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42 U.S.C. § 254hProvision of health services by Corps members

submitted 82 years ago by Pub. L. 94-484 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 789 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law tells Corps members how to give health care in shortage areas and requires them to treat everyone, regardless of ability to pay. It lets the Secretary arrange facilities, equipment, staff, and small loans to support that care. Hospitals that block a Corps member's admitting privileges can lose federal health funding.

(a) Means of delivery of services: Corps members must use whatever methods, facilities, and setups work best for the specific area, population, or facility they're serving. As much as possible, they must serve everyone in that shortage area, no matter if the person can pay. They must also work together with other health care providers already serving that area, not against them. (b) Utilization of existing health facilities: The Secretary can, despite any other law, do several things to support Corps members: (A) arrange for Corps members to use health facilities that already exist in or serve the shortage area; (B) arrange to use the Public Health Service's own equipment and supplies, or lease or buy other equipment and supplies; and (C) hire doctors, dentists, nurses, administrators, and other health staff, either permanently or temporarily. If there's no health facility in the area, the Secretary can instead have Corps members work out of the nearest Service facility, or lease or otherwise set up a facility in the area. Separately, if a hospital or other Service facility already serves the people in a shortage area, the Secretary can arrange for Corps members to use that facility too — but only as long as doing so doesn't hurt the care given to people who are already entitled to be treated there. (c) Loan: The Secretary may give one loan to any entity whose application was approved under section 254f, to help pay for (1) starting a medical, dental, or other health practice, including setting up practice management systems, (2) buying equipment to provide health services, or (3) renovating buildings into health facilities. The entity must apply, and the Secretary must approve the application, before any loan is made. The Secretary decides the loan amount, but it can never be more than $50,000. (d) Property and equipment disposal: Once all Corps members finish their assignment to a shortage area, the Secretary can sell the equipment and other government property they used there to an appropriate local entity. These sales must normally happen at fair market value, as the Secretary determines it. But the Secretary can sell for less than full value if the local entity truly cannot afford to pay full price. (e) Admitting privileges denied to Corps member by hospital: (1) It is against the law for a hospital to refuse to give an authorized Corps member admitting privileges, as long as that Corps member meets the hospital's normal professional qualifications and agrees to follow the hospital's and its medical staff's published rules. If the Secretary finds, after notice and a hearing, that a hospital broke this rule, that hospital must stop receiving — and becomes ineligible to receive — federal funds under this chapter or under Medicare, Medicaid, or CHIP (titles XVIII, XIX, or XXI of the Social Security Act), for however long the Secretary decides. (2) For this subsection, "hospital" means a state or local public hospital, a private for-profit hospital, a private nonprofit hospital, a general or special hospital, or any other kind of hospital and its related facilities — except a hospital owned or run by the federal government.
the actual law source: uscode.house.gov ↗public domain
(a) Means of delivery of services; cooperation with other health care providers

In providing health services in a health professional shortage area, Corps members shall utilize the techniques, facilities, and organizational forms most appropriate for the area, population group, medical facility, or other public facility, and shall, to the maximum extent feasible, provide such services (1) to all individuals in, or served by, such health professional shortage area regardless of their ability to pay for the services, and (2) in a manner which is cooperative with other health care providers serving such health professional shortage area.

(b) Utilization of existing health facilities; lease, acquisition, and use of equipment and supplies; permanent and temporary professional services
(1)

Notwithstanding any other provision of law, the Secretary may (A) to the maximum extent feasible make such arrangements as he determines necessary to enable Corps members to utilize the health facilities in or serving the health professional shortage area in providing health services; (B) make such arrangements as he determines are necessary for the use of equipment and supplies of the Service and for the lease or acquisition of other equipment and supplies; and (C) secure the permanent or temporary services of physicians, dentists, nurses, administrators, and other health personnel. If there are no health facilities in or serving such area, the Secretary may arrange to have Corps members provide health services in the nearest health facilities of the Service or may lease or otherwise provide facilities in or serving such area for the provision of health services.

(2)

If the individuals in or served by a health professional shortage area are being served (as determined under regulations of the Secretary) by a hospital or other health care delivery facility of the Service, the Secretary may, in addition to such other arrangements as he may make under paragraph (1), arrange for the utilization of such hospital or facility by Corps members in providing health services, but only to the extent that such utilization will not impair the delivery of health services and treatment through such hospital or facility to individuals who are entitled to health services and treatment through such hospital or facility.

(c) Loan; purposes; limitations

The Secretary may make one loan to any entity with an approved application under section 254f of this title to assist such entity in meeting the costs of (1) establishing medical, dental, or other health profession practices, including the development of medical practice management systems; (2) acquiring equipment for use in providing health services; and (3) renovating buildings to establish health facilities. No loan may be made under this subsection unless an application therefor is submitted to, and approved by, the Secretary. The amount of any such loan shall be determined by the Secretary, except that no such loan may exceed $50,000.

(d) Property and equipment disposal; fair market value; sale at less than full market value

Upon the expiration of the assignment of all Corps members to a health professional shortage area, the Secretary may (notwithstanding any other provision of law) sell, to any appropriate local entity, equipment and other property of the United States utilized by such members in providing health services. Sales made under this subsection shall be made at the fair market value (as determined by the Secretary) of the equipment or such other property; except that the Secretary may make such sales for a lesser value to an appropriate local entity, if he determines that the entity is financially unable to pay the full market value.

(e) Admitting privileges denied to Corps member by hospital; notice and hearing; denial of Federal funds for violation; “hospital” defined
(1)
(A)

It shall be unlawful for any hospital to deny an authorized Corps member admitting privileges when such Corps member otherwise meets the professional qualifications established by the hospital for granting such privileges and agrees to abide by the published bylaws of the hospital and the published bylaws, rules, and regulations of its medical staff.

(B)

Any hospital which is found by the Secretary, after notice and an opportunity for a hearing on the record, to have violated this subsection shall upon such finding cease, for a period to be determined by the Secretary, to receive and to be eligible to receive any Federal funds under this chapter or under titles XVIII, XIX, or XXI of the Social Security Act [42 U.S.C. 1395 et seq., 1396 et seq., 1397aa et seq.].

(2)

For purposes of this subsection, the term “hospital” includes a State or local public hospital, a private profit hospital, a private nonprofit hospital, a general or special hospital, and any other type of hospital (excluding a hospital owned or operated by an agency of the Federal Government), and any related facilities.

Source credit: (July 1, 1944, ch. 373, title III, § 335, as added Pub. L. 94–484, title IV, § 407(b)(3), Oct. 12, 1976, 90 Stat. 2275; amended Pub. L. 97–35, title XXVII, § 2705, Aug. 13, 1981, 95 Stat. 907; Pub. L. 101–597, title I, § 106, title IV, § 401(b)[(a)], Nov. 16, 1990, 104 Stat. 3018, 3035; Pub. L. 107–251, title III, § 306, Oct. 26, 2002, 116 Stat. 1648.)

history & why it existsrecord from the source credit
  • 1944Enacted · Pub. L. 94-484 · 90 Stat. 2275
  • 1981Amended · Pub. L. 97-35 · 95 Stat. 907
  • 1990Amended · Pub. L. 101-597 · 104 Stat. 3018, 3035
  • 2002Amended · Pub. L. 107-251 · 116 Stat. 1648

A history note hasn’t been published yet. The record shows enactment by Pub. L. 94-484 on 1944-07-01.

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