Browse Arkansas Code titles and sections
42 U.S.C. § 300t–14 — Grants for discontinuance and conversion
Federal law — U.S. Code and appendices · legal_authorities
**(a) Terms and conditions; determination of amount; authorized uses**
(1) A grant to a hospital under the program shall be subject to such terms and conditions as the Secretary may by regulation prescribe to assure that the grant is used for the purpose for which it was made.
(2) The amount of any such grant shall be determined by the Secretary. The recipient of such a grant may use the grant—
(A) in the case of a grantee which discontinues the provision of all hospital services or all inpatient hospital services or an identifiable part of a hospital facility which provides inpatient hospital services, for the liquidation of the outstanding debt on the facilities of the grantee used for the provision of the services or for the liquidation of the outstanding debt of the grantee on such identifiable part;
(B) in the case of a grantee which in discontinuing the provision of an inpatient hospital service converts or proposes to convert an identifiable part of a hospital facility used in the provision of the discontinued service to the delivery of other health services, for the planning, development (including construction and acquisition of equipment), and delivery of the health service;
(C) to provide reasonable termination pay for personnel of the grantee who will lose employment because of the discontinuance of hospital services made by the grantee, retraining of such personnel, assisting such personnel in securing employment, and other costs of implementing arrangements described in subsection (c); and
(D) for such other costs which the Secretary determines may need to be incurred by the grantee in discontinuing hospital services.
**(b) Application; submission and approval; form; required provisions; review by health systems agency; basis of State Agency
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 300t–14
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: e90385c24a7f099db4a4e213dac92b230793562fbb0a279cd74aa74cb37cfc8b. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Record provenance
Stable record: federal_law:legal_authorities:record_usc_ae9368c642679d6d8d244f9b
Source file: Laws/federal/codes/united-states-code/title-42/section-300t14-grants-for-discontinuance-and-conversion--5df6e8d5cd.md
Pages: Not recorded – Not recorded
Passage SHA-256: 7264ee21aa0eabf64be0dbe45d676f45641d7f07f06705bf205004eccb79a23b
Source location: Title 42, Chapter 6A, § 300t–14; chapter-6a-public-health-service.md
Stored source content
**(a) Terms and conditions; determination of amount; authorized uses**
(1) A grant to a hospital under the program shall be subject to such terms and conditions as the Secretary may by regulation prescribe to assure that the grant is used for the purpose for which it was made.
(2) The amount of any such grant shall be determined by the Secretary. The recipient of such a grant may use the grant—
(A) in the case of a grantee which discontinues the provision of all hospital services or all inpatient hospital services or an identifiable part of a hospital facility which provides inpatient hospital services, for the liquidation of the outstanding debt on the facilities of the grantee used for the provision of the services or for the liquidation of the outstanding debt of the grantee on such identifiable part;
(B) in the case of a grantee which in discontinuing the provision of an inpatient hospital service converts or proposes to convert an identifiable part of a hospital facility used in the provision of the discontinued service to the delivery of other health services, for the planning, development (including construction and acquisition of equipment), and delivery of the health service;
(C) to provide reasonable termination pay for personnel of the grantee who will lose employment because of the discontinuance of hospital services made by the grantee, retraining of such personnel, assisting such personnel in securing employment, and other costs of implementing arrangements described in subsection (c); and
(D) for such other costs which the Secretary determines may need to be incurred by the grantee in discontinuing hospital services.
**(b) Application; submission and approval; form; required provisions; review by health systems agency; basis of State Agency’s recommendations; urban or rural poverty population considerations; approval by Secretary; restrictions and special considerations**
(1) No grant may be made to a hospital unless an application therefor is submitted to and approved by the Secretary. Such an application shall be in such form and submitted in such manner as the Secretary may prescribe and shall include—
(A) a description of each service to be discontinued and, if a part of a hospital is to be discontinued or converted to another use in connection with such discontinuance, a description of such part;
(B) an evaluation of the impact of such discontinuance and conversion on the provision of health care in the health service area in which such service is provided;
(C) an estimate of the change in the applicant’s costs which will result from such discontinuance and conversion; and
(D) reasonable assurance that all laborers and mechanics employed by contractors or subcontractors in the performance of work on a project will be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with sections 3141–3144, 3146, and 3147 of title 40, and the Secretary of Labor shall have with respect to such labor standards the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 FR 3176; 5 U.S.C. Appendix) and [section 3145 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section3145&num=0&edition=prelim);
(E) such other information as the Secretary may require.
