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42 U.S.C. § 254e — Health professional shortage areas

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42 U.S.C. § 254e — Health professional shortage areas

Page 389 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 254e Executive Documents 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. § 254e. Health professional shortage areas (a) Designation by Secretary; removal from areas designated; ‘‘medical facility’’ defined (1) For purposes of this subpart the term ‘‘health professional shortage area’’ means (A) an area in an urban or rural area (which need not conform to the geographic boundaries of a political subdivision and which is a rational area for the delivery of health services) which the Secretary determines has a health man- power shortage and which is not reasonably ac- cessible to an adequately served area, (B) a pop- ulation group which the Secretary determines has such a shortage, or (C) a public or nonprofit private medical facility or other public facility which the Secretary determines has such a shortage. All Federally qualified health centers and rural health clinics, as defined in section 1861(aa) of the Social Security Act (42 U.S.C. 1395x(aa)), that meet the requirements of section 254g of this title shall be automatically des- ignated as having such a shortage. The Sec- retary shall not remove an area from the areas determined to be health professional shortage areas under subparagraph (A) of the preceding sentence until the Secretary has afforded inter- ested persons and groups in such area an oppor- tunity to provide data and information in sup- port of the designation as a health professional shortage area or a population group described in subparagraph (B) of such sentence or a facility described in subparagraph (C) of such sen

