42 U.S.C. § 291c — General regulations

Page 970 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 291c lowing a year in which allotted sums remaining unobli- gated at the end thereof during which such unobligated funds remain available. Subsec. (d)(2). Pub. L. 91–296, § 119(c), inserted ref- erences to Trust Territory of the Pacific Islands. Subsec. (e). Pub. L. 91–296, § 104, authorized any State to make transfers of any amount up to the minimum amount allotted to any state for a particular category and authorized all amounts above such minimums to be transferred from one category of assistance to another without restriction on the amounts with the exception that no funds could be transferred from rehabilitation facilities category or to new hospital construction cat- egory and that all transfers be justified on the basis that either there are no approvable applications in the category from which funds are transferred or, in case of transfers from new hospital construction category, the purposes of the program would be better served by the transfer, and authorized transfers to new hospital con- struction from modernization category if need is great- er. 1968—Subsec. (a)(1). Pub. L. 90–574, § 402(b)(1), inserted provision for two-thirds of the sums appropriated in the case of the fifth fiscal year thereafter. Subsec. (e)(2)(E). Pub. L. 90–574, § 402(b)(2), added sub- par. (E). Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Secretary of Health and Human Services’’ sub- stituted for ‘‘Secretary of Health, Education, and Wel- fare’’ in subsecs. (a)(2), (e), and (f) pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education. EFFECTIVE DATE OF 1970 AMENDMENT Pub. L. 91–296, title I, § 103(a), June 30, 1970, 84 Stat. 338, provided that the amendment made by that section is effective with respect to appropriations made pursu- ant to section 291a of this title for fiscal years begin- ning after June 30, 1970. Pub. L. 91–296, title I, § 103(b), June 30, 1970, 84 Stat. 338, provided that the amendment made by that section is effective with respect to allotments from appropria- tions made pursuant to section 291a of this title for fis- cal years beginning after June 30, 1970. Pub. L. 91–296, title I, § 104, June 30, 1970, 84 Stat. 338, provided that the amendment made by that section is effective with respect to allotments made pursuant to section 291a of this title for fiscal years beginning after June 30, 1970. Pub. L. 91–296, title I, § 119(e), June 30, 1970, 84 Stat. 343, provided that: ‘‘The amendments made by this sec- tion [amending this section and section 291o of this title] shall apply with respect to allotments (and grants therefrom) under part A of title VI of the Public Health Service Act [42 U.S.C. 291a et seq.] for fiscal years ending after June 30, 1970, and with respect to loan guarantees and loans under part B of such title [42 U.S.C. 291j–1 et seq.] made after June 30, 1970.’’ Pub. L. 91–296, title I, § 122, June 30, 1970, 84 Stat. 344, provided that the amendment made by that section is effective with respect to allotments made from appro- priations under section 291a of this title for fiscal years beginning after June 30, 1970. AVAILABILITY OF FUNDS FOR OBLIGATION FROM ALLOTMENT FOR ADMINISTRATION OF PLAN Pub. L. 93–641, § 5(b), Jan. 4, 1975, 88 Stat. 2274, pro- vided that any State having in the fiscal year ending June 30, 1975 or the next fiscal year funds available for obligation from its allotments under section 291a et seq. of this title, may in such fiscal year use for the proper and efficient administration during such year of its State plan an amount of such funds not exceeding 4 percentum of such funds or $100,000, whichever is less. ALLOTMENT STUDY; REPORT TO CONGRESS Pub. L. 91–296, title I, § 103(c), June 30, 1970, 84 Stat. 338, directed Secretary to study effects of the formula specified in subsec. (a)(1) of this section for allotment among the States for construction of health facilities, with results of such study together with recommenda- tions for change to be reported to Congress on May 15, 1972. APPROVAL OF APPLICATION FOR MODERNIZATION PRIOR TO JULY 1, 1965, OR BEFORE APPROVAL OF A STATE PLAN Pub. L. 88–443, § 3(b)(5), Aug. 18, 1964, 78 Stat. 462, pro- viding that no application for modernization of any fa- cility may be approved for purposes of receiving funds before the approval of a State plan, as well as other re- quirements, is set out as an Effective Date note under section 291 of this title. Executive Documents TRANSFER OF FUNCTIONS Office of Surgeon General abolished by section 3 of Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and functions thereof transferred to Sec- retary of Health, Education, and Welfare by section 1 of Reorg. Plan No. 3 of 1966, set out as a note under sec- tion 202 of this title. Office of Surgeon General reestab- 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. TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. § 291c. General regulations The Surgeon General, with the approval of the Federal Hospital Council and the Secretary of Health and Human Services shall by general reg- ulations prescribe— (a) Priority of projects; determination the general manner in which the State agen- cy 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 construc- tion of hospitals, to facilities serving areas with relatively small financial resources and, at the option of the State, rural com- munities; (2) in the case of projects for the construc- tion of rehabilitation facilities, to facilities operated in connection with a university teaching hospital which will provide an inte- grated program of