in lower quality in the State of the services or activities described in paragraphs (1) and (2) of [section 300k(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300k/a&num=0&edition=prelim); and
(v) the State has maintained the average annual level of State fiscal expenditures for the services and activities described in paragraphs (1) and (2) of [section 300k(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300k/a&num=0&edition=prelim) for the period for which the waiver was granted at a level that is not less than—
(I) the level of the State fiscal year expenditures for such services and activities for the fiscal year preceding the first fiscal year for which the waiver is granted; or
(II) at the option of the State and upon approval by the Secretary, the average level of the State expenditures for such services and activities for the 3-fiscal year period preceding the first fiscal year for which the waiver is granted.
(3) **Reporting requirements** — The Secretary shall include as part of the evaluations and reports required under [section 300n–4 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300n-4&num=0&edition=prelim), the following:
(A) A description of the total amount of dollars leveraged annually from Non-Federal 22 So in original. Probably should be “non-Federal”. entities in States receiving a waiver under paragraph (1) and how these amounts were used.
(B) With respect to States receiving a waiver under paragraph (1), a description of the percentage of the grant that is expended on providing each of the services or activities described in—
(i) paragraphs (1) and (2) of [section 300k(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300k/a&num=0&edition=prelim); and
(ii) paragraphs (3) through (6) of [section 300k(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300k/a&num=0&edition=prelim).
(C) A description of the number of States receiving waivers under paragraph (1) annually.
(D) With respect to States receiving a waiver under paragraph (1), a description of—
(i) the number of women receiving services under paragraphs (1), (2), and (3) of [section 300k(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300k/a&num=0&edition=prelim) in programs before and after the granting of such waiver; and
(ii) the average annual level of State fiscal expenditures for the services and activities described in paragraphs (1) and (2) of [section 300k(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300k/a&num=0&edition=prelim) for the year preceding the first year for which the waiver was granted.
(4) **Limitation** — Amounts to which a waiver applies under this subsection shall not be used to increase the number of salaried employees.
(5) **Definitions** — In this subsection:
(A) *Indian tribe* — The term “Indian tribe” has the meaning given the term in [section 1603 of title 25](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1603&num=0&edition=prelim).
(B) *Tribal organization* — The term “tribal organization” has the meaning given the term in [section 1603 of title 25](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1603&num=0&edition=prelim).
(C) *State* — The term “State” means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, the Republic of Palau, an Indian tribe, and a tribal organization.
(6) **Sunset** — The Secretary may not grant a waiver or extension under this subsection after September 30, 2012.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Purposes** The purposes of this section are—
(1) to provide access to traditional foods in food service programs;
(2) to encourage increased consumption of traditional foods to decrease health disparities among Indians, particularly Alaska Natives; and
(3) to provide alternative food options for food service programs.
**(b) Definitions** In this section:
(1) **Alaska Native** — The term “Alaska Native” means a person who is a member of any Native village, Village Corporation, or Regional Corporation (as those terms are defined in [section 1602 of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1602&num=0&edition=prelim)).
(2) **Commissioner** — The term “Commissioner” means the Commissioner of Food and Drugs.
(3) **Food service program** — The term “food service program” includes—
(A) food service at residential child care facilities that have a license from an appropriate State agency;
(B) any child nutrition program (as that term is defined in [section 1769f(b) of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1769f/b&num=0&edition=prelim));
(C) food service at hospitals, clinics, and long-term care facilities; and
(D) senior meal programs.
(4) **Indian; Indian tribe** — The terms “Indian” and “Indian tribe” have the meanings given those terms in section 4 of the Indian Self-Determination and Education Assistance Act ([25 U.S.C. 450b](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section450b&num=0&edition=prelim)).11 See References in Text note below.
(5) **Traditional food**
(A) *In general* — The term “traditional food” means food that has traditionally been prepared and consumed by an Indian tribe.
(B) *Inclusions* — The term “traditi
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 1603
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** As used in this section:
(1) **Accreditation body** — The term “accreditation body” means a body that has been approved by the Secretary under subsection (e)(1)(A) to accredit mammography facilities.
(2) **Certificate** — The term “certificate” means the certificate described in subsection (b)(1).
(3) **Facility**
(A) *In general* — The term “facility” means a hospital, outpatient department, clinic, radiology practice, or mobile unit, an office of a physician, or other facility as determined by the Secretary, that conducts breast cancer screening or diagnosis through mammography activities. Such term does not include a facility of the Department of Veterans Affairs.