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Page 389 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 254e Executive Documents 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. § 254e. Health professional shortage areas (a) Designation by Secretary; removal from areas designated; ‘‘medical facility’’ defined (1) For purposes of this subpart the term ‘‘health professional shortage area’’ means (A) an area in an urban or rural area (which need not conform to the geographic boundaries of a political subdivision and which is a rational area for the delivery of health services) which the Secretary determines has a health man- power shortage and which is not reasonably ac- cessible to an adequately served area, (B) a pop- ulation group which the Secretary determines has such a shortage, or (C) a public or nonprofit private medical facility or other public facility which the Secretary determines has such a shortage. All Federally qualified health centers and rural health clinics, as defined in section 1861(aa) of the Social Security Act (42 U.S.C. 1395x(aa)), that meet the requirements of section 254g of this title shall be automatically des- ignated as having such a shortage. The Sec- retary shall not remove an area from the areas determined to be health professional shortage areas under subparagraph (A) of the preceding sentence until the Secretary has afforded inter- ested persons and groups in such area an oppor- tunity to provide data and information in sup- port of the designation as a health professional shortage area or a population group described in subparagraph (B) of such sentence or a facility described in subparagraph (C) of such sentence, and has made a determination on the basis of the data and information submitted by such per- sons and groups and other data and information available to the Secretary. (2) For purposes of this subsection, the term ‘‘medical facility’’ means a facility for the deliv- ery of health services and includes— (A) a hospital, State mental hospital, public health center, outpatient medical facility, re- habilitation facility, facility for long-term care, community mental health center, mi- grant health center, facility operated by a city or county health department, and community health center; (B) such a facility of a State correctional in- stitution or of the Indian Health Service, and a health program or facility operated by a tribe or tribal organization under the Indian Self-Determination Act [25 U.S.C. 5321 et seq.]; (C) such a facility used in connection with the delivery of health services under section 248 of this title (relating to hospitals), 249 of this title (relating to care and treatment of persons under quarantine and others), 250 of this title (relating to care and treatment of Federal prisoners), 251 of this title (relating to examination and treatment of certain Federal employees), 252 of this title (relating to exam- ination of aliens), 253 of this title (relating to services to certain Federal employees), 247e of this title (relating to services for persons with Hansen’s disease), or 254b(h) of this title (re- lating to the provision of health services to homeless individuals); and (D) a Federal medical facility. (3) Homeless individuals (as defined in section 254b(h)(5) of this title), seasonal agricultural workers (as defined in section 254b(g)(3) of this title) and migratory agricultural workers (as so defined)), and residents of public housing (as de- fined in section 1437a(b)(1) of this title) may be population groups under paragraph (1). (b) Criteria for designation of health profes- sional shortage areas; promulgation of regu- lations The Secretary shall establish by regulation criteria for the designation of areas, population groups, medical facilities, and other public fa- cilities, in the States, as health professional shortage areas. In establishing such criteria, the Secretary shall take into consideration the fol- lowing: (1) The ratio of available health manpower to the number of individuals in an area or pop- ulation group, or served by a medical facility or other public facility under consideration for designation. (2) Indicators of a need, notwithstanding the supply of health manpower, for health services for the individuals in an area or population group or served by a medical facility or other public facility under consideration for des- ignation. (3) The percentage of physicians serving an area, population group, medical facility, or other public facility under consideration for designation who are employed by hospitals and who are graduates of foreign medical schools. (c) Considerations in determination of designa- tion In determining whether to make a designa- tion, the Secretary shall take into consideration the following: (1) The recommendations of the Governor of each State in which the area, population group, medical facility, or other public facil- ity under consideration for designation is in whole or part located. (2) The extent to which individuals who are (A) residents of the area, members of the popu- lation group, or patients in the medical facil- ity or other public facility under consider- ation for