42 U.S.C. § 296 — Definitions

Page 1085 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 296 SUBCHAPTER VI—NURSING WORKFORCE DEVELOPMENT Editorial Notes CODIFICATION Pub. L. 105–392, title I, § 123(1), Nov. 13, 1998, 112 Stat. 3562, added subchapter VI heading and struck out former subchapter VI heading ‘‘NURSE EDUCATION’’. Pub. L. 99–92, § 9(b)(3), Aug. 16, 1985, 99 Stat. 400, sub- stituted ‘‘NURSE EDUCATION’’ for ‘‘NURSE TRAIN- ING’’ in subchapter VI heading. PART A—GENERAL PROVISIONS Editorial Notes CODIFICATION Pub. L. 105–392, title I, § 123(4), Nov. 13, 1998, 112 Stat. 3563, added part A heading and struck out former part A heading ‘‘Special Projects’’. Pub. L. 99–92, § 9(b)(1), (2), Aug. 16, 1985, 99 Stat. 400, substituted ‘‘Special Projects’’ for ‘‘Assistance for Ex- pansion and Improvement of Nurse Training’’ as part A heading, and struck out headings for subparts I, II, III, and IV of part A which read as follows: ‘‘Subpart I— Construction Assistance’’, ‘‘Subpart II—Capitation Grants’’, ‘‘Subpart III—Financial Distress Grants’’, and ‘‘Subpart IV—Special Projects’’. § 296. Definitions As used in this subchapter: (1) Eligible entities The term ‘‘eligible entities’’ means schools of nursing, nursing centers, academic health centers, State or local governments, and other public or private nonprofit entities determined appropriate by the Secretary that submit to the Secretary an application in accordance with section 296a of this title. (2) School of nursing The term ‘‘school of nursing’’ means an ac- credited (as defined in paragraph 6) collegiate, associate degree, or diploma school of nursing in a State where graduates are— (A) authorized to sit for the National Council Licensure EXamination-Registered Nurse (NCLEX–RN); or (B) licensed registered nurses who will re- ceive a graduate or equivalent degree or training to become an advanced education nurse as defined by section 296j(b) of this title. (3) Collegiate school of nursing The term ‘‘collegiate school of nursing’’ means a department, division, or other admin- istrative unit in a college or university which provides primarily or exclusively a program of education in professional nursing and related subjects leading to the degree of bachelor of arts, bachelor of science, bachelor of nursing, or to an equivalent degree, or to a graduate degree in nursing, or to an equivalent degree, and including advanced training related to such program of education provided by such school, but only if such program, or such unit, college or university is accredited. (4) Associate degree school of nursing The term ‘‘associate degree school of nurs- ing’’ means a department, division, or other administrative unit in a junior college, com- munity college, college, or university which provides primarily or exclusively a two-year program of education in professional nursing and allied subjects leading to an associate de- gree in nursing or to an equivalent degree, but only if such program, or such unit, college, or university is accredited. (5) Diploma school of nursing The term ‘‘diploma school of nursing’’ means a school affiliated with a hospital or university, or an independent school, which provides primarily or exclusively a program of education in professional nursing and allied subjects leading to a diploma or to equivalent indicia that such program has been satisfac- torily completed, but only if such program, or such affiliated school or such hospital or uni- versity or such independent school is accred- ited. (6) Accredited (A) In general Except as provided in subparagraph (B), the term ‘‘accredited’’ when applied to any program of nurse education means a pro- gram accredited by a recognized body or bodies, or by a State agency, approved for such purpose by the Secretary of Education and when applied to a hospital, school, col- lege, or university (or a unit thereof) means a hospital, school, college, or university (or a unit thereof) which is accredited by a rec- ognized body or bodies, or by a State agency, approved for such purpose by the Secretary of Education. For the purpose of this para- graph, the Secretary of Education shall pub- lish a list of recognized accrediting bodies, and of State agencies, which the Secretary of Education determines to be reliable au- thority as to the quality of education of- fered. (B) New programs A new program of nursing that, by reason of an insufficient period of operation, is not, at the time of the submission of an applica- tion for a grant or contract under this