medical, psychological, social, and vocational evaluation and serv- ices under competent supervision; (3) in the case of projects for moderniza- tion of facilities, to facilities serving dense- ly 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 pro- vide comprehensive health care, including outpatient and preventive care as well as hospitalization; Page 971 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 291d (6) to facilities which will provide training in health or allied health professions; and (7) to facilities which will provide to a sig- nificant extent, for the treatment of alco- holism; (b) Standards of construction and equipment general standards of construction and equip- ment for facilities of different classes and in different types of location, for which assist- ance is available under this part; (c) Criteria for determining needs for beds, hospitals and other facilities; plans for dis- tribution of beds and facilities criteria for determining needs for general hospital and long-term care beds, and needs for hospitals and other facilities for which aid under this part is available, and for developing plans for the distribution of such beds and fa- cilities; (d) Criteria for determining need for mod- ernization criteria for determining the extent to which existing facilities, for which aid under this part is available, are in need of modernization; and (e) State plan requirements; assurances nec- essary for approval of application that the State plan shall provide for ade- quate hospitals, and other facilities for which aid under this part is available, for all persons residing in the State, and adequate hospitals (and such other facilities) to furnish needed services for persons unable to pay therefor. Such regulations may also require that before approval of an application for a project is rec- ommended by a State agency to the Surgeon General for approval under this part, assur- ance shall be received by the State from the applicant that (1) the facility or portion there- of to be constructed or modernized will be made available to all persons residing in the territorial area of the applicant; and (2) there will be made available in the facility or por- tion thereof to be constructed or modernized a reasonable volume of services to persons un- able to pay therefor, but an exception shall be made if such a requirement is not feasible from a financial viewpoint. (July 1, 1944, ch. 373, title VI, § 603, as added Pub. L. 88–443, § 3(a), Aug. 18, 1964, 78 Stat. 451; amend- ed Pub. L. 88–581, § 3(b), Sept. 4, 1964, 78 Stat. 919; Pub. L. 91–296, title I, § 110, June 30, 1970, 84 Stat. 339; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.) Editorial Notes PRIOR PROVISIONS A prior section 291c, act July 1, 1944, ch. 373, title VI, § 613, as added Aug. 13, 1946, ch. 958, § 2, 60 Stat. 1041, re- lated to allotments to States, the determination of their amount, and the disposition of unexpended funds, prior to the general amendment of this subchapter by Pub. L. 88–443. See section 291(a), (b) and (d) of this title. Provisions similar to those comprising this section were contained in a prior section 291e, act July 1, 1944, ch. 373, title VI, § 622, as added Aug. 13, 1946, ch. 958, § 2, 60 Stat. 1041; amended 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631, prior to the gen- eral amendment of this subchapter by Pub. L. 88–443. AMENDMENTS 1970—Subsec. (a). Pub. L. 91–296 struck out from cl. (1) provisions requiring that States give special consider- ation for projects for hospitals serving rural areas but inserted provisions making such preference optional with each State and added cls. (4) to (7). 1964—Subsec. (a)(4). Pub. L. 88–581 struck out cl. (4) relating to hospital facilities which ‘‘will include new or expanded facilities for nurse training’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Secretary of Health and Human Services’’ sub- stituted in text for ‘‘Secretary of Health, Education, and Welfare’’ pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Edu- cation. EFFECTIVE DATE OF 1970 AMENDMENT Pub. L. 91–296, title I, § 110, June 30, 1970, 84 Stat. 339, provided that the amendment made by that section is effective with respect to applications approved under this subchapter after June 30, 1970. EFFECTIVE DATE OF 1964 AMENDMENT Pub. L. 88–581, § 3(b), Sept. 4, 1964, 78 Stat. 919, pro- vided that the amendments made by such section 3(b) [amending this section and sections 291o and 293c of this title] are effective with respect to applications for grants from appropriations for fiscal years beginning after June 30, 1965. Executive Documents TRANSFER OF FUNCTIONS Office of Surgeon General abolished by section 3 of Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and functions thereof transferred to Sec- retary of Health, Education, and Welfare by section 1 of Reorg. Plan No. 3 of 1966, set out as a note under sec- tion 202 of this title. Office of Surgeon General reestab- 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. § 291d. State plans (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 au- thority to carry out such plan in conformity with this part; (3) provide for the designation of a State ad- visory council which shall include (A) rep- resentatives of nongovernmental organiza- tions or groups, and of public agencies, con- cerned with the operation, construction, or utilization of hospital or other facilities for di- agnosis, prevention, or treatment of illness or disease, or for provision of rehabilitation serv- ices, and representatives particularly con- cerned with education or training of health professions personnel, and (B) an equal num-