designation, and (B) entitled to have payment made for medical services under title XVIII, XIX, or XXI of the Social Security Act [42 U.S.C. 1395 et seq., 1396 et seq., 1397aa et seq.], cannot obtain such services because of suspension of physicians from the programs under such titles. (d) Designation; publication of descriptive lists (1) In accordance with the criteria established under subsection (b) and the considerations list- ed in subsection (c), the Secretary shall des- ignate health professional shortage areas in the States, publish a descriptive list of the areas, population groups, medical facilities, and other public facilities so designated, and at least an- nually review and, as necessary, revise such des- ignations. Page 390 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 254e (2) For purposes of paragraph (1), a complete descriptive list shall be published in the Federal Register not later than July 1 of 1991 and each subsequent year. (e) Notice of proposed designation of areas and facilities; time for comment (1) Prior to the designation of a public facility, including a Federal medical facility, as a health professional shortage area, the Secretary shall give written notice of such proposed designation to the chief administrative officer of such facil- ity and request comments within 30 days with respect to such designation. (2) Prior to the designation of a health profes- sional shortage area under this section, the Sec- retary shall, to the extent practicable, give written notice of the proposed designation of such area to appropriate public or private non- profit entities which are located or have a dem- onstrated interest in such area and request com- ments from such entities with respect to the proposed designation of such area. (f) Notice of designation The Secretary shall give written notice of the designation of a health professional shortage area, not later than 60 days from the date of such designation, to— (1) the Governor of each State in which the area, population group, medical facility, or other public facility so designated is in whole or part located; and (2) appropriate public or nonprofit private entities which are located or which have a demonstrated interest in the area so des- ignated. (g) Recommendations to Secretary Any person may recommend to the Secretary the designation of an area, population group, medical facility, or other public facility as a health professional shortage area. (h) Public information programs in designated areas The Secretary may conduct such information programs in areas, among population groups, and in medical facilities and other public facili- ties designated under this section as health pro- fessional shortage areas as may be necessary to inform public and nonprofit private entities which are located or have a demonstrated inter- est in such areas of the assistance available under this subchapter by virtue of the designa- tion of such areas. (i) Dissemination The Administrator of the Health Resources and Services Administration shall disseminate information concerning the designation criteria described in subsection (b) to— (1) the Governor of each State; (2) the representative of any area, popu- lation group, or facility selected by any such Governor to receive such information; (3) the representative of any area, popu- lation group, or facility that requests such in- formation; and (4) the representative of any area, popu- lation group, or facility determined by the Ad- ministrator to be likely to meet the criteria described in subsection (b). (j) Regulations and report (1) The Secretary shall submit the report de- scribed in paragraph (2) if the Secretary, acting through the Administrator of the Health Re- sources and Services Administration, issues— (A) a regulation that revises the definition of a health professional shortage area for pur- poses of this section; or (B) a regulation that revises the standards concerning priority of such an area under sec- tion 254f–1 of this title. (2) On issuing a regulation described in para- graph (1), the Secretary shall prepare and sub- mit to the Committee on Energy and Commerce of the House of Representatives and the Com- mittee on Health, Education, Labor, and Pen- sions of the Senate a report that describes the regulation. (3) Each regulation described in paragraph (1) shall take effect 180 days after the committees described in paragraph (2) receive a report re- ferred to in such paragraph describing the regu- lation. (k) Maternity care health professional target areas (1) The Secretary, acting through the Admin- istrator of the Health Resources and Services Administration, shall identify, based on the data collected under paragraph (3), maternity care health professional target areas that sat- isfy the criteria described in paragraph (2) for purposes of, in connection with receipt of assist- ance under this subchapter, assigning to such identified areas maternity care health profes- sionals who, without application of this sub- section, would otherwise be eligible for such as- sistance. The Secretary shall distribute mater- nity care health professionals within health pro- fessional