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42 U.S.C. § 296eGenerally applicable provisions

submitted 82 years ago by Pub. L. 105-392 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 899 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law sets the shared rules for nursing workforce grants and contracts across this subchapter. It covers competitive awarding, eligible applicants, data and evaluation duties, five-year funding limits, peer review, and a required report to Congress on nursing workforce programs.

(a) Awarding of grants and contracts. The Secretary must make sure grants and contracts under this subchapter go out on a competitive basis, when appropriate, to run innovative demonstration projects or fill strategic workforce gaps needed to meet national nursing needs, including: (1) addressing challenges related to the distribution of the nursing workforce, and existing or projected nursing shortages, in geographic areas identified as having or likely to have a nursing shortage — including by supporting training and education of nursing students; (2) improving access to and the quality of health care, including by supporting training for registered nurses, advanced practice registered nurses, and advanced education nurses in community-based and other health delivery settings; or (3) addressing the Secretary's strategic goals and priorities that fit this subchapter. The Secretary can contract with public or private entities as needed. (b) Information requirements. (1) In general. Recipients must meet whatever information requirements the Secretary sets. (2) Evaluations. The Secretary must set procedures for annually evaluating funded programs and projects. Continued funding depends on the recipient reporting data showing real progress toward the performance outcome standards described in a named section. (c) Training programs. Training programs funded under this subchapter must meet the usual accreditation and quality standards. (d) Duration of assistance. (1) In general. Subject to (2), payments to an entity under a single grant, cooperative agreement, or contract can't run longer than 5 years. Payments still need annual Secretary approval and available funding. This doesn't limit how many separate awards an entity can get. (2) Limitation. This 5-year cap only applies to the extent it doesn't conflict with some other, more specific rule elsewhere in this subchapter about how long payments can run. (e) Peer review regarding certain programs. (1) In general. Except for advanced nurse traineeship grants under a named section, every grant application under this subchapter must go to a peer review group to evaluate its merits. The Secretary cannot approve an application unless the peer review group recommended it. (2) Composition. Peer review groups must mainly be made up of people who aren't federal officers or employees, and who have relevant expertise and experience. Except as otherwise provided, the Secretary must aim for sex, racial, ethnic, and geographic representation on these groups. (3) Administration. The Secretary carries this out through the Administrator of the Health Resources and Services Administration. (f) Analytic activities. The Secretary must make sure: (1) cross-cutting workforce analysis happens as part of this subchapter's workforce information activities; and (2) profession-specific workforce information and analysis happens as part of (A) advanced education nursing activities under Part B, (B) workforce diversity activities under Part C, and (C) basic nursing education and practice activities under Part D. (g) State and regional priorities. As much as practical, activities funded under this subchapter must fit relevant federal, state, or regional nursing program plans and priorities. (h) Filing of applications. (1) In general. Health professions schools, schools of nursing, academic health centers, state or local governments, or other appropriate public or private nonprofit entities the Secretary approves can apply for grants or contracts under this subchapter. (2) For-profit entities. A for-profit entity can also qualify for a grant or contract under this subchapter if the Secretary decides that's appropriate. (i) Biennial report on nursing workforce program improvements. Starting no later than September 30, 2020, and every two years after that, the Secretary must send the Senate Health, Education, Labor, and Pensions Committee and the House Energy and Commerce Committee a report assessing the Department of Health and Human Services' nursing workforce programs and activities — including how well they meet their identified goals and performance measures, and how well the Department coordinates with other federal departments on improving the nursing workforce.
the actual law source: uscode.house.gov ↗public domain
(a) Awarding of grants and contracts

The Secretary shall ensure that grants and contracts under this subchapter are awarded on a competitive basis, as appropriate, to carry out innovative demonstration projects or provide for strategic workforce supplementation activities as needed to address national nursing needs, including—

(1)

addressing challenges, including through supporting training and education of nursing students, related to the distribution of the nursing workforce and existing or projected nursing workforce shortages in geographic areas that have been identified as having, or that are projected to have, a nursing shortage;

(2)

increasing access to and the quality of health care services, including by supporting the training of professional registered nurses, advanced practice registered nurses, and advanced education nurses within community based settings and in a variety of health delivery system settings; or

(3)

addressing the strategic goals and priorities identified by the Secretary and that are in accordance with this subchapter.

