ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

42 U.S.C. § 254lNational Health Service Corps Scholarship Program

submitted 82 years ago by Pub. L. 94-484 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 1,783 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law creates the National Health Service Corps Scholarship Program to train doctors, dentists, and other health workers for shortage areas. Students who join get their school costs and a monthly stipend paid, in exchange for signing a contract to serve in a shortage area after graduating.

(a) Establishment: The Secretary must set up the National Health Service Corps Scholarship Program. Its goal is to make sure there's an adequate supply of (1) physicians, dentists, behavioral and mental health professionals, certified nurse midwives, certified nurse practitioners, and physician assistants, and (2) other health professionals the Corps needs, to provide primary health services as described in section 254d(a)(2). (b) Eligibility; application; written contract: To join, a person must (1) be accepted into, or already enrolled full-time in, an accredited school in a state, in a Secretary-approved program leading to a degree in medicine, osteopathic medicine, dentistry, another health profession, or an appropriate behavioral or mental health graduate degree; (2) be eligible for (or already hold) a commissioned officer appointment in the Service, or be eligible for civilian Corps service; (3) submit an application; and (4) sign and submit, with the application, a written contract agreeing to accept the scholarship and to serve the required period in a shortage area. (c) Review and evaluation of information and forms by prospective applicant: (1) When the Secretary sends out application and contract forms, they must include (A) a fair summary of the applicant's rights and responsibilities if accepted, including a clear explanation of the damages owed under section 254o if the person breaks the contract, and (B) information about satisfying the service obligation through private practice under section 254n, plus anything else needed to understand what joining the Program and Corps means — including what factors the Secretary uses to approve applications and make assignments. (2) All forms and information must be written so an average applicant can understand them, and must be given out early enough that applicants have real time to review them carefully. (3)(A) The Secretary must send program information to health schools and encourage them to pass it on to students. (B)(i) As a person's obligated service is nearing completion, the Secretary must encourage them to stay in their shortage area and keep providing primary care. (ii) During the transition to private practice, the Secretary may help the professional, if they're staying in a shortage area and continuing primary care. (C) The Secretary must encourage the entities hosting Scholarship participants to help those participants stay in the area and keep serving after their obligation ends — including options like sharing one job between two or more health professionals, or recruiting professional couples together. (d) Factors considered in providing contracts; priorities: (1) Subject to section 254f–1, in awarding contracts the Secretary (A) must consider how much interest the applicant has shown in providing primary health services; (B) must consider applications from all students at any accredited dental school in a state when reviewing dental applicants; and (C) may consider any other relevant factors. (2) The Secretary must give priority, in this order: (A) first, to anyone who previously received a scholarship under this section or the older section 294z; (B) second, to anyone whose traits make it more likely they'll keep serving in a shortage area after their obligation ends; and (C) third — but only after applying priority (B) — to anyone from a disadvantaged background. (e) Commencement of participation in Scholarship Program; notice: (1) A person becomes a Program participant only once the Secretary approves their application and accepts their contract. (2) The Secretary must promptly notify the person in writing once their participation is approved. (f) Written contract; contents: The contract between the Secretary and the individual must include: (1)(A) the Secretary's promise, subject to paragraph (2), to (i) pay the scholarship each school year (up to four years, however many years the student chooses, while they're in school) and (ii) accept the person into the Corps (or equivalent service) once funds are available; and (1)(B) the individual's promise, subject to paragraph (2), to (i) accept the scholarship, (ii) stay enrolled in their course of study until finished, (iii) maintain an acceptable academic standing (as the school defines it under Secretary regulations), (iv) if in medical or osteopathic school, complete a residency in a specialty the Secretary says the Corps needs, and (v) serve a period of obligated service equal to either one year for every year of scholarship received, or two years — whichever is longer — as a primary-care provider in a shortage area the Secretary assigns. (2) The contract must state that the whole arrangement — for both the government and the individual — depends on Congress actually appropriating the money. (3) The contract must state the damages owed under section 254o if the individual breaches it. (4) The contract can include other statements of rights and responsibilities, as long as they don't conflict with this subpart. (g) Scholarship provisions; contract with educational institution; increase in monthly stipend: (1) A yearly scholarship covers (A) payment of the student's (i) tuition and (ii) other reasonable school costs — fees, books, lab expenses — for that year, and (B) a stipend of $400 a month, adjusted as described below, for each of the 12 months starting with the first month of that school year. (2) The Secretary may instead contract directly with the school to pay the tuition and expenses, without needing to follow the usual government payment-timing rule in section 3324(a) and (b) of title 31. (3) Each school year, the Secretary must increase the monthly stipend by the same percentage that federal General Schedule pay went up that year (rounded up to the next whole dollar), based on the increase set under section 5303 of title 5. (h) Employment ceiling of Department unaffected: While in school under a Scholarship contract, participants don't count against any cap on the number of Department employees.
the actual law source: uscode.house.gov ↗public domain
(a) Establishment

The Secretary shall establish the National Health Service Corps Scholarship Program to assure, with respect to the provision of primary health services pursuant to section 254d(a)(2) of this title—

(1)

an adequate supply of physicians, dentists, behavioral and mental health professionals, certified nurse midwives, certified nurse practitioners, and physician assistants; and

(2)

if needed by the Corps, an adequate supply of other health professionals.