(B) *Activities* — For the purposes of this section, the activities of a facility include the operation of equipment to produce the mammogram, the processing of the film, the initial interpretation of the mammogram and the viewing conditions for that interpretation. Where procedures such as the film processing, or the interpretation of the mammogram are performed in a location different from where the mammogram is performed, the facility performing the mammogram shall be responsible for meeting the quality standards described in subsection (f).
(4) **Inspection** — The term “inspection” means an onsite evaluation of the facility by the Secretary, or State or local agency on behalf of the Secretary.
(5) **Mammogram** — The term “mammogram” means a radiographic image produced through mammography.
(6) **Mammography** — The term “mammography” means radiography of the breast.
(7) **Survey** — The term “survey” means an onsite physics consultation and evaluation performed by a medical physicist as described in subsection (f)(1)(E).
(8) **Review physician** — The term “review phys
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may make grants to States on the basis of an established competitive review process for the purpose of carrying out programs—
(1) to screen women for breast and cervical cancer as a preventive health measure;
(2) to provide appropriate referrals for medical treatment of women screened pursuant to paragraph (1) and to ensure, to the extent practicable, the provision of appropriate follow-up services and support services such as case management;
(3) to develop and disseminate public information and education programs for the detection and control of breast and cervical cancer;
(4) to improve the education, training, and skills of health professionals (including allied health professionals) in the detection and control of breast and cervical cancer;
(5) to establish mechanisms through which the States can monitor the quality of screening procedures for breast and cervical cancer, including the interpretation of such procedures; and
(6) to evaluate activities conducted under paragraphs (1) through (5) through appropriate surveillance or program-monitoring activities.
**(b) Grant and contract authority of States**
(1) **In general** — A State receiving a grant under subsection (a) may, subject to paragraphs (2) and (3), expend the grant to carry out the purpose described in such subsection through grants to public and nonprofit private entities and through contracts with public and private entities.
(2) **Certain applications** — If a nonprofit private entity and a private entity that is not a nonprofit entity both submit applications to a State to receive an award of a grant or contract pursuant to paragraph (1), the State may give priority to the applic
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 300k
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Projects covered** Notwithstanding any of the provisions of this chapter and without regard to limitations upon eligibility contained in any section or subchapter of this chapter, other than the limitation in [section 1709(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1709/g&num=0&edition=prelim), the Secretary is authorized, upon application by the mortgagee, to insure or make commitments to insure under any section or subchapter of this chapter any mortgage—
(1) executed in connection with the sale by the Government, or any agency or official thereof, of any housing acquired or constructed under Public Law 849, Seventy-sixth Congress, as amended; Public Law 781, Seventy-sixth Congress, as amended; or Public Laws 9, 73, or 353, Seventy-seventh Congress, as amended (including any property acquired, held, or constructed in connection with such housing or to serve the inhabitants thereof); or
(2) executed in connection with the sale by the Secretary of Housing and Urban Development, or by any public housing agency with the approval of the Secretary, of any housing (including any property acquired, held, or constructed in connection with such housing or to serve the inhabitants thereof) owned or financially assisted pursuant to the provisions of Public Law 671, Seventy-sixth Congress; or
(3) executed in connection with the sale by the Government, or any agency or official thereof, of any of the so-called Greenbelt towns, or parts thereof, including projects, or parts thereof, known as Greenhills, Ohio; Greenbelt, Maryland; and Greendale, Wisconsin, developed under the Emergency Relief Appropriation Act of 1935, or of any of the village properties or employee’s housing under the jurisdiction of Tennessee Valley Author
Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 1730f to 1730i
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Purpose** The purpose of this section is to assist in the provision of facilities for any of the following purposes or for a combination of such purposes:
(1) The development of nursing homes for the care and treatment of convalescents and other persons who are not acutely ill and do not need hospital care but who require skilled nursing care and related medical services, including additional facilities for the nonresident care of elderly individuals and others who are able to live independently but who require care during the day.
(2) The development of intermediate care facilities and board and care homes for the care of persons who, while not in need of nursing home care and treatment, nevertheless are unable to live fully independently and who are in need of minimum but continuous care provided by licensed or trained personnel, including additional facilities for the nonresident care of elderly individuals and others who are able to live independently but who require care during the day.
(3) The development of assisted living facilities for the care of frail elderly persons.