Contracts may be entered into under this subchapter with public or private entities as determined necessary by the Secretary.

(b) Information requirements
(1) In general

Recipients of grants and contracts under this subchapter shall meet information requirements as specified by the Secretary.

(2) Evaluations

The Secretary shall establish procedures to ensure the annual evaluation of programs and projects operated by recipients of grants under this subchapter. Such procedures shall ensure that continued funding for such programs and projects will be conditioned upon the reporting of data and information demonstrating that satisfactory progress has been made by the program or project in meeting the performance outcome standards (as described in section 296a of this title) of such program or project.

(c) Training programs

Training programs conducted with amounts received under this subchapter shall meet applicable accreditation and quality standards.

(d) Duration of assistance
(1) In general

Subject to paragraph (2), in the case of an award to an entity of a grant, cooperative agreement, or contract under this subchapter, the period during which payments are made to the entity under the award may not exceed 5 years. The provision of payments under the award shall be subject to annual approval by the Secretary of the payments and subject to the availability of appropriations for the fiscal year involved to make the payments. This paragraph may not be construed as limiting the number of awards under the program involved that may be made to the entity.

(2) Limitation

In the case of an award to an entity of a grant, cooperative agreement, or contract under this subchapter, paragraph (1) shall apply only to the extent not inconsistent with any other provision of this subchapter that relates to the period during which payments may be made under the award.

(e) Peer review regarding certain programs
(1) In general

Each application for a grant under this subchapter, except advanced nurse traineeship grants under section 296j(a)(2) of this title, shall be submitted to a peer review group for an evaluation of the merits of the proposals made in the application. The Secretary may not approve such an application unless a peer review group has recommended the application for approval.

(2) Composition

Each peer review group under this subsection shall be composed principally of individuals who are not officers or employees of the Federal Government, and have relevant expertise and experience. In providing for the establishment of peer review groups and procedures, the Secretary shall, except as otherwise provided, ensure sex, racial, ethnic, and geographic representation among the membership of such groups.

(3) Administration

This subsection shall be carried out by the Secretary acting through the Administrator of the Health Resources and Services Administration.

(f) Analytic activities

The Secretary shall ensure that—

(1)

cross-cutting workforce analytical activities are carried out as part of the workforce information and analysis activities under this subchapter; and

(2)

discipline-specific workforce information is developed and analytical activities are carried out as part of—

(A)

the advanced education nursing activities under part B;

(B)

the workforce diversity activities under part C; and

(C)

basic nursing education and practice activities under part D.

(g) State and regional priorities

Activities under grants or contracts under this subchapter shall, to the extent practicable, be consistent with related Federal, State, or regional nursing professions program plans and priorities.

(h) Filing of applications
(1) In general

Applications for grants or contracts under this subchapter may be submitted by health professions schools, schools of nursing, academic health centers, State or local governments, or other appropriate public or private nonprofit entities as determined appropriate by the Secretary in accordance with this subchapter.

(2) For-profit entities

Notwithstanding paragraph (1), a for-profit entity may be eligible for a grant or contract under this subchapter as determined appropriate by the Secretary.

(i) Biennial report on nursing workforce program improvements

Not later than September 30, 2020, and biennially thereafter, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives, a report that contains an assessment of the programs and activities of the Department of Health and Human Services related to enhancing the nursing workforce, including the extent to which programs and activities under this subchapter meet the identified goals and performance measures developed for the respective programs and activities, and the extent to which the Department coordinates with other Federal departments regarding programs designed to improve the nursing workforce.

Source credit: (July 1, 1944, ch. 373, title VIII, § 806, as added Pub. L. 105–392, title I, § 123(4), Nov. 13, 1998, 112 Stat. 3565; amended Pub. L. 116–136, div. A, title III, § 3404(a)(4), Mar. 27, 2020, 134 Stat. 392.)

history & why it existsrecord from the source credit
  • 1944Enacted · Pub. L. 105-392 · 112 Stat. 3565
  • 2020Amended · Pub. L. 116-136 · 134 Stat. 392

A history note hasn’t been published yet. The record shows enactment by Pub. L. 105-392 on 1944-07-01.

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