(b) Eligibility; application; written contract

To be eligible to participate in the Scholarship Program, an individual must—

(1)

be accepted for enrollment, or be enrolled, as a full-time student (A) in an accredited (as determined by the Secretary) educational institution in a State and (B) in a course of study or program, offered by such institution and approved by the Secretary, leading to a degree in medicine, osteopathic medicine, dentistry, or other health profession, or an appropriate degree from a graduate program of behavioral and mental health;

(2)

be eligible for, or hold, an appointment as a commissioned officer in the Regular or Reserve Corps 1 of the Service or be eligible for selection for civilian service in the Corps;

(3)

submit an application to participate in the Scholarship Program; and

(4)

sign and submit to the Secretary, at the time of submittal of such application, a written contract (described in subsection (f)) to accept payment of a scholarship and to serve (in accordance with this subpart) for the applicable period of obligated service in a health professional shortage area.

(c) Review and evaluation of information and forms by prospective applicant
(1)

In disseminating application forms and contract forms to individuals desiring to participate in the Scholarship Program, the Secretary shall include with such forms—

(A)

a fair summary of the rights and liabilities of an individual whose application is approved (and whose contract is accepted) by the Secretary, including in the summary a clear explanation of the damages to which the United States is entitled under section 254o of this title in the case of the individual’s breach of the contract; and

(B)

information respecting meeting a service obligation through private practice under an agreement under section 254n of this title and such other information as may be necessary for the individual to understand the individual’s prospective participation in the Scholarship Program and service in the Corps, including a statement of all factors considered in approving applications for participation in the Program and in making assignments for participants in the Program.

(2)

The application form, contract form, and all other information furnished by the Secretary under this subpart shall be written in a manner calculated to be understood by the average individual applying to participate in the Scholarship Program. The Secretary shall make such application forms, contract forms, and other information available to individuals desiring to participate in the Scholarship Program on a date sufficiently early to insure that such individuals have adequate time to carefully review and evaluate such forms and information.

(3)
(A)

The Secretary shall distribute to health professions schools materials providing information on the Scholarship Program and shall encourage the schools to disseminate the materials to the students of the schools.

(B)
(i)

In the case of any health professional whose period of obligated service under the Scholarship Program is nearing completion, the Secretary shall encourage the individual to remain in a health professional shortage area and to continue providing primary health services.

(ii)

During the period in which a health professional is planning and making the transition to private practice from obligated service under the Scholarship Program, the Secretary may provide assistance to the professional regarding such transition if the professional is remaining in a health professional shortage area and is continuing to provide primary health services.

(C)

In the case of entities to which participants in the Scholarship Program are assigned under section 254f of this title, the Secretary shall encourage the entities to provide options with respect to assisting the participants in remaining in the health professional shortage areas involved, and in continuing to provide primary health services, after the period of obligated service under the Scholarship Program is completed. The options with respect to which the Secretary provides such encouragement may include options regarding the sharing of a single employment position in the health professions by 2 or more health professionals, and options regarding the recruitment of couples where both of the individuals are health professionals.

(d) Factors considered in providing contracts; priorities
(1)

Subject to section 254f–1 of this title, in providing contracts under the Scholarship Program—

(A)

the Secretary shall consider the extent of the demonstrated interest of the applicants for the contracts in providing primary health services;

(B)

the Secretary, in considering applications from individuals accepted for enrollment or enrolled in dental school, shall consider applications from all individuals accepted for enrollment or enrolled in any accredited dental school in a State; and

(C)

may 2 consider such other factors regarding the applicants as the Secretary determines to be relevant to selecting qualified individuals to participate in such Program.

(2)

In providing contracts under the Scholarship Program, the Secretary shall give priority—

(A)

first, to any application for such a contract submitted by an individual who has previously received a scholarship under this section or under section 294z 3 of this title;

(B)

second, to any application for such a contract submitted by an individual who has characteristics that increase the probability that the individual will continue to serve in a health professional shortage area after the period of obligated service pursuant to subsection (f) is completed; and

(C)

third, subject to subparagraph (B), to any application for such a contract submitted by an individual who is from a disadvantaged background.

(e) Commencement of participation in Scholarship Program; notice
(1)

An individual becomes a participant in the Scholarship Program only upon the Secretary’s approval of the individual’s application submitted under subsection (b)(3) and the Secretary’s acceptance of the contract submitted by the individual under subsection (b)(4).

(2)

The Secretary shall provide written notice to an individual promