42 U.S.C. § 254h — Provision of health services by Corps

Page 398 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 254h U.S.C. 1397aa et seq.] with respect to an in- dividual who is a beneficiary under the State children’s health insurance program. (3) Collection of payments The entity shall take reasonable and appro- priate steps to collect all payments due for health care services provided by the entity, in- cluding payments from any third party (in- cluding a Federal, State, or local government agency and any other third party) that is re- sponsible for part or all of the charge for such services. (July 1, 1944, ch. 373, title III, § 334, as added Pub. L. 107–251, title III, § 305, Oct. 26, 2002, 116 Stat. 1647; amended Pub. L. 108–163, § 2(i), Dec. 6, 2003, 117 Stat. 2022.) Editorial Notes REFERENCES IN TEXT The Social Security Act, referred to in subsecs. (a)(2) and (b)(2)(B), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Titles XVIII, XIX, and XXI of the Act are classified generally to subchapters XVIII (§ 1395 et seq.), XIX (§ 1396 et seq.), and XXI (§ 1397aa et seq.), respectively, of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables. PRIOR PROVISIONS A prior section 254g, act July 1, 1944, ch. 373, title III, § 334, as added Pub. L. 94–484, title IV, § 407(b)(3), Oct. 12, 1976, 90 Stat. 2274; amended Pub. L. 97–35, title XXVII, § 2704, Aug. 13, 1981, 95 Stat. 906; Pub. L. 98–194, § 3, Dec. 1, 1983, 97 Stat. 1345; Pub. L. 100–177, title II, § 202(c), Dec. 1, 1987, 101 Stat. 996; Pub. L. 101–597, title I, § 105, title IV, § 401(b)[(a)], Nov. 16, 1990, 104 Stat. 3018, 3035, related to shared responsibility for costs of Corps per- sonnel providing health services in or to a health pro- fessional shortage area during the assignment period, prior to repeal by Pub. L. 107–251, title III, § 305, Oct. 26, 2002, 116 Stat. 1647. AMENDMENTS 2003—Subsec. (b)(1)(B). Pub. L. 108–163 inserted ‘‘the payment of’’ after ‘‘applied to’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2003 AMENDMENT Amendment by Pub. L. 108–163 deemed to have taken effect immediately after the enactment of Pub. L. 107–251, see section 3 of Pub. L. 108–163, set out as a note under section 233 of this title. § 254h. Provision of health services by Corps members (a) Means of delivery of services; cooperation with other health care providers In providing health services in a health profes- sional shortage area, Corps members shall uti- lize the techniques, facilities, and organiza- tional forms most appropriate for the area, pop- ulation group, medical facility, or other public facility, and shall, to the maximum extent fea- sible, provide such services (1) to all individuals in, or served by, such health professional short- age area regardless of their ability to pay for the services, and (2) in a manner which is coop- erative with other health care providers serving such health professional shortage area. (b) Utilization of existing health facilities; lease, acquisition, and use of equipment and sup- plies; permanent and temporary professional services (1) Notwithstanding any other provision of law, the Secretary may (A) to the maximum ex- tent feasible make such arrangements as he de- termines necessary to enable Corps members to utilize the health facilities in or serving the health professional shortage area in providing health services; (B) make such arrangements as he determines are necessary for the use of equip- ment and supplies of the Service and for the lease or acquisition of other equipment and sup- plies; and (C) secure the permanent or tem- porary services of physicians, dentists, nurses, administrators, and other health personnel. If there are no health facilities in or serving such area, the Secretary may arrange to have Corps members provide health services in the nearest health facilities of the Service or may lease or otherwise provide facilities in or serving such area for the provision of health services. (2) If the individuals in or served by a health professional shortage area are being served (as determined under regulations of the Secretary) by a hospital or other health care delivery facil- ity of the Service, the Secretary may, in addi- tion to such other arrangements as he may make under paragraph (1), arrange for the utili- zation of such hospital or facility by Corps members in providing health services, but only to the extent that such utilization will not im- pair the delivery of health services and treat- ment through such hospital or facility to indi- viduals who are entitled to health services and treatment through such hospital or facility. (c) Loan; purposes; limitations The Secretary may make one loan to any enti- ty with an approved application under section 254f of this title to assist such entity in meeting the costs of (1) establishing medical, dental, or other health profession practices, including the development of medical practice management systems; (2) acquiring equipment for use in pro- viding health services; and (3) renovating build- ings to establish health facilities. No loan may be made under this subsection unless an applica- tion therefor is submitted to, and approved by, the Secretary. The amount of any such loan shall be determined by the Secretary, except that no such loan may exceed $50,000. (d) Property and equipment disposal; fair market value; sale at less than full market value Upon the expiration of the assignment of all Corps members to a health professional shortage area, the Secretary may (notwithstanding any other provision of law) sell, to any appropriate local entity, equipment and other property of the United States utilized by such members 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 an appropriate local entity, if he deter- mines that the entity is financially unable to pay the full market value. Page 399 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 