**(b) Definitions** For the purposes of this section—
(1) the term “nursing home” means a public facility, proprietary facility or facility of a private nonprofit corporation or association, licensed or regulated by the State (or, if there is no State law providing for such licensing and regulation by the State, by the municipality or other political subdivision in which the facility is located), for the accommodation of convalescents or other persons who are not acutely ill and not in need of hospital care but who require skilled nursing care and related medical services, in which such nursing care and medical services are prescribed by, or are performed under the general direction o
Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 1735b
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment; criteria for regulations; requirements for hospitals** For the purposes of reporting the cost of services provided by, of planning, and of measuring and comparing the efficiency of and effective use of services in, hospitals, skilled nursing facilities, intermediate care facilities, home health agencies, health maintenance organizations, and other types of health services facilities and organizations to which payment may be made under this chapter, the Secretary shall establish by regulation, for each such type of health services facility or organization, a uniform system for the reporting by a facility or organization of that type of the following information:
(1) The aggregate cost of operation and the aggregate volume of services.
(2) The costs and volume of services for various functional accounts and subaccounts.
(3) Rates, by category of patient and class of purchaser.
(4) Capital assets, as defined by the Secretary, including (as appropriate) capital funds, debt service, lease agreements used in lieu of capital funds, and the value of land, facilities, and equipment.
(5) Discharge and bill data.
The uniform reporting system for a type of health services facility or organization shall provide for appropriate variation in the application of the system to different classes of facilities or organizations within that type and shall be established, to the extent practicable, consistent with the cooperative system for producing comparable and uniform health information and statistics described in [section 242k(e)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section242k/e/1&num=0&edition=prelim). In reporting under such a system, hospitals shall employ such chart of accounts, definitions, principles, and
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1320a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Hospital facility agreements; reasonable costs of services**
(1) Any hospital which has an agreement under [section 1395cc of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395cc&num=0&edition=prelim) may (subject to subsection (b)) enter into an agreement with the Secretary under which its inpatient hospital facilities may be used for the furnishing of services of the type which, if furnished by a skilled nursing facility, would constitute extended care services.
(2)
(A) Notwithstanding any other provision of this subchapter, payment to any hospital (other than a critical access hospital) for services furnished under an agreement entered into under this section shall be based upon the reasonable cost of the services as determined under subparagraph (B).
(B)
(i) The reasonable cost of the services consists of the reasonable cost of routine services (determined under clause (ii)) and the reasonable cost of ancillary services (determined under clause (iii)).
(ii) The reasonable cost of routine services furnished during any calendar year by a hospital under an agreement under this section is equal to the product of—
(I) the number of patient-days during the year for which the services were furnished, and
(II) the average reasonable cost per patient-day, such average reasonable cost per patient-day being the average rate per patient-day paid for routine services during the most recent year for which cost reporting data are available with respect to such services (increased in a compounded manner by the applicable increase for payments for routine service costs of skilled nursing facilities under subsections (a) through (d) of [section 1395yy of this title](https://uscode.house.gov/view.xhtml?req
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1395fff
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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
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Federal law — U.S. Code and appendices · legal_authorities
**(a) “Excess hospital capacity” defined; particular activities** For the purpose of demonstrating the effectiveness of various means for reducing excesses in resources and facilities of hospitals (referred to in this section as “excess hospital capacity”), the Secretary may make grants to State Agencies designated under section 300m(b)(3) 11 See References in Text note below. of this title to assist such Agencies in—
(1) identifying (by geographic region or by health service) excess hospital capacity,
(2) developing programs to inform the public of the costs associated with excess hospital capacity,
(3) developing programs to reduce excess hospital capacity in a manner which will produce the greatest savings in the cost of health care delivery,
(4) developing means to overcome barriers to the reduction of excess hospital capacity,
(5) in planning, evaluating, and carrying out programs to decertify health care facilities providing health services that are not appropriate, and
(6) any other activity related to the reduction of excess hospital capacity.
**(b) Terms and conditions** Grants under subsection (a) shall be made on such terms and conditions as the Secretary may prescribe.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 300o to 300o–3
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary shall, by April 1, 1980, establish a program under which—
(1) grants and technical assistance may be provided to hospitals in operation on October 4, 1979, (A) for the discontinuance of unneeded hospital services, and (B) for the conversion of unneeded hospital services to other health services needed by the community; and
(2) grants may be provided to State Agencies designated under section 300m(b)(3) 11 See References in Text note below. of this title for reducing excesses in resources and facilities of hospitals.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 300t–13
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