42 U.S.C. § 300r — Grants for construction or modernization

Page 1356 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 300r (July 1, 1944, ch. 373, title XVI, § 1602, formerly § 1622, as added Pub. L. 93–641, § 4, Jan. 4, 1975, 88 Stat. 2265; amended Pub. L. 95–83, title I, § 106(x)(2), (y), Aug. 1, 1977, 91 Stat. 385; renum- bered § 1602 and amended Pub. L. 96–79, title II, §§ 201(b)(2), (3), 203(a)(1), (3), (g), Oct. 4, 1979, 93 Stat. 631, 635; Pub. L. 97–414, § 8(q), Jan. 4, 1983, 96 Stat. 2062; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095.) Editorial Notes CODIFICATION In subsec. (d), ‘‘chapter 31 of title 31’’ and ‘‘that chap- ter’’ substituted for ‘‘the Second Liberty Bond Act’’ and ‘‘that Act’’, respectively, on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first sec- tion of which enacted Title 31, Money and Finance. PRIOR PROVISIONS A prior section 1602 of act July 1, 1944, ch. 373, title XVI, as added Jan. 4, 1975, Pub. L. 93–641, § 4, 88 Stat. 2258; amended Aug. 1, 1977, Pub. L. 95–83, title I, § 106(r), (s), 91 Stat. 385, was classified to section 300o–1 of this title, prior to repeal by Pub. L. 96–79, title II, § 202(a), Oct. 4, 1979, 93 Stat. 632. AMENDMENTS 1986—Subsec. (c)(5). Pub. L. 99–514 substituted ‘‘Inter- nal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’, which for purposes of codification was trans- lated as ‘‘title 26’’ thus requiring no change in text. 1983—Subsec. (f)(2). Pub. L. 97–414 inserted ‘‘selling real property pledged as security for such a loan or loan guarantee and’’ after ‘‘including’’. 1979—Subsec. (b)(2)(D). Pub. L. 96–79, § 201(b)(2), sub- stituted ‘‘minus any interest subsidy made in accord- ance with section 300q(a)(2)(B) of this title (with re- spect to a loan made for a project located in an urban or rural poverty area’’ for ‘‘minus 3 per centum per annum’’. Subsec. (d)(1). Pub. L. 96–79, § 203(a)(3), (g)(2), sub- stituted in subpar. (C) reference to section ‘‘300q(a)(2)(B)’’ for ‘‘300q(b)(2)’’ of this title, and added subpar. (F). Subsec. (d)(2). Pub. L. 96–79, § 203(a)(3), (g)(3), sub- stituted in subpar. (A) reference to section ‘‘300q(a)(2)(B)’’ for ‘‘300q(b)(2)’’ of this title, and added subpar. (F). Subsec. (e)(2). Pub. L. 96–79, § 201(b)(3), authorized ap- propriations for fiscal years ending Sept. 30, 1979 through 1982. Subsec. (f). Pub. L. 96–79, § 203(g)(1), added subsec. (f). 1977—Subsec. (c)(5). Pub. L. 95–83, § 106(y), added sub- sec. (c)(5). Subsec. (e)(2). Pub. L. 95–83, § 106(x)(2), substituted provisions authorizing appropriations for fiscal years ending Sept. 30, 1977 and 1978, for prior such authoriza- tion for fiscal year ending June 30, 1977. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96–79 effective Oct. 1, 1979, ex- cept that amendment of subsec. (b)(2)(D) respecting in- terest subsidy payments for loans or loan guarantees applicable only with respect to loans and loan guaran- tees made after Oct. 1, 1979, and that subsidies for such commitments made before Oct. 1, 1979, payable as au- thorized before Oct. 1, 1979, see section 204 of Pub. L. 96–79, set out as a note under section 300q of this title. PART B—PROJECT GRANTS Editorial Notes CODIFICATION Pub. L. 96–79, title II, §§ 201(a), 202(a), Oct. 4, 1979, 93 Stat. 630, 632, repealed part B relating to allotments, and comprising former sections 300p to 300p–3 of this title, and redesignated former part D as part B relating to project grants. § 300r. Grants for construction or modernization projects (a) Authority; objectives; eligible grantees; max- imum amounts; authorization of appropria- tions; availability of unobligated funds (1)(A) The Secretary may make grants for con- struction or modernization projects designed to— (i) eliminate or prevent in medical facilities imminent safety hazards as defined by Fed- eral, State, or local fire, building, or life safe- ty codes or regulations, or (ii) avoid noncompliance by medical facili- ties with State or voluntary licensure or ac- creditation standards. (B) A grant under subparagraph (A) may only be made to— (i) a State or political subdivision of a State, including any city, town, county, borough, hospital district authority, or public or quasi- public corporation, for any medical facility owned or operated by the State or political subdivision; and (ii) a nonprofit private entity for any med- ical facility owned or operated by the entity but only if the Secretary determines— (I) the level of community service provided by the facility and the proportion of its pa- tients who are unable to pay for services rendered in the facility is similar to such level and proportion in a medical facility of a State or political subdivision, and (II) that without a grant under subpara- graph (A) there would be a disruption of the provision of health care to low-income indi- viduals. (2) The amount of any grant under paragraph (1) may not exceed 75 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) $40,000,000 for the fis- cal year ending September 30, 1980, $50,000,000 for the fiscal year ending September 30, 1981, and $50,000,000 for the fiscal year ending September 30, 1982. Funds available for obligation under this subsection (as in effect before October 4, 1979) in the fiscal year ending September 30, 1979, shall remain available for obligation under this subsection in the succeeding fiscal year. (b) Projects for medically underserved popu- lations; eligible grantees; maximum amounts; authorization of appropriations (1) The Secretary may make grants to public and nonprofit private entities for projects for (A) construction or modernization of outpatient medical facilities which are located apart from hospitals and which will provide services for medically underserved populations, and (B) con- version of existing facilities into outpatient medical facilities or facilities for long-term care to provide services for such populations. 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.