42 U.S.C. § 300s — General regulations

submitted 82 years ago by Pub. L. 96-79 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 340 words · no verdicts yet

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The Secretary must write regulations setting the order in which medical facility projects get priority for part A or B assistance, based on need, with special weight given to small or rural facilities, dense areas, poverty-area outpatient projects, safety fixes, and comprehensive-care facilities. The Secretary must also set construction and equipment standards, and require facilities that got this assistance to keep proving they meet their promised assurances.

The Secretary must issue regulations covering three things. (1) How to prioritize projects competing for assistance under part A or B, based on relative need, giving special weight to: (A) facilities in areas with limited financial resources, and facilities serving rural communities; (B) modernization projects in densely populated areas; (C) outpatient construction projects located in, and serving, urban or rural poverty areas; (D) projects that (i) eliminate or prevent imminent safety hazards, or (ii) help avoid failing state or voluntary licensing or accreditation standards; and (E) facilities that will provide comprehensive health care, including outpatient, preventive, and hospital care, alone or together with other facilities. (2) General construction, modernization, and equipment standards for projects assisted under part A or B — these standards can vary by the type and location of the facility. (3) How each entity that gets or got assistance under part A, B, or subchapter IV must show it's complying with the assurances it made when it received the money. Any entity subject to this must periodically send the Secretary data supporting its compliance, and the Secretary cannot waive that reporting requirement.

the actual law source: uscode.house.gov ↗public domain

The Secretary shall by regulation—

(1)

prescribe the manner in which he shall determine the priority among projects for which assistance is available under part A or B, based on the relative need of different areas for such projects and giving special consideration—

(A)

to projects for medical facilities serving areas with relatively small financial resources and for medical facilities serving rural communities,

(B)

in the case of projects for modernization of medical facilities, to projects for facilities serving densely populated areas,

(C)

in the case of projects for construction of outpatient medical facilities, to projects that will be located in, and provide services for residents of, areas determined by the Secretary to be rural or urban poverty areas,

(D)

to projects designed to (i) eliminate or prevent imminent safety hazards as defined by Federal, State, or local fire, building, or life safety codes or regulations, or (ii) avoid noncompliance with State or voluntary licensure or accreditation standards, and

(E)

to projects for medical facilities which, alone or in conjunction with other facilities, will provide comprehensive health care, including outpatient and preventive care as well as hospitalization;

(2)

prescribe for medical facilities projects assisted under part A or B general standards of construction, modernization, and equipment, which standards may vary on the basis of the class of facilities and their location; and

(3)

prescribe the general manner in which each entity which receives financial assistance under part A or B or has received financial assistance under part A or B or subchapter IV shall be required to comply with the assurances required to be made at the time such assistance was received and the means by which such entity shall be required to demonstrate compliance with such assurances.

An entity subject to the requirements prescribed pursuant to paragraph (3) respecting compliance with assurances made in connection with receipt of financial assistance shall submit periodically to the Secretary data and information which reasonably supports the entity’s compliance with such assurances. The Secretary may not waive the requirement of the preceding sentence.

Source credit: (July 1, 1944, ch. 373, title XVI, § 1620, as added Pub. L. 96–79, title II, § 202(b), Oct. 4, 1979, 93 Stat. 632.)

history & why it existsrecord from the source credit

1944Enacted · Pub. L. 96-79 · 93 Stat. 632

A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-79 on 1944-07-01.

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