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42 U.S.C. § 295jPreferences and required information in certain programs

submitted 82 years ago by Pub. L. 102-408 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 456 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law tells the Secretary which grant applicants to favor for certain health training programs. Preference goes to schools with strong records placing graduates in underserved communities. New programs can also qualify for preference if they meet enough of the listed criteria.

(a) Preferences in making awards. (1) In general. Subject to (2), when giving grants or contracts under two named sections, the Secretary must give preference to a qualified applicant that: (A) has a high rate of placing its graduates in practice settings mainly serving medically underserved communities; (B) has significantly increased that placement rate during the two years before the award year; or (C) uses a specific kind of longitudinal evaluation and reports its data to the national workforce database. (2) Limitation regarding peer review. The Secretary cannot give this preference if peer reviewers ranked the applicant's proposal at or below the 20th percentile of proposals they recommended for approval. (b) "Graduate" defined. Unless stated otherwise, "graduate" means someone who has finished all training and residency needed for full certification in their chosen health profession. (c) Exceptions for new programs. (1) In general. New programs that meet at least 4 of the criteria in (3) qualify for a funding preference too, so they can compete fairly. (2) Definition. A "new program" is one that has graduated fewer than three classes. Once it graduates three classes, it can provide the data needed to qualify for the regular preference in (a) instead. (3) Criteria. A new program can count criteria such as: (A) its mission statement names serving underserved populations as a specific purpose; (B) its curriculum helps prepare students to serve underserved populations; (C) it requires substantial clinical training in medically underserved communities; (D) at least 20 percent of its clinical faculty spend at least half their time providing or supervising care in underserved communities; (E) all or a substantial part of the program is physically located in an underserved community; (F) it offers student aid tied to future service in underserved communities; and (G) it has a placement mechanism for sending graduates to underserved communities.
the actual law source: uscode.house.gov ↗public domain
(a) Preferences in making awards
(1) In general

Subject to paragraph (2), in making awards of grants or contracts under any of sections 293k and 294 of this title, the Secretary shall give preference to any qualified applicant that—

(A)

has a high rate for placing graduates in practice settings having the principal focus of serving residents of medically underserved communities;

(B)

during the 2-year period preceding the fiscal year for which such an award is sought, has achieved a significant increase in the rate of placing graduates in such settings; or

(C)

utilizes a longitudinal evaluation (as described in section 294n(d)(2) of this title) and reports data from such system to the national workforce database (as established under section 294n(b)(2)(E) of this title).

(2) Limitation regarding peer review

For purposes of paragraph (1), the Secretary may not give an applicant preference if the proposal of the applicant is ranked at or below the 20th percentile of proposals that have been recommended for approval by peer review groups.

(b) “Graduate” defined

For purposes of this section, the term “graduate” means, unless otherwise specified, an individual who has successfully completed all training and residency requirements necessary for full certification in the health profession selected by the individual.

(c) Exceptions for new programs
(1) In general

To permit new programs to compete equitably for funding under this section, those new programs that meet at least 4 of the criteria described in paragraph (3) shall qualify for a funding preference under this section.

(2) Definition

As used in this subsection, the term “new program” means any program that has graduated less than three classes. Upon graduating at least three classes, a program shall have the capability to provide the information necessary to qualify the program for the general funding preferences described in subsection (a).

(3) Criteria

The criteria referred to in paragraph (1) are the following:

(A)

The mission statement of the program identifies a specific purpose of the program as being the preparation of health professionals to serve underserved populations.

(B)

The curriculum of the program includes content which will help to prepare practitioners to serve underserved populations.

(C)

Substantial clinical training experience is required under the program in medically underserved communities.

(D)

A minimum of 20 percent of the clinical faculty of the program spend at least 50 percent of their time providing or supervising care in medically underserved communities.

(E)

The entire program or a substantial portion of the program is physically located in a medically underserved community.

(F)

Student assistance, which is linked to service in medically underserved communities following graduation, is available to the students in the program.

(G)

The program provides a placement mechanism for deploying graduates to medically underserved communities.

Source credit: (July 1, 1944, ch. 373, title VII, § 791, as added Pub. L. 102–408, title I, § 102, Oct. 13, 1992, 106 Stat. 2058; amended Pub. L. 102–531, title III, § 313(a)(5), Oct. 27, 1992, 106 Stat. 3507; Pub. L. 105–392, title I, §§ 106(a)(2)(B), 107, Nov. 13, 1998, 112 Stat. 3557, 3560; Pub. L. 111–148, title V, § 5103(c), Mar. 23, 2010, 124 Stat. 605.)

history & why it existsrecord from the source credit
  • 1944Enacted · Pub. L. 102-408 · 106 Stat. 2058
  • 1992Amended · Pub. L. 102-531 · 106 Stat. 3507
  • 1998Amended · Pub. L. 105-392 · 112 Stat. 3557, 3560
  • 2010Amended · Pub. L. 111-148 · 124 Stat. 605

A history note hasn’t been published yet. The record shows enactment by Pub. L. 102-408 on 1944-07-01.

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