shortage areas using the maternity care health professional target areas so identi- fied. (2) For purposes of paragraph (1), the Sec- retary shall establish criteria for maternity care health professional target areas that identify geographic areas within health professional shortage areas that have a shortage of mater- nity care health professionals. (3) For purposes of this subsection, the Sec- retary shall collect and publish in the Federal Register data comparing the availability and need of maternity care health services in health professional shortage areas and in areas within such health professional shortage areas. (4) In carrying out paragraph (1), the Sec- retary shall seek input from relevant provider organizations, including medical societies, orga- nizations representing medical facilities, and other organizations with expertise in maternity care. (5) For purposes of this subsection, the term ‘full scope maternity care health services’ in- cludes during labor care, birthing, prenatal care, and postpartum care. (6) Nothing in this subsection shall be con- strued as— (A) requiring the identification of a mater- nity care health professional target area in an area not otherwise already designated as a health professional shortage area; or (B) affecting the types of health profes- sionals, without application of this subsection, Page 391 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 254e otherwise eligible for assistance, including a loan repayment or scholarship, pursuant to the application of this section. (July 1, 1944, ch. 373, title III, § 332, as added Pub. L. 94–484, title IV, § 407(b)(3), Oct. 12, 1976, 90 Stat. 2270; amended Pub. L. 95–142, § 7(d), Oct. 25, 1977, 91 Stat. 1193; Pub. L. 96–32, § 7(d), July 10, 1979, 93 Stat. 84; Pub. L. 97–35, title IX, § 986(b)(4), title XXVII, § 2702(a), (b), (c), Aug. 13, 1981, 95 Stat. 603, 903, 904; Pub. L. 100–77, title VI, § 602, July 22, 1987, 101 Stat. 515; Pub. L. 100–177, title III, § 302, Dec. 1, 1987, 101 Stat. 1003; Pub. L. 100–607, title VIII, § 802(b)(2), Nov. 4, 1988, 102 Stat. 3169; Pub. L. 100–628, title VI, § 602(b)(2), Nov. 7, 1988, 102 Stat. 3242; Pub. L. 101–597, title I, § 102, title IV, § 401(b)[(a)], Nov. 16, 1990, 104 Stat. 3014, 3035; Pub. L. 107–251, title III, § 302(a), (d)(2), title VI, § 601(a), Oct. 26, 2002, 116 Stat. 1643, 1645, 1664; Pub. L. 108–163, § 2(f)(1), Dec. 6, 2003, 117 Stat. 2021; Pub. L. 110–355, § 3(b), Oct. 8, 2008, 122 Stat. 3993; Pub. L. 115–320, § 2, Dec. 17, 2018, 132 Stat. 4437.) Editorial Notes REFERENCES IN TEXT The Indian Self-Determination Act, referred to in subsec. (a)(2)(B), is title I of Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2206, which is classified principally to sub- chapter I (§ 5321 et seq.) of chapter 46 of Title 25, Indi- ans. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of Title 25 and Tables. The Social Security Act, referred to in subsec. (c)(2), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Titles XVIII, XIX, and XXI of the Act are classified generally to sub- chapters 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 332 of act July 1, 1944, was renumbered section 340, and was classified to section 256 of this title prior to repeal by Pub. L. 95–626. AMENDMENTS 2018—Subsec. (k). Pub. L. 115–320 added subsec. (k). 2008—Subsec. (a)(1). Pub. L. 110–355 struck out ‘‘Not earlier than 6 years after such date of designation, and every 6 years thereafter, each such center or clinic shall demonstrate that the center or clinic meets the applicable requirements of the Federal regulations re- garding the definition of a health professional shortage area for purposes of this section.’’ before ‘‘The Sec- retary shall not’’. 2003—Subsec. (a)(1). Pub. L. 108–163, § 2(f)(1)(A), sub- stituted ‘‘such date of designation’’ for ‘‘such date of enactment’’ and ‘‘regarding’’ for ‘‘, issued after the date of enactment of this Act, that revise’’. Subsec. (a)(3). Pub. L. 108–163, § 2(f)(1)(B), substituted ‘‘254b(h)(5)’’ for ‘‘254b(h)(4)’’. Subsec. (b)(2). Pub. L. 108–163, § 2(f)(1)(C), struck out comma before period at end. Subsec. (j). Pub. L. 108–163, § 2(f)(1)(D), added subsec. (j). 2002—Subsec. (a)(1). Pub. L. 107–251, § 302(a)(1)(A), in- serted after first sentence ‘‘All Federally qualified health centers and rural health clinics, as defined in section 1861(aa) of the Social Security Act (42 U.S.C. 1395x(aa)), that meet the requirements of section 254g of this title shall be automatically designated as hav- ing such a shortage. Not earlier than 6 years after such date of enactment, and every 6 years thereafter, each such center or clinic shall demonstrate that the center or clinic meets the applicable requirements of the Fed- eral regulations, issued after the date of enactment of this Act, that revise the definition of a health profes- sional shortage area for purposes of this section.’’ Subsec. (a)(2)(C). Pub. L. 107–251, § 601(a), substituted ‘‘254b(h)’’ for ‘‘256’’. Subsec. (a)(3). Pub. L. 107–251, § 302(a)(1)(B), sub- stituted ‘‘254b(h)(4) of this title), seasonal agricultural workers (as defined in section 254b(g)(3) of this title) and migratory agricultural workers (as so defined)), and residents of public housing (as defined in section 1437a(b)(1) of this title) may be population groups’’ for ‘‘256(r) of this title) may be a population group’’. Subsec. (b)(2). Pub. L. 107–251, § 302(a)(2), struck out after ‘‘designation,’’ the following: ‘‘with special con- sideration to indicators of— ‘‘(A) infant mortality, ‘‘(B) access to health services, ‘‘(C) health status, and ‘‘(D) ability to pay for health services’’. Subsec. (c)(2)(B). Pub. L. 107–251, § 302(a)(3), sub- stituted ‘‘XVIII, XIX, or XXI of the Social Security Act’’ for ‘‘XVIII or XIX of the Social Security Act’’. Subsec. (i). Pub. L. 107–251, § 302(d)(2), added subsec. (i). 1990—Subsec. (a)(1). Pub. L. 101–597, § 401(b)[(a)], sub- stituted reference to health professional shortage area for reference to health manpower shortage area wher- ever appearing. Subsec. (a)(2)(A). Pub. L. 101–597, § 102(b)(1), inserted ‘‘facility operated by a city or county health depart- ment,’’ before ‘‘and community health center’’. Subsec. (a)(2)(B). Pub. L. 101–597, § 102(b)(2), inserted before semicolon ‘‘, and a health program or facility operated by a tribe or tribal organization under the In- dian Self-Determination Act’’. Subsec. (a)(2)(C). Pub. L. 101–597, § 102(b)(3), sub- stituted ‘‘section’’ for ‘‘sections’’ before ‘‘248’’, struck out ‘‘or’’ before ‘‘253’’ and ‘‘or section’’ before ‘‘247e’’, and inserted before semicolon ‘‘, or 256 of this title (re- lating to the provision of health services to homeless individuals)’’. Subsec. (b). Pub. L. 101–597, § 401(b)[(a)], substituted reference to health professional shortage area for ref- erence to health manpower shortage area. Pub. L. 101–597, § 102(c)(1), struck out ‘‘, promulgated not later than May 1, 1977,’’ after ‘‘establish by regula- tion’’. Subsec. (c). Pub. L. 101–597, § 102(c)(2), redesignated pars. (2) and (3) as (1) and (2), respectively, and struck out former par. (1) which read as follows: ‘‘(A) The recommendations of each health systems agency (designated under section 300l–4 of this title) for a health service area which includes all or any part of the area, population group, medical facility, or other public facility under consideration for designation. ‘‘(B) The recommendations of the State health plan- ning and development agency (designated under section 300m of this title) if such area, population group, med- ical facility, or other public facility is within a health service area for which no health systems agency has been designated.’’ Subsec. (d). Pub. L. 101–597, § 401(b)[(a)], substituted reference to health professional shortage area for ref- erence to health manpower shortage area in par. (1). Pub. L. 101–597, § 102(a), (c)(3), designated existing pro- vision as par. (1), struck out ‘‘, not later than Novem- ber 1, 1977,’’ after ‘‘Secretary shall designate’’, and added par. (2). Subsec. (e). Pub. L. 101–597, § 401(b)[(a)], substituted reference to health professional shortage area for ref- erence to health manpower shortage area wherever ap- pearing. Subsec. (f). Pub. L. 101–597, § 401(b)[(a)], substituted reference to health professional shortage area for ref- erence to health manpower shortage area. Pub. L. 101–597, § 102(c)(4), redesignated par. (3) as (2) and struck out former par. (2) which read as follows: ‘‘(A) each health systems agency (designated under section 300l–4 of this title) for a health service area which includes all or any part of the area, population Page 392 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 254f group, medical facility, or other public facility so des- ignated; or ‘‘(B) the State health planning and development agency of the State (designated under section 300m of this title) if there is a part of such area, population group, medical facility, or other public facility within a health service area for which no health systems agen- cy has been designated; and’’. Subsecs. (g), (h). Pub. L. 101–597, § 401(b)[(a)], sub- stituted reference to health professional shortage area for reference to health manpower shortage area. 1988—Subsec. (a)(3). Pub. L. 100–607 and Pub. L. 100–628 made identical amendments, substituting ‘‘section 256(r)’’ for ‘‘section 256(q)(2)’’. 1987—Subsec. (a)(1). Pub. L. 100–177, § 302(1), inserted sentence at end relating to removal of an area from areas determined to be health manpower shortage areas. Subsec. (a)(3). Pub. L. 100–77 added par. (3). Subsec. (b)(2)(D). Pub. L. 100–177, § 302(2), added sub- par. (D). 1981—Subsec. (a)(1)(A). Pub. L. 97–35, § 2702(a), in- serted provisions respecting reasonable accessibility to adequately served area. Subsec. (a)(2)(C). Pub. L. 97–35, § 986(b)(4), substituted ‘‘persons under quarantine’’ for ‘‘seamen’’. Subsec. (e). Pub. L. 97–35, § 2702(c), designated existing provisions as par. (1) and added par. (2). Subsec. (h). Pub. L. 97–35, § 2702(b), substituted ‘‘may’’ for ‘‘shall’’. 1979—Subsec. (a)(2)(C). Pub. L. 96–32 substituted ‘‘sec- tion 247e of this title’’ for ‘‘part D of subchapter II of this chapter’’. 1977—Subsec. (c)(3). Pub. L. 95–142 added par. (3). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2003 AMENDMENT Amendments 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. EFFECTIVE DATE OF 1988 AMENDMENTS Pub. L. 100–628, title VI, § 631, Nov. 7, 1988, 102 Stat. 3244, provided that: ‘‘The amendments made by sub- section (a) of section 601 [amending section 256 of this title] shall take effect in accordance with subsection (b) of such section [formerly set out as a note under section 256 of this title]. The amendments otherwise made by this title [amending this section and sections 256, 290bb–2, 290cc–21, 290cc–28, 290cc–29, 290cc–35, 290cc–36, 290dd, 290ee, and 290ee–1 of this title and amending provisions set out as a note under section 290aa–3 of this title] shall take effect October 1, 1988, or upon the date of the enactment of this Act [Nov. 7, 1988], whichever occurs later.’’ Pub. L. 100–607, title VIII, § 831, Nov. 4, 1988, 102 Stat. 3171, provided that: ‘‘The amendments made by sub- section (a) of section 801 [amending section 256 of this title] shall take effect in accordance with subsection (b) of such section [formerly set out as a note under section 256 of this title]. The amendments otherwise made by this title [amending this section and sections 256, 290bb–2, 290cc–21, 290cc–28, 290cc–29, 290cc–35, 290cc–36, 290dd, 290ee, and 290ee–1 of this title and amending provisions set out as a note under section 290aa–3 of this title] shall take effect October 1, 1988, or upon the date of the enactment of this Act [Nov. 4, 1988], whichever occurs later.’’ EFFECTIVE DATE OF 1981 AMENDMENT Amendment by section 986(b)(4) of Pub. L. 97–35 effec- tive Oct. 1, 1981, see section 986(c) of Pub. L. 97–35, set out as a note under section 249 of this title. EFFECTIVE DATE OF 1977 AMENDMENT Pub. L. 95–142, § 7(e)(1), Oct. 25, 1977, 91 Stat. 1194, pro- vided that: ‘‘The amendment made by subsection (d) [amending this section] shall apply with respect to de- terminations and designations made on and after the date of the enactment of this Act [Oct. 25, 1977].’’ REGULATIONS Pub. L. 107–251, title III, § 302(b), Oct. 26, 2002, 116 Stat. 1644, which required the Secretary to submit a report to Congress, if the Secretary issued regulations revis- ing the definition of a health professional shortage area under this section and standards concerning priority of such an area under section 254f–1 of this title, was re- pealed by Pub. L. 108–163, § 2(f)(2), Dec. 6, 2003, 117 Stat. 2022. IMPROVEMENT OF SITE DESIGNATION PROCESS Pub. L. 107–251, title III, § 302(d)(1), Oct. 26, 2002, 116 Stat. 1644, provided that: ‘‘The Administrator of the Health Resources and Services Administration, in con- sultation with the Association of State and Territorial Dental Directors, dental societies, and other interested parties, shall revise the criteria on which the designa- tions of dental health professional shortage areas are based so that such criteria provide a more accurate re- flection of oral health care need, particularly in rural areas.’’ GAO STUDY Pub. L. 107–251, title III, § 302(e), Oct. 26, 2002, 116 Stat. 1645, required the Comptroller General, no later than Feb. 1, 2005, to submit to Congress a report on the ap- propriateness of certain criteria established by the Sec- retary of Health and Human Services for the designa- tion of health professional shortage areas and whether federally qualified health centers and rural health clin- ics should be deemed as such areas. REFERENCE TO COMMUNITY, MIGRANT, PUBLIC HOUSING, OR HOMELESS HEALTH CENTER CONSIDERED REF- ERENCE TO HEALTH CENTER Reference to community health center, migrant health center, public housing health center, or home- less health center, considered reference to health cen- ter, see section 4(c) of Pub. L. 104–299, set out as a note under section 254b of this title. EVALUATION OF CRITERIA USED TO DESIGNATE HEALTH MANPOWER SHORTAGE AREAS; REPORT TO CONGRESS Pub. L. 97–35, title XXVII, § 2702(c), Aug. 13, 1981, 95 Stat. 903, directed the Secretary of Health and Human Services, effective Oct. 1, 1981, to evaluate the criteria used under section 254e(b) of this title to determine if the use of the criteria resulted in areas which did not have a shortage of health professions personnel being designated as health manpower shortage areas, and to consider different criteria (including the actual use of health professions personnel in an area by the resi- dents, taking into account their health status and indi- cators of unmet demand and likelihood that such de- mand would not be met in two years) which might be used to designate health manpower shortage areas. The Secretary was to report the results of his activities to Congress not later than Nov. 30, 1982. § 254f. Corps personnel (a) Conditions necessary for assignment of Corps personnel to area; contents of application for assignment; assignment to particular facility; approval of applications (1) The Secretary may assign members of the Corps to provide, under regulations promulgated by the Secretary, health services in or to a health professional shortage area during the as- signment period only if— (A) a public or private entity, which is lo- cated or has a demonstrated interest in such area makes application to the Secretary for such assignment;