(2)
(A) The health systems agency for the health service area in which is located a hospital applying for a grant under the program shall (i) in making the review of the applicant’s application under section 300l–2(e) 11 See References in Text note below. of this title, determine the need for each service or part proposed to be discontinued by the applicant, (ii) in the case of an application for the conversion of a facility, determine the need for each service which will be provided as a result of the conversion, and (iii) make a recommendation to the State Agency for the State in which the applicant is located respecting approval by the Secretary of the applicant’s application.
(B) A State Agency which has received a recommendation from a health systems agency under subparagraph (A) respecting an application shall, after consideration of such recommendation, make a recommendation to the Secretary respecting the approval by the Secretary of the application. A State Agency’s recommendation under this subparagraph respecting the approval of an application (i) shall be based upon (I) the need for each service or part proposed to be discontinued by the applicant, (II) in the case of an application for the conversion of a facility, the need for each service which will be provided as a result of the conversion, and (III) such other criteria as the Secretary may prescribe, and (ii) shall be accompanied by the health systems agency’s recommendation made with respect to the approval of the application.
(C) In determining, under subparagraphs (A) and (B), the need for the service (or services) or part proposed to be discontinued or converted by an applicant for a grant, a health systems agency and State Agency shall give special consideration to the unmet needs and existing access patterns of urban or rural poverty populations.
(3)
(A) The Secretary may not approve an application of a hospital for a grant—
(i) if a State Agency recommended that the application not be approved, or
(ii) if the Secretary is unable to determine that the cost of providing inpatient health services in the health service area in which the applicant is located will be less than if the inpatient health services proposed to be discontinued were not discontinued.
(B) In considering applications of hospitals for grants the Secretary shall consider the recommendations of health systems agencies and State Agencies and shall give special consideration to applications (i) which will assist health systems agencies and State Agencies to meet the goals in their health systems plans and State health plans, or (ii) which will result in the greatest reduction in hospital costs within a health service area.
**(c) Certification of protective arrangements for employment benefits and interests; guidelines; satisfactory arrangement determinations**
(1) Except as provided in paragraph (3), the Secretary may not approve an application submitted under subsection (b) unless the Secretary of Labor has certified that fair and equitable arrangements have been made to protect the interests of employees affected by the discontinuance of services against a worsening of their positions with respect to their employment, including arrangements to preserve the rights of employees under collective-bargaining agreements, continuation of collective-bargaining rights consistent with the provisions of the National Labor Relations Act [[29 U.S.C. 151](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section151&num=0&edition=prelim) et seq.], reassignment of affected employees to other jobs, retraining programs, protecting pension, health benefits, and other fringe benefits of affected employees, and arranging adequate severance pay, if necessary.
(2) The Secretary of Labor shall by regulation prescribe guidelines for arrangements for the protection of the interests of employees affected by the discontinuance of hospital services. The Secretary of Labor shall consult with the Secretary of Health and Human Services in the promulgation of such guidelines. Such guidelines shall first be promulgated not later than the promulgation of regulations by the Secretary for the administration of the grants authorized by [section 300t–11 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300t-11&num=0&edition=prelim).
(3) The Secretary of Labor shall review each application submitted under subsection (b) to determine if the arrangements described in paragraph (1) have been made and if they are satisfactory and shall notify the Secretary respecting his determination. Such review shall be completed within—
(A) ninety days from the date of the receipt of the application from the Secretary of Health and Human Services, or
(B) one hundred and twenty days from such date if the Secretary of Labor has by regulation prescribed the circumstances under which the review will require at least one hundred and twenty days.