sub- chapter, eligible for accreditation by such a recognized body or bodies or State agency, shall be deemed accredited for purposes of this subchapter if the Secretary of Edu- cation finds, after consultation with the ap- propriate accreditation body or bodies, that there is reasonable assurance that the pro- gram will meet the accreditation standards of such body or bodies prior to the beginning of the academic year following the normal graduation date of students of the first en- tering class in such a program. (7) Nonprofit The term ‘‘nonprofit’’ as applied to any school, agency, organization, or institution means one which is a corporation or associa- tion, or is owned and operated by one or more corporations or associations, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private share- holder or individual. Page 1086 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 296 (8) State The term ‘‘State’’ means a State, the Com- monwealth of Puerto Rico, the District of Co- lumbia, the Commonwealth of the Northern Mariana Islands, Guam, American Samoa, the Virgin Islands, or the Trust Territory of the Pacific Islands. (9) Ambulatory surgical center The term ‘‘ambulatory surgical center’’ has the meaning applicable to such term under title XVIII of the Social Security Act [42 U.S.C. 1395 et seq.]. (10) Federally qualified health center The term ‘‘Federally qualified health cen- ter’’ has the meaning given such term under section 1861(aa)(4) of the Social Security Act [42 U.S.C. 1395x(aa)(4)]. (11) Health care facility The term ‘‘health care facility’’ means an Indian Health Service health center, a Native Hawaiian health center, a hospital, a Feder- ally qualified health center, a rural health clinic, a nursing home, a home health agency, a hospice program, a public health clinic, a State or local department of public health, a skilled nursing facility, an ambulatory sur- gical center, or any other facility designated by the Secretary. (12) Home health agency The term ‘‘home health agency’’ has the meaning given such term in section 1861(o) of the Social Security Act [42 U.S.C. 1395x(o)]. (13) Hospice program The term ‘‘hospice program’’ has the mean- ing given such term in section 1861(dd)(2) of the Social Security Act [42 U.S.C. 1395x(dd)(2)]. (14) Rural health clinic The term ‘‘rural health clinic’’ has the meaning given such term in section 1861(aa)(2) of the Social Security Act [42 U.S.C. 1395x(aa)(2)]. (15) Skilled nursing facility The term ‘‘skilled nursing facility’’ has the meaning given such term in section 1819(a) of the Social Security Act [42 U.S.C. 1395i–3(a)]. (16) Accelerated nursing degree program The term ‘‘accelerated nursing degree pro- gram’’ means a program of education in pro- fessional nursing offered by an accredited school of nursing in which an individual hold- ing a bachelors degree in another discipline re- ceives a BSN or MSN degree in an accelerated time frame as determined by the accredited school of nursing. (17) Bridge or degree completion program The term ‘‘bridge or degree completion pro- gram’’ means a program of education in pro- fessional nursing offered by an accredited school of nursing, as defined in paragraph (2), that leads to a baccalaureate degree in nurs- ing. Such programs may include, Registered Nurse (RN) to Bachelor’s of Science of Nursing (BSN) programs, RN to MSN (Master of Science of Nursing) programs, or BSN to Doc- toral programs. (18) Nurse managed health clinic The term ‘‘nurse managed health clinic’’ means a nurse-practice arrangement, managed by advanced practice nurses, that provides pri- mary care or wellness services to underserved or vulnerable populations and that is associ- ated with a school, college, university or de- partment of nursing, federally qualified health center, or independent nonprofit health or so- cial services agency. (July 1, 1944, ch. 373, title VIII, § 801, as added Pub. L. 105–392, title I, § 123(4), Nov. 13, 1998, 112 Stat. 3562; amended Pub. L. 107–205, title I, § 101, Aug. 1, 2002, 116 Stat. 811; Pub. L. 111–148, title V, § 5002(c), Mar. 23, 2010, 124 Stat. 591; Pub. L. 116–136, div. A, title III, § 3404(a)(1), Mar. 27, 2020, 134 Stat. 391.) Editorial Notes REFERENCES IN TEXT The Social Security Act, referred to in par. (9), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title XVIII of the Act is classified generally to subchapter XVIII (§ 1395 et seq.) of chapter 7 of this title. For complete classifica- tion of this Act to the Code, see section 1305 of this