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42 U.S.C. § 291g — Payments for construction or modernization
Federal law — U.S. Code and appendices · legal_authorities
**(a) Certification of work by Surgeon General; conditions affecting payments** Upon certification to the Surgeon General by the State agency, based upon inspection by it, that work has been performed upon a project, or purchases have been made, in accordance with the approved plans and specifications, and that payment of an installment is due to the applicant, such installment shall be paid to the State, from the applicable allotment of such State, except that (1) if the State is not authorized by law to make payments to the applicant, or if the State so requests, the payment shall be made directly to the applicant, (2) if the Surgeon General, after investigation or otherwise, has reason to believe that any act (or failure to act) has occurred requiring action pursuant to [section 291g of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section291g&num=0&edition=prelim), payment may, after he has given the State agency notice of opportunity for hearing pursuant to such section, be withheld, in whole or in part, pending corrective action or action based on such hearing, and (3) the total of payments under this subsection with respect to such project may not exceed an amount equal to the Federal share of the cost of construction of such project.
**(b) Additional payments in cases of amended applications** In case an amendment to an approved application is approved as provided in [section 291e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section291e&num=0&edition=prelim) or the estimated cost of a project is revised upward, any additional payment with respect thereto may be made from the applicable allotment of the State for the fiscal year in which such amendment or revision is approved.
**(c) Admin
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Source file: Laws/federal/codes/united-states-code/title-42/section-291g-payments-for-construction-or-modernization--f6ad4b4b0d.md
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Source location: Title 42, Chapter 6A, § 291g; chapter-6a-public-health-service.md
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**(a) Certification of work by Surgeon General; conditions affecting payments** Upon certification to the Surgeon General by the State agency, based upon inspection by it, that work has been performed upon a project, or purchases have been made, in accordance with the approved plans and specifications, and that payment of an installment is due to the applicant, such installment shall be paid to the State, from the applicable allotment of such State, except that (1) if the State is not authorized by law to make payments to the applicant, or if the State so requests, the payment shall be made directly to the applicant, (2) if the Surgeon General, after investigation or otherwise, has reason to believe that any act (or failure to act) has occurred requiring action pursuant to [section 291g of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section291g&num=0&edition=prelim), payment may, after he has given the State agency notice of opportunity for hearing pursuant to such section, be withheld, in whole or in part, pending corrective action or action based on such hearing, and (3) the total of payments under this subsection with respect to such project may not exceed an amount equal to the Federal share of the cost of construction of such project.
**(b) Additional payments in cases of amended applications** In case an amendment to an approved application is approved as provided in [section 291e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section291e&num=0&edition=prelim) or the estimated cost of a project is revised upward, any additional payment with respect thereto may be made from the applicable allotment of the State for the fiscal year in which such amendment or revision is approved.
**(c) Administration expenses; use of portion of allotments to defray; manner of payment**
(1) At the request of any State, a portion of any allotment or allotments of such State under this part shall be available to pay one-half (or such smaller share as the State may request) of the expenditures found necessary by the Surgeon General for the proper and efficient administration during such year of the State plan approved under this part; except that not more than 4 per centum of the total of the allotments of such State for a year, or $100,000, whichever is less, shall be available for such purpose for such year. Payments of amounts due under this paragraph may be made in advance or by way of reimbursement, and in such installments, as the Surgeon General may determine.
(2) Any amount paid under paragraph (1) of this subsection to any State for any fiscal year shall be paid on condition that there shall be expended from State sources for such year for administration of the State plan approved under this part not less than the total amount expended for such purposes from such sources during the fiscal year ending June 30, 1970.
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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
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
**(a) Refusal to approve application; procedure; jurisdiction of court of appeals** If the Surgeon General refuses to approve any application for a project submitted under [section 291e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section291e&num=0&edition=prelim) or [section 291j of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section291j&num=0&edition=prelim), the State agency through which such application was submitted, or if any State is dissatisfied with his action under [section 291g of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section291g&num=0&edition=prelim) such State may appeal to the United States court of appeals for the circuit in which such State is located, by filing a petition with such court within sixty days after such action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Surgeon General, or any officer designated by him for that purpose. The Surgeon General shall thereupon file in the court the record of the proceedings on which he based his action, as provided in [section 2112 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2112&num=0&edition=prelim). Upon the filing of such petition, the court shall have jurisdiction to affirm the action of the Surgeon General or to set it aside, in whole or in part, temporarily or permanently, but until the filing of the record, the Surgeon General may modify or set aside his order.
**(b) Conclusiveness of Surgeon General’s findings; remand; new or modified findings** The findings of the Surgeon General as to the facts, if supported by substantial evidence, shall be conclusive, but the court, for good cause shown, may r
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 291i
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Federal law — U.S. Code and appendices · legal_authorities
Page 975
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 291g
lished within the Office of the Assistant Secretary for
Health, see Notice of Department of Health and Human
Services, Office of the Assistant Secretary for Health,
Mar. 30, 1987, 52 F.R. 11754.
§ 291f. Payments for construction or moderniza-
tion
(a) Certification of work by Surgeon General;
conditions affecting payments
Upon certification to the Surgeon General by
the State agency, based upon inspection by it,
that work has been performed upon a project, or
purchases have been made, in accordance with
the approved plans and specifications, and that
payment of an installment is due to the appli-
cant, such installment shall be paid to the
State, from the applicable allotment of such
State, except that (1) if the State is not author-
ized by law to make payments to the applicant,
or if the State so requests, the payment shall be
made directly to the applicant, (2) if the Sur-
geon General, after investigation or otherwise,
has reason to believe that any act (or failure to
act) has occurred requiring action pursuant to
section 291g of this title, payment may, after he
has given the State agency notice of oppor-
tunity for hearing pursuant to such section, be
withheld, in whole or in part, pending corrective
action or action based on such hearing, and (3)
the total of payments under this subsection with
respect to such project may not exceed an
amount equal to the Federal share of the cost of
construction of such project.
(b) Additional payments in cases of amended ap-
plications
In case an amendment to an approved applica-
tion is approved as provided in section 291e of
this title or the estimated cost of a project is re-
vised upward, any additional payment with re-
spect thereto may be
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 291g
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.