If within the applicable period, the Secretary of Labor does not notify the Secretary of Health and Human Services respecting his determination, the Secretary of Health and Human Services shall review the application to determine if the applicant has made the arrangements described in paragraph (1) and if such arrangements are satisfactory. The Secretary may not approve the application unless he determines that such arrangements have been made and that they are satisfactory.
**(d) Records and audits requirements** The records and audits requirements of section 292e 1 of this title shall apply with respect to grants made under subsection (a).
**(e) “Hospital” defined** For purposes of this part, the term “hospital” means, with respect to any fiscal year, an institution (including a distinct part of an institution participating in the programs established 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.])—
(1) which satisfies paragraphs (1) and (7) of section 1861(e) of such Act [[42 U.S.C. 1395x(e)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395x/e&num=0&edition=prelim)],
(2) imposes charges or accepts payments for services provided to patients, and
(3) the average duration of a patient’s stay in which was thirty days or less in the preceding fiscal year,
but such term does not include a Federal hospital or a psychiatric hospital (as described in section 1861(f)(1) of the Social Security Act [[42 U.S.C. 1395x(f)(1)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395x/f/1&num=0&edition=prelim)]).
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
The denial by some employers of the right of employees to organize and the refusal by some employers to accept the procedure of collective bargaining lead to strikes and other forms of industrial strife or unrest, which have the intent or the necessary effect of burdening or obstructing commerce by (a) impairing the efficiency, safety, or operation of the instrumentalities of commerce; (b) occurring in the current of commerce; (c) materially affecting, restraining, or controlling the flow of raw materials or manufactured or processed goods from or into the channels of commerce, or the prices of such materials or goods in commerce; or (d) causing diminution of employment and wages in such volume as substantially to impair or disrupt the market for goods flowing from or into the channels of commerce.
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 151
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
This subchapter may be cited as the “National Labor Relations Act”.
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 167
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The Secretary of Labor shall prescribe reasonable regulations for contractors and subcontractors engaged in constructing, carrying out, completing, or repairing public buildings, public works, or buildings or works that at least partly are financed by a loan or grant from the Federal Government. The regulations shall include a provision that each contractor and subcontractor each week must furnish a statement on the wages paid each employee during the prior week.
**(b) Application.—** [Section 1001 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1001&num=0&edition=prelim) applies to the statements.
Source: Supplied U.S. Code snapshot — release unconfirmed · 40 U.S.C. § 3145
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
This chapter may be cited as the “Social Security Act”.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1305
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general**
(1) **Authority for issuance of certificate** — If, upon application by an eligible lender, made upon such form, containing such information, and supported by such evidence as the Secretary may require, and otherwise in conformity with this section, the Secretary finds that the applicant has made a loan to an eligible borrower which is insurable under the provisions of this subpart, he may issue to the applicant a certificate of insurance covering the loan and setting forth the amount and terms of the insurance.
(2) **Effective date of insurance** — Insurance evidenced by a certificate of insurance pursuant to subsection (a)(1) shall become effective upon the date of issuance of the certificate, except that the Secretary is authorized, in accordance with regulations, to issue commitments with respect to proposed loans, or with respect to lines (or proposed lines) of credit, submitted by eligible lenders, and in that event, upon compliance with subsection (a)(1) by the lender, the certificate of insurance may be issued effective as of the date when any loan, or any payment by the lender pursuant to a line of credit, to be covered by such insurance is made to a student described in [section 292d(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section292d/a/1&num=0&edition=prelim). Such insurance shall cease to be effective upon 60 days’ default by the lender in the payment of any installment of the premiums payable pursuant to [section 292g of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section292g&num=0&edition=prelim).