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 5321 — Congressional statement of findings

**(a) Findings respecting historical and special legal relationship, and resultant responsibilities** The Congress, after careful review of the Federal Government’s historical and special legal relationship with, and resulting responsibilities to, American Indian people, finds that— (1) the prolonged Federal domination of Indian service programs has served to retard rather than enhance the progress of Indian people and their communities by depriving Indians of the full opportunity to develop leadership skills crucial to the realization of self-government, and has denied to the Indian people an effective voice in the planning and implementation of programs for the benefit of Indians which are responsive to the true needs of Indian communities; and (2) the Indian people will never surrender their desire to control their relationships both among themselves and with non-Indian governments, organizations, and persons. **(b) Further findings** The Congress further finds that— (1) true self-determination in any society of people is dependent upon an educational process which will insure the development of qualified people to fulfill meaningful leadership roles; (2) the Federal responsibility for and assistance to education of Indian children has not effected the desired level of educational achievement or created the diverse opportunities and personal satisfaction which education can and should provide; and (3) parental and community control of the educational process is of crucial importance to the Indian people.

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5321

Stored review status: release_metadata_unconfirmed. The source passage cites 25 U.S.C. § 5321. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 5321 — Self-determination contracts

Page 724 TITLE 25—INDIANS § 5310 1 See References in Text note below. plete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables. Public Law 103–413, referred to in text, is Pub. L. 103–413, Oct. 25, 1994, 108 Stat. 4250, known as the Indian Self-Determination Act Amendments of 1994, which is classified principally to subchapter IV (§ 5361 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title of 1994 Amendment note set out under section 5301 of this title and Tables. Public Law 100–297, referred to in text, is Pub. L. 100–297, Apr. 28, 1988, 102 Stat. 130, known as the Augus- tus F. Hawkins-Robert T. Stafford Elementary and Sec- ondary School Improvement Amendments of 1988. For complete classification of this Act to the Code, see Short Title of 1988 Amendments note set out under sec- tion 6301 of Title 20, Education, and Tables. CODIFICATION Section was enacted as part of the Department of the Interior and Related Agencies Appropriations Act, 1998, and not as part of the Indian Self-Determination and Education Assistance Act which comprises this chap- ter. Section was formerly classified to section 450e–2 of this title prior to editorial reclassification and renum- bering as this section. PRIOR PROVISIONS Provisions similar to those in this section were con- tained in the following prior appropriation acts: Pub. L. 104–208, div. A, title I, § 101(d) [title III, § 310], Sept. 30, 1996, 110 Stat. 3009–181, 3009–221. Pub. L. 104–134, title I, § 101(c) [title III, § 310], Apr. 26, 1996, 110 Stat. 1321–156, 1321–197; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327. § 5310. Investment of advance payments; restric- tions Ad

Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 5321

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1395 — Conditions of participation for home health agencies; home health quality

**(a) Conditions of participation; protection of individual rights; notification of State entities; use of home health aides; medical equipment; individual’s plan of care; compliance with Federal, State, and local laws and regulations** The conditions of participation that a home health agency is required to meet under this subsection are as follows: (1) The agency protects and promotes the rights of each individual under its care, including each of the following rights: (A) The right to be fully informed in advance about the care and treatment to be provided by the agency, to be fully informed in advance of any changes in the care or treatment to be provided by the agency that may affect the individual’s well-being, and (except with respect to an individual adjudged incompetent) to participate in planning care and treatment or changes in care or treatment. (B) The right to voice grievances with respect to treatment or care that is (or fails to be) furnished without discrimination or reprisal for voicing grievances. (C) The right to confidentiality of the clinical records described in section 1395x(o)(3) of this title. (D) The right to have one’s property treated with respect. (E) The right to be fully informed orally and in writing (in advance of coming under the care of the agency) of— (i) all items and services furnished by (or under arrangements with) the agency for which payment may be made under this subchapter, (ii) the coverage available for such items and services under this subchapter, subchapter XIX, and any other Federal program of which the agency is reasonably aware, (iii) any charges for items and services not covered under this subchapter and any charges the individual may have to pay with respect to items and services furn

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1395 — Prohibition against any Federal inter-

Page 2893 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1395a (i) shared savings and competitive bidding in FFS Medicare; (ii) use of MA-negotiated rates to set FFS Medicare rates; and (iii) novel approaches to information development and sharing that may enable markets to lower cost and improve quality for FFS Medicare beneficiaries. SEC. 10. Reducing Obstacles to Improved Patient Care. Within 1 year of the date of this order, the Secretary shall propose regulatory changes to the Medicare pro- gram to reduce the burden on providers and eliminate regulations that create inefficiencies or otherwise un- dermine patient outcomes. SEC. 11. Maximizing Freedom for Medicare Patients and Providers. (a) Within 180 days of the date of this order, the Secretary, in coordination with the Commissioner of Social Security, shall revise current rules or policies to preserve the Social Security retirement insurance benefits of seniors who choose not to receive benefits under Medicare Part A, and propose other administra- tive improvements to Medicare enrollment processes for beneficiaries. (b) Within 1 year of the date of this order, the Sec- retary shall identify and remove unnecessary barriers to private contracts that allow Medicare beneficiaries to obtain the care of their choice and facilitate the de- velopment of market-driven prices. SEC. 12. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 1395

Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 1395. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1395x — Manufacturer discount program