254h–1 (e) Admitting privileges denied to Corps member by hospital; notice and hearing; denial of Federal funds for violation; ‘‘hospital’’ de- fined (1)(A) It shall be unlawful for any hospital to deny an authorized Corps member admitting privileges when such Corps member otherwise meets the professional qualifications established by the hospital for granting such privileges and agrees to abide by the published bylaws of the hospital and the published bylaws, rules, and regulations of its medical staff. (B) Any hospital which is found by the Sec- retary, after notice and an opportunity for a hearing on the record, to have violated this sub- section shall upon such finding cease, for a pe- riod to be determined by the Secretary, to re- ceive and to be eligible to receive any Federal funds under this chapter or under titles XVIII, XIX, or XXI of the Social Security Act [42 U.S.C. 1395 et seq., 1396 et seq., 1397aa et seq.]. (2) For purposes of this subsection, the term ‘‘hospital’’ includes a State or local public hos- pital, a private profit hospital, a private non- profit hospital, a general or special hospital, and any other type of hospital (excluding a hospital owned or operated by an agency of the Federal Government), and any related facilities. (July 1, 1944, ch. 373, title III, § 335, as added Pub. L. 94–484, title IV, § 407(b)(3), Oct. 12, 1976, 90 Stat. 2275; amended Pub. L. 97–35, title XXVII, § 2705, Aug. 13, 1981, 95 Stat. 907; Pub. L. 101–597, title I, § 106, title IV, § 401(b)[(a)], Nov. 16, 1990, 104 Stat. 3018, 3035; Pub. L. 107–251, title III, § 306, Oct. 26, 2002, 116 Stat. 1648.) Editorial Notes REFERENCES IN TEXT The Social Security Act, referred to in subsec. (e)(1)(B), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Titles XVIII, XIX, and XXI of the Act are classified generally to subchapters XVIII (§ 1395 et seq.), XIX (§ 1396 et seq.), and XXI (§ 1397aa et seq.), respectively, of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables. AMENDMENTS 2002—Subsec. (e)(1)(B). Pub. L. 107–251 substituted ‘‘ti- tles XVIII, XIX, or XXI of the Social Security Act’’ for ‘‘titles XVIII or XIX of the Social Security Act’’. 1990—Subsecs. (a), (b)(1)(A), (2), (d). Pub. L. 101–597, § 401(b)[(a)], substituted reference to health professional shortage area for reference to health manpower short- age area wherever appearing. Subsec. (e)(1)(A). Pub. L. 101–597, § 106, substituted ‘‘authorized Corps member admitting privileges’’ for ‘‘authorized physician or dentist member of the Corps admitting privileges’’. 1981—Subsec. (a)(2). Pub. L. 97–35, § 2705(a), sub- stituted provisions respecting cooperation with other health care providers, for provisions respecting direct health services programs. Subsec. (c)(4). Pub. L. 97–35, § 2705(b), struck out cl. (4) relating to appropriate continuing education programs. § 254h–1. Facilitation of effective provision of Corps services (a) Consideration of individual characteristics of members in making assignments In making an assignment of a Corps member to an entity that has had an application ap- proved under section 254f of this title, the Sec- retary shall, subject to making the assignment in accordance with section 254f–1 of this title, seek to assign to the entity a Corps member who has (and whose spouse, if any, has) characteris- tics that increase the probability that the mem- ber will remain in the health professional short- age area involved after the completion of the pe- riod of service in the Corps. (b) Counseling on service in Corps (1) In general The Secretary shall, subject to paragraph (3), offer appropriate counseling on service in the Corps to individuals during the period of membership in the Corps, particularly during the initial period of each assignment. (2) Career advisor regarding obligated service (A) In the case of individuals who have en- tered into contracts for obligated service under the Scholarship or Loan Repayment Program, counseling under paragraph (1) shall include appropriate counseling on matters particular to such obligated service. The Sec- retary shall ensure that career advisors for providing such counseling are available to such individuals throughout the period of par- ticipation in the Scholarship or Loan Repay- ment Program. (B) With respect to the Scholarship Pro- gram, counseling under paragraph (1) shall in- clude counseling individuals during the period in which the individuals are pursuing an edu- cational degree in the health profession in- volved, including counseling to prepare the in- dividual for service in the Corps. (3) Extent of counseling services With respect to individuals who have en- tered into contracts for obligated service under the Scholarship or Loan Repayment Program, this subsection shall be carried out regarding such individuals throughout the pe- riod of obligated service (and, additionally, throughout the period specified in paragraph (2)(B), in the case of the Scholarship Pro- gram). With respect to Corps members gen- erally, this subsection shall be carried out to the extent practicable. (c) Grants regarding preparation of students for practice With respect to individuals who have entered into contracts for obligated service under the Scholarship or Loan Repayment Program, the Secretary may make grants to, and enter into contracts with, public and nonprofit private en- tities (including health professions schools) for the conduct of programs designed to prepare such individuals for the effective provision of primary health services in the health profes- sional shortage areas to which the individuals are assigned. (d) Professional development and training (1) In general The Secretary shall assist Corps members in establishing and maintaining professional re- lationships and development opportunities, in- cluding by— (A) establishing appropriate professional relationships between the Corps member in-