42 U.S.C. § 300s — General regulations

Page 1357 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 300s (2) The amount of any grant under paragraph (1) may not exceed 80 per centum of the cost of the project for which the grant is made unless the project is located in an area determined by the Secretary to be an urban or rural poverty area, in which case the grant may cover up to 100 per centum of such costs. (3) There are authorized to be appropriated for grants under paragraph (1) $15,000,000 for the fis- cal year ending September 30, 1981, and $15,000,000 for the fiscal year ending September 30, 1982. (July 1, 1944, ch. 373, title XVI, § 1610, formerly § 1625, as added Pub. L. 93–641, § 4, Jan. 4, 1975, 88 Stat. 2268; amended Pub. L. 95–83, title I, § 103(b), Aug. 1, 1977, 91 Stat. 383; renumbered § 1610 and amended Pub. L. 96–79, title II, §§ 201(c), 203(b), Oct. 4, 1979, 93 Stat. 631, 635.) Editorial Notes PRIOR PROVISIONS A prior section 1610 of act July 1, 1944, ch. 373, title XVI, as added Jan. 4, 1975, Pub. L. 93–641, § 4, 88 Stat. 2262; amended Aug. 1, 1977, Pub. L. 95–83, title I, § 106(w), 91 Stat. 385, was classified to section 300p of this title, prior to repeal by Pub. L. 96–79, title II, § 201(a), Oct. 4, 1979, 93 Stat. 630. AMENDMENTS 1979—Subsec. (a). Pub. L. 96–79, § 201(c), incorporated existing provisions in par. (1); inserted in subpar. (A) in cls. (i) and (ii) the phrases ‘‘in medical facilities’’ and ‘‘by medical facilities’’; substituted in subpar. (B)(i) ‘‘for any medical facility owned or operated by the State or political subdivision’’ for ‘‘for a project de- scribed in the preceding sentence for any medical facil- ity owned or operated by it’’; added cl. (a)(1)(B)(ii); re- designated former subsec. (c) as par. (2); and added par. (3). Subsec. (b). Pub. L. 96–79, § 201(c), inserted provisions respecting projects for medically underserved popu- lations and struck out provisions respecting criteria for approval of applications under former section 300o–3 of this title. Subsec. (c). Pub. L. 96–79, § 201(c), redesignated subsec. (c) as par. (2) of subsec. (a). Subsec. (d). Pub. L. 96–79, § 201(c), struck out subsec. (d) which related to provisions making available 22 per centum of sums appropriated under former section 300p–3 of this title for subsec. (a) grants, including an additional appropriations authorization of $67,500,000 for such grants for fiscal year ending Sept. 30, 1978. 1977—Subsec. (d). Pub. L. 95–83 authorized additional grant appropriations of $67,500,000 for fiscal year ending Sept. 30, 1978. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96–79 effective Oct. 1, 1979, see section 204 of Pub. L. 96–79, set out as a note under sec- tion 300q of this title. PART C—GENERAL PROVISIONS Editorial Notes CODIFICATION Pub. L. 96–79, title II, § 202(a), Oct. 4, 1979, 93 Stat. 632, redesignated former part E as part C relating to gen- eral provisions and former part C as part A. § 300s. General regulations The Secretary shall by regulation— (1) prescribe the manner in which he shall determine the priority among projects for which assistance is available under part A or B, based on the relative need of different areas for such projects and giving special consider- ation— (A) to projects for medical facilities serv- ing areas with relatively small financial re- sources and for medical facilities serving rural communities, (B) in the case of projects for moderniza- tion of medical facilities, to projects for fa- cilities serving densely populated areas, (C) in the case of projects for construction of outpatient medical facilities, to projects that will be located in, and provide services for residents of, areas determined by the Secretary to be rural or urban poverty areas, (D) to projects designed to (i) eliminate or prevent imminent safety hazards as defined by Federal, State, or local fire, building, or life safety codes or regulations, or (ii) avoid noncompliance with State or voluntary li- censure or accreditation standards, and (E) to projects for medical facilities which, alone or in conjunction with other facilities, will provide comprehensive health care, in- cluding outpatient and preventive care as well as hospitalization; (2) prescribe for medical facilities projects assisted under part A or B general standards of construction, modernization, and equipment, which standards may vary on the basis of the class of facilities and their location; and (3) prescribe the general manner in which each entity which receives financial assistance under part A or B or has received financial as- sistance under part A or B or subchapter IV shall be required to comply with the assur- ances required to be made at the time such as- sistance was received and the means by which such entity shall be required to demonstrate compliance with such assurances. An entity subject to the requirements pre- scribed pursuant to paragraph (3) respecting compliance with assurances made in connection with receipt of financial assistance shall submit periodically to the Secretary data and informa- tion which reasonably supports the entity’s compliance with such assurances. The Secretary may not waive the requirement of the preceding sentence. (July 1, 1944, ch. 373, title XVI, § 1620, as added Pub. L. 96–79, title II, § 202(b), Oct. 4, 1979, 93 Stat. 632.) Editorial Notes PRIOR PROVISIONS A prior section 300s, act July 1, 1944, ch. 373, title XVI, § 1630, as added Jan. 4, 1975, Pub. L. 93–641, § 4, 88 Stat. 2269, provided for judicial review by the United States Court of Appeals, prior to repeal by Pub. L. 