**(a) Establishment** The Secretary shall establish a manufacturer discount program (in this section referred to as the “program”). Under the program, the Secretary shall enter into agreements described in subsection (b) with manufacturers and provide for the performance of the duties described in subsection (c). **(b) Terms of agreement** (1) **In general** (A) *Agreement* — An agreement under this section shall require the manufacturer to provide, in accordance with this section, discounted prices for applicable drugs of the manufacturer that are dispensed to applicable beneficiaries on or after January 1, 2025. (B) *Clarification* — Nothing in this section shall be construed as affecting— (i) the application of a coinsurance of 25 percent of the negotiated price, as applied under paragraph (2)(A) of [section 1395w–102(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395w–102/b&num=0&edition=prelim), for costs described in such paragraph; or (ii) the application of the copayment amount described in paragraph (4)(A) of such section, with respect to costs described in such paragraph. (C) *Timing of agreement* (i) *Special rule for 2025* — In order for an agreement with a manufacturer to be in effect under this section with respect to the period beginning on January 1, 2025, and ending on December 31, 2025, the manufacturer shall enter into such agreement not later than March 1, 2024. (ii) *2026 and subsequent years* — In order for an agreement with a manufacturer to be in effect under this section with respect to plan year 2026 or a subsequent plan year, the manufacturer shall enter into such agreement not later than a calendar quarter or semi-annual deadline established by the Secretary. (2)

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1395x

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1395x — Definitions

Page 3523 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1395x Revenue Code of 1986 with respect to the man- ufacturer. (d) Definition of manufacturer In this section, the term ‘‘manufacturer’’ has the meaning given such term in section 1395w–114a(g)(5) of this title. (Aug. 14, 1935, ch. 531, title XVIII, § 1860D–43, as added Pub. L. 111–148, title III, § 3301(a), Mar. 23, 2010, 124 Stat. 461; amended Pub. L. 111–152, title I, § 1101(b)(1), Mar. 30, 2010, 124 Stat. 1037; Pub. L. 117–169, title I, §§ 11001(b)(1)(G)(i), 11201(e)(7), Aug. 16, 2022, 136 Stat. 1853, 1892.) Editorial Notes REFERENCES IN TEXT Section 5000D(c)(1) of the Internal Revenue Code of 1986, referred to in subsec. (c)(2), is classified to section 5000D(c)(1) of Title 26, Internal Revenue Code. AMENDMENTS 2022—Subsec. (a)(1). Pub. L. 117–169, § 11201(e)(7)(A)(i), added par. (1) and struck out former par. (1) which read as follows: ‘‘participate in the Medicare coverage gap discount program under section 1395w–114a of this title;’’. Subsec. (a)(2). Pub. L. 117–169, § 11201(e)(7)(A)(ii), added par. (2) and struck out former par. (2) which read as follows: ‘‘have entered into and have in effect an agreement described in subsection (b) of such section with the Secretary; and’’. Subsec. (a)(3). Pub. L. 117–169, § 11201(e)(7)(A)(iii), sub- stituted ‘‘section 1395w–114a of this title’’ for ‘‘such sec- tion’’. Subsec. (b). Pub. L. 117–169, § 11201(e)(7)(B), added sub- sec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: ‘‘Subsection (a) shall apply to covered part D drugs dispensed under this part on or after January 1, 2011.’’ Subsec. (c). Pub. L. 117–169, § 11001(b)(1)(G)(i), des- ignated existing provisions as par. (1) and inserted heading, sub

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 1395x

Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 1395x. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 254e — Health professional shortage areas

**(a) Designation by Secretary; removal from areas designated; “medical facility” defined** (1) For purposes of this subpart the term “health professional shortage area” means (A) an area in an urban or rural area (which need not conform to the geographic boundaries of a political subdivision and which is a rational area for the delivery of health services) which the Secretary determines has a health manpower shortage and which is not reasonably accessible to an adequately served area, (B) a population group which the Secretary determines has such a shortage, or (C) a public or nonprofit private medical facility or other public facility which the Secretary determines has such a shortage. All Federally qualified health centers and rural health clinics, as defined in section 1861(aa) of the Social Security Act ([42 U.S.C. 1395x(aa)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395x/aa&num=0&edition=prelim)), that meet the requirements of [section 254g of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section254g&num=0&edition=prelim) shall be automatically designated as having such a shortage. The Secretary shall not remove an area from the areas determined to be health professional shortage areas under subparagraph (A) of the preceding sentence until the Secretary has afforded interested persons and groups in such area an opportunity to provide data and information in support of the designation as a health professional shortage area or a population group described in subparagraph (B) of such sentence or a facility described in subparagraph (C) of such sentence, and has made a determination on the basis of the data and information submitted by such persons and groups and other data and information availabl

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 254e

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