title and Tables. PRIOR PROVISIONS A prior section 296, act July 1, 1944, ch. 373, title VIII, § 801 as added Sept. 4, 1964, Pub. L. 88–581, § 2, 78 Stat. 908; amended Nov. 3, 1966, Pub. L. 89–751, § 8(a), 80 Stat. 1236; Aug. 16, 1968, Pub. L. 90–490, title II, § 201(a), 82 Stat. 780; Nov. 18, 1971, Pub. L. 92–158, § 2(a), 85 Stat. 465; July 29, 1975, Pub. L. 94–63, title IX, §§ 902(a), 910(a)(1), 89 Stat. 354, 355; Sept. 29, 1979, Pub. L. 96–76, title I, § 102, 93 Stat. 579, authorized appropriations for con- struction grants, prior to repeal by Pub. L. 99–92, §§ 9(a)(1), 10(a), Aug. 16, 1985, 99 Stat. 400, 402, effective Oct. 1, 1985. AMENDMENTS 2020—Par. (18). Pub. L. 116–136 added par. (18). 2010—Par. (2). Pub. L. 111–148, § 5002(c)(1), substituted ‘‘means an accredited (as defined in paragraph 6) colle- giate, associate degree, or diploma school of nursing in a State where graduates are—’’ for ‘‘means a collegiate, associate degree, or diploma school of nursing in a State.’’ and added subpars. (A) and (B). Pars. (16), (17). Pub. L. 111–148, § 5002(c)(2), added pars. (16) and (17). 2002—Pars. (9) to (15). Pub. L. 107–205 added pars. (9) to (15). Statutory Notes and Related Subsidiaries SAVINGS PROVISION Pub. L. 105–392, title I, § 124, Nov. 13, 1998, 112 Stat. 3574, provided that: ‘‘In the case of any authority for making awards of grants or contracts that is termi- nated by the amendment made by section 123 [enacting sections 296, 296a to 296f, 296j, 296m, 296p, 297q, and 297t of this title, transferring section 298b–2 of this title to section 296g of this title, and repealing sections 296k to 296m, 296r, 297, 297–1, 297c, 298, 298a, 298b, 298b–1, 298b–3 to 298b–5, and 298b–7 of this title], the Secretary of Health and Human Services may, notwithstanding the termination of the authority, continue in effect any grant or contract made under the authority that is in effect on the day before the date of the enactment of this Act [Nov. 13, 1998], subject to the duration of any such grant or contract not exceeding the period deter- mined by the Secretary in first approving such finan- cial assistance, or in approving the most recent request made (before the date of such enactment) for continu- ation of such assistance, as the case may be.’’ Page 1087 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 296a REPORTS BY GOVERNMENT ACCOUNTABILITY OFFICE Pub. L. 107–205, title II, § 204, Aug. 1, 2002, 116 Stat. 818, provided that: ‘‘(a) NATIONAL VARIATIONS.—Not later than 4 years after the date of the enactment of this Act [Aug. 1, 2002], the Comptroller General of the United States shall conduct a survey to determine national variations in the nursing shortage at hospitals, nursing homes, and other health care providers, and submit a report, including recommendations, to the Congress on Federal remedies to ease nursing shortages. The Comptroller General shall submit to the Congress this report de- scribing the findings relating to ownership status and associated remedies. ‘‘(b) HIRING DIFFERENCES AMONG CERTAIN PRIVATE EN- TITIES.—The Comptroller General of the United States shall conduct a study to determine differences in the hiring of nurses by nonprofit private entities as com- pared to the hiring of nurses by private entities that are not nonprofit. In carrying out the study, the Comp- troller General shall determine the effect of the inclu- sion of private entities that are not nonprofit in the program under section 846 of the Public Health Service Act [42 U.S.C. 297n]. Not later than 4 years after the date of the enactment of this Act [Aug. 1, 2002], the Comptroller General shall submit to the Congress a re- port describing the findings of the study. ‘‘(c) NURSING SCHOLARSHIPS.—The Comptroller Gen- eral of the United States shall conduct an evaluation of whether the program carried out under section 846(d) of the Public Health Service Act [42 U.S.C. 297n(d)] has de- monstrably increased the number of applicants to schools of nursing and, not later than 4 years after the date of the enactment of this Act [Aug. 1, 2002], submit a report to the Congress on the results of such evalua- tion.’’ PURPOSE Pub. L. 105–392, title I, § 122, Nov. 13, 1998, 112 Stat. 3562, provided that: ‘‘It is the purpose of this subtitle [subtitle B (§§ 121–124) of title I of Pub. L. 105–392, see Short Title of 1998 Amendment note set out under sec- tion 201 of this title] to restructure the nurse education authorities of title VIII of the Public Health Service Act [42 U.S.C. 296 et seq.] to permit a comprehensive, flexible, and effective approach to Federal support for nursing workforce development.’’ INFORMATION RESPECTING SUPPLY AND DISTRIBUTION OF AND REQUIREMENTS FOR NURSES; DETERMINATION PROCEDURES; SURVEYS AND COLLECTION OF DATES; ANNUAL REPORT TO CONGRESS ON DETERMINATIONS, ETC.; REVIEW BY OFFICE OF MANAGEMENT AND BUDG- ET OF REPORT PRIOR TO SUBMISSION Pub. L. 94–63, title IX, § 951, July 29, 1975, 89 Stat. 367, as amended by Pub. L. 95–623, § 12(h), Nov. 9, 1978, 92 Stat. 3457, provided that: ‘‘(a)(1) Using procedures developed in accordance with paragraph (3), the Secretary of Health, Education, and Welfare [now Health and Human Services] (hereinafter in this section referred to as the ‘Secretary’) shall de- termine on a continuing basis— ‘‘(A) the supply (both current and projected and within the United States and within each State) of registered nurses, licensed practical and vocational nurses, nurse’s aides, registered nurses with advanced training or graduate degrees, and nurse practitioners; ‘‘(B) the distribution within the United States and within each State, of such nurses so as to determine (i) those areas of the United States which are over- supplied or undersupplied, or which have an adequate supply of such nurses in relation to the population of the area, and (ii) the demand for the services which such nurses provide; and ‘‘(C) the current and future requirements for such nurses, nationally and within each State. ‘‘(2) The Secretary shall survey and gather data, on a continuing basis, on— ‘‘(A) the number and distribution of nurses, by type of employment and location of practice; ‘‘(B) the number of nurses who are practicing full time and those who are employed part time, within the United States and within each State; ‘‘(C) the average rates of compensation for nurses, by type of practice and location of practice; ‘‘(D) the activity status of the total number of reg- istered nurses within the United States and within each State; ‘‘(E) the number of nurses with advanced training or graduate degrees in nursing, by specialty, includ- ing nurse practitioners, nurse clinicians, nurse re- searchers, nurse educators, and nurse supervisors and administrators; and ‘‘(F) the number of registered nurses entering the United States annually from other nations, by coun- try of nurse training and by immigrant status. ‘‘(3) Within six months of the date of the enactment of this Act [July 29, 1975], the Secretary shall develop procedures for determining (on both a current and pro- jected basis) the supply and distribution of and require- ments for nurses within the United States and within each State. ‘‘(b) Not later than October 1, 1979, and October 1 of each odd-numbered year thereafter, the Secretary shall report to the Congress— ‘‘(1) his determinations under subsection (a)(1) and the data gathered under subsection (a)(2); ‘‘(2) an analysis of such determination and data; and ‘‘(3) recommendations for such legislation as the Secretary determines, based on such determinations and data, will achieve (A) an equitable distribution of nurses within the United States and within each State, and (B) adequate supplies of nurses within the United States and within each State. ‘‘(c) The Office of Management and Budget may re- view the Secretary’s report under subsection (b) before its submission to the Congress, but the Office may not revise the report or delay its submission, and it may submit to the Congress its comments (and those of other departments or agencies of the Government) re- specting such report.’’ 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. § 296a. Application (a) In general To be eligible to receive a grant or contract under this subchapter, an eligible entity shall prepare and submit to the Secretary an applica- tion that meets the requirements of this sec- tion, at such time, in such manner, and con- taining such information as the Secretary may require. (b) Plan An application submitted under this section shall contain the plan of the applicant for car- rying out a project with amounts received under this subchapter. Such plan shall be consistent with relevant Federal, State, or regional pro- gram plans. (c) Performance outcome standards An application submitted under this section shall contain a specification by the applicant entity of performance outcome standards that the project to be funded under the grant or con- tract will be measured against. Such standards shall address relevant national nursing needs