(3) **Certain agreements for lenders** — An application submitted pursuant to subsection (a)(1) shall contain—
(A) an agreement by the applicant to pay
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 292e
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Conditions of participation; protection of individual rights; notification of State entities; use of home health aides; medical equipment; individual’s plan of care; compliance with Federal, State, and local laws and regulations** The conditions of participation that a home health agency is required to meet under this subsection are as follows:
(1) The agency protects and promotes the rights of each individual under its care, including each of the following rights:
(A) The right to be fully informed in advance about the care and treatment to be provided by the agency, to be fully informed in advance of any changes in the care or treatment to be provided by the agency that may affect the individual’s well-being, and (except with respect to an individual adjudged incompetent) to participate in planning care and treatment or changes in care or treatment.
(B) The right to voice grievances with respect to treatment or care that is (or fails to be) furnished without discrimination or reprisal for voicing grievances.
(C) The right to confidentiality of the clinical records described in section 1395x(o)(3) of this title.
(D) The right to have one’s property treated with respect.
(E) The right to be fully informed orally and in writing (in advance of coming under the care of the agency) of—
(i) all items and services furnished by (or under arrangements with) the agency for which payment may be made under this subchapter,
(ii) the coverage available for such items and services under this subchapter, subchapter XIX, and any other Federal program of which the agency is reasonably aware,
(iii) any charges for items and services not covered under this subchapter and any charges the individual may have to pay with respect to items and services furn
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1395
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 36
TITLE 29—LABOR
§ 142
procurements; grants and other direct or indirect Fed-
eral investments; tax and trade administration and en-
forcement; administration and enforcement of labor,
employment, and other relevant laws; property man-
agement; and human resources management and labor
relations.
(b) ‘‘Worker organizing and collective bargaining’’
encompasses the private sector, State and local govern-
ments, and the Federal Government. It also includes
those sectors of the economy and those workers who
have not historically been able to unionize, or whose
ability to effectively collectively bargain or organize
has been undermined.
(c) the term ‘‘agency’’ refers to all agencies described
in section 3502(1) of title 44, United States Code, except
for the agencies described in section 3502(5) of title 44.
SEC. 4. Revocations. (a) Executive Order 13845 of July
19, 2018 (Establishing the President’s National Council
for the American Worker) [former 29 U.S.C. 3101 note],
and Executive Order 13931 of June 26, 2020 (Continuing
the President’s National Council for the American
Worker and the American Workforce Policy Advisory
Board) [former 29 U.S.C. 3101 note], are revoked.
(b) The Director of the Office of Management and
Budget and the heads of executive departments and
agencies shall promptly consider taking steps to re-
scind any orders, rules, regulations, guidelines, or poli-
cies, or portions thereof, implementing or enforcing
Executive Order 13845 or Executive Order 13931, as ap-
propriate and consistent with applicable law, including
the Administrative Procedure Act (5 U.S.C. 551 et seq.).
In addition, they shall abolish any personnel positions,
committees, task forces, or other entities established
pursuant to Executive Order 13845 or Ex
Source: Supplied 2024 U.S. Code historical extraction · 29 U.S.C. § 151
Stored review status: historical_2024_not_currentness_verified. The source passage cites 29 U.S.C. § 151. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 2893
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1395a
(i) shared savings and competitive bidding in FFS
Medicare;
(ii) use of MA-negotiated rates to set FFS Medicare
rates; and
(iii) novel approaches to information development
and sharing that may enable markets to lower cost and
improve quality for FFS Medicare beneficiaries.
SEC. 10. Reducing Obstacles to Improved Patient Care.
Within 1 year of the date of this order, the Secretary
shall propose regulatory changes to the Medicare pro-
gram to reduce the burden on providers and eliminate
regulations that create inefficiencies or otherwise un-
dermine patient outcomes.
SEC. 11. Maximizing Freedom for Medicare Patients and
Providers. (a) Within 180 days of the date of this order,
the Secretary, in coordination with the Commissioner
of Social Security, shall revise current rules or policies
to preserve the Social Security retirement insurance
benefits of seniors who choose not to receive benefits
under Medicare Part A, and propose other administra-
tive improvements to Medicare enrollment processes
for beneficiaries.
(b) Within 1 year of the date of this order, the Sec-
retary shall identify and remove unnecessary barriers
to private contracts that allow Medicare beneficiaries
to obtain the care of their choice and facilitate the de-
velopment of market-driven prices.
SEC. 12. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive de-
partment or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Man-
agement and Budget relating to budgetary, administra-
tive, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 1395
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 1395. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment** The Secretary shall establish a manufacturer discount program (in this section referred to as the “program”). Under the program, the Secretary shall enter into agreements described in subsection (b) with manufacturers and provide for the performance of the duties described in subsection (c).
**(b) Terms of agreement**
(1) **In general**
(A) *Agreement* — An agreement under this section shall require the manufacturer to provide, in accordance with this section, discounted prices for applicable drugs of the manufacturer that are dispensed to applicable beneficiaries on or after January 1, 2025.
(B) *Clarification* — Nothing in this section shall be construed as affecting—
(i) the application of a coinsurance of 25 percent of the negotiated price, as applied under paragraph (2)(A) of [section 1395w–102(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395w–102/b&num=0&edition=prelim), for costs described in such paragraph; or
(ii) the application of the copayment amount described in paragraph (4)(A) of such section, with respect to costs described in such paragraph.
(C) *Timing of agreement*
(i) *Special rule for 2025* — In order for an agreement with a manufacturer to be in effect under this section with respect to the period beginning on January 1, 2025, and ending on December 31, 2025, the manufacturer shall enter into such agreement not later than March 1, 2024.
(ii) *2026 and subsequent years* — In order for an agreement with a manufacturer to be in effect under this section with respect to plan year 2026 or a subsequent plan year, the manufacturer shall enter into such agreement not later than a calendar quarter or semi-annual deadline established by the Secretary.
(2)
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1395x
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 1395x. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 3523
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1395x
Revenue Code of 1986 with respect to the man-
ufacturer.
(d) Definition of manufacturer
In this section, the term ‘‘manufacturer’’ has
the
meaning
given
such
term
in
section
1395w–114a(g)(5) of this title.
(Aug. 14, 1935, ch. 531, title XVIII, § 1860D–43, as
added Pub. L. 111–148, title III, § 3301(a), Mar. 23,
2010, 124 Stat. 461; amended Pub. L. 111–152, title
I, § 1101(b)(1), Mar. 30, 2010, 124 Stat. 1037; Pub. L.
117–169, title I, §§ 11001(b)(1)(G)(i), 11201(e)(7),
Aug. 16, 2022, 136 Stat. 1853, 1892.)
Editorial Notes
REFERENCES IN TEXT
Section 5000D(c)(1) of the Internal Revenue Code of
1986, referred to in subsec. (c)(2), is classified to section
5000D(c)(1) of Title 26, Internal Revenue Code.
AMENDMENTS
2022—Subsec. (a)(1). Pub. L. 117–169, § 11201(e)(7)(A)(i),
added par. (1) and struck out former par. (1) which read
as follows: ‘‘participate in the Medicare coverage gap
discount program under section 1395w–114a of this
title;’’.
Subsec. (a)(2). Pub. L. 117–169, § 11201(e)(7)(A)(ii),
added par. (2) and struck out former par. (2) which read
as follows: ‘‘have entered into and have in effect an
agreement described in subsection (b) of such section
with the Secretary; and’’.
Subsec. (a)(3). Pub. L. 117–169, § 11201(e)(7)(A)(iii), sub-
stituted ‘‘section 1395w–114a of this title’’ for ‘‘such sec-
tion’’.
Subsec. (b). Pub. L. 117–169, § 11201(e)(7)(B), added sub-
sec. (b) and struck out former subsec. (b). Prior to
amendment, text read as follows: ‘‘Subsection (a) shall
apply to covered part D drugs dispensed under this part
on or after January 1, 2011.’’
Subsec. (c). Pub. L. 117–169, § 11001(b)(1)(G)(i), des-
ignated existing provisions as par. (1) and inserted
heading, sub
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 1395x
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 1395x. This identifies an authority to review, not proof of applicability.