96–79, § 202(b), eff. Oct. 1, 1979. A prior section 1620 of act July 1, 1944, was renum- bered section 1601 by Pub. L. 96–79, title II, § 203(a)(1), Oct. 4, 1979, 93 Stat. 635, and is classified to section 300q of this title. Page 1358 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 300s–1 Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1979, see section 204 of Pub. L. 96–79, set out as an Effective Date of 1979 Amend- ment note under section 300q of this title. § 300s–1. Medical facility project applications (a) Submissions No loan, loan guarantee, or grant may be made under part A or B for a medical facilities project unless an application for such project has been submitted to and approved by the Sec- retary. If two or more entities join in a project, an application for such project may be filed by any of such entities or by all of them. (b) Form; required provisions; waiver; projects subject to requirements (1) An application for a medical facilities proj- ect shall be submitted in such form and manner as the Secretary shall by regulation prescribe and shall, except as provided in paragraph (2), set forth— (A) in the case of a modernization project for a medical facility for continuation of existing health services, a finding by the State Agency of a continued need for such services, and, in the case of any other project for a medical fa- cility, a finding by the State Agency of the need for the new health services to be provided through the medical facility upon completion of the project; (B) in the case of an application for a grant, assurances satisfactory to the Secretary that (i) the applicant making the application would not be able to complete the project for which the application is submitted without the grant applied for, and (ii) in the case of a project to construct a new medical facility, it would be inappropriate to convert an existing medical facility to provide the services to be provided through the new medical facility; (C) in the case of a project for the dis- continuance of a service or facility or the con- version of a service or a facility, an evaluation of the impact of such discontinuance or con- version on the provision of health care in the health service area in which such service was provided or facility located; (D) a description of the site of such project; (E) plans and specifications therefor which meet the requirements of the regulations pre- scribed under section 300s(2) of this title; (F) reasonable assurance that title to such site is or will be vested in one or more of the entities filing the application or in a public or other nonprofit entity which is to operate the facility on completion of the project; (G) reasonable assurance that adequate fi- nancial support will be available for the com- pletion of the project and for its maintenance and operation when completed, and, for the purpose of determining if the requirements of this subparagraph are met, Federal assistance provided directly to a medical facility which is located in an area determined by the Sec- retary to be an urban or rural poverty area or through benefits provided individuals served at such facility shall be considered as finan- cial support; (H) the type of assistance being sought under part A or B for the project; (I) 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; (J) in the case of a project for the construc- tion or modernization of an outpatient facil- ity, reasonable assurance that the services of a general hospital will be available to patients at such facility who are in need of hospital care; and (K) reasonable assurance that at all times after such application is approved (i) the facil- ity or portion thereof to be constructed, mod- ernized, or converted will be made available to all persons residing or employed in the area served by the facility, and (ii) there will be made available in the facility or portion there- of to be constructed, modernized, or converted a reasonable volume of services to persons un- able to pay therefor and the Secretary, in de- termining the reasonableness of the volume of services provided, shall take into consider- ation the extent to which compliance is fea- sible from a financial viewpoint. (2)(A) The Secretary may waive— (i) the requirements of subparagraph (D) of paragraph (1) for compliance with moderniza- tion and equipment standards prescribed pur- suant to section 300s(2) of this title, and (ii) the requirement of subparagraph (E) of paragraph (1) respecting title to a project site, in the case of an application for a project de- scribed in subparagraph (B) of this paragraph. (B) A project referred to in subparagraph (A) is a project— (i) for the modernization of an outpatient medical facility which will provide general purpose health services, which is not part of a hospital, and which will serve a medically un- derserved population as defined in section 300s–3 of this title or as designated by a health systems agency, and (ii) for which the applicant seeks a loan under part A the principal amount of which does not exceed $20,000. (July 1, 1944, ch. 373, title XVI, § 1621, as added Pub. L. 96–79, title II, § 202(b), Oct. 4, 1979, 93 Stat. 633.) Editorial Notes CODIFICATION In subsec. (b)(1)(I), ‘‘sections 3141–3144, 3146, and 3147 of title 40’’ substituted for ‘‘the Act of March 3, 1931 (40 U.S.C. 276a—276a–5, known as the Davis-Bacon Act)’’ and ‘‘section 3145 of title 40’’ substituted for ‘‘section 2 of the Act of June 13, 1934 (40 U.S.C. 276c)’’ on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Build- ings, Property, and Works.