42 U.S.C. § 254f–1 — Priorities in assignment of Corps personnel

(a) In general. In approving applications made under section 254f of this title for the assignment of Corps members, the Secretary must: (1) give priority to any application that (A) is made for giving primary health services to the health professional shortage area with the greatest shortage, and (B) is made by an entity that (i) serves that shortage area, (ii) coordinates the delivery of primary health services with related health and social services, (iii) has a documented record of sound fiscal management, and (iv) will experience a negative impact on its capacity to provide primary health services if it does not get a Corps member; (2) consider, for the surrounding geographic area, how willing individuals there and the appropriate government agencies or health entities are to assist and cooperate with the Corps in providing effective primary health services; and (3) consider comments from medical, osteopathic, dental, or other health professional societies whose members deliver services to that shortage area, or — if no such societies exist — comments from the physicians, dentists, or other health professionals delivering services there. (b) Establishment of criteria for determining priorities. (1) In general. The Secretary must establish criteria specifying how the Secretary determines, under (a)(1)(A), which health professional shortage areas have the greatest shortages. (2) Publication of criteria. The criteria required in (1) had to be published in the Federal Register no later than July 1, 1991. Any revisions the Secretary makes to the criteria are effective upon publication in the Federal Register. (c) Notifications regarding priorities. (1) Proposed list. The Secretary must prepare and publish a proposed list of health professional shortage areas and entities that would get priority under (a)(1) for Corps member assignments. The list must contain the information described in (2), plus the relative scores and priorities of the entities that applied under section 254f of this title, in a proposed format. All such entities have 30 days after publication to provide additional data and information supporting their inclusion on the list or a higher priority determination, and the Secretary must reasonably consider that data before preparing the final list under (2). (2) Preparation of list for applicable period. To carry out (3), the Secretary must prepare, and update as appropriate, a list of health professional shortage areas and entities getting priority under (a)(1). This list must: (A) specify, for each shortage area, the entities the Secretary has authorized to receive Corps member assignments once Corps members are available; and (B) among the entities so authorized, specify (i) those authorized for Corps members participating in the Scholarship Program, (ii) those authorized for Corps members participating in the Loan Repayment Program, and (iii) those authorized for Corps members who became Corps members other than under a Scholarship or Loan Repayment Program contract. The Secretary may set forth these specifications by medical specialty. (3) Notification of affected parties. (A) Entities. No later than 30 days after the Secretary adds an entity to the (2) list as described in (2)(A), the Secretary must notify that entity that it has been authorized to receive Corps member assignments once Corps members are available. (B) Individuals. For an individual obligated to provide service under the Scholarship Program, no later than 3 months before the date described in section 254m(b)(5) of this title, the Secretary must give that individual the names of each entity specified as described in (2)(B)(i) that fits the individual's medical specialty and discipline. (4) Revisions. If the Secretary proposes a revision to the (2) list that would adversely alter an entity's status on it, the Secretary must notify the entity of the revision. Any entity adversely affected must be notified in writing of the reasons for the revision, and has 30 days from that notification to file a written appeal, which the Secretary must reasonably consider before finalizing the revision. The revision takes effect for Corps member assignments beginning on the date it becomes final. (d) Limitation on number of entities offered as assignment choices in Scholarship Program. (1) Determination of available Corps members. By April 1 of each calendar year, the Secretary must determine how many Scholarship Program participants will be available for assignments under section 254f of this title during the program year beginning that July 1. (2) Determination of number of entities. At all times during a program year, the number of entities specified under (c)(2)(B)(i) must be (A) at least the number of participants determined for that program year under (1), and (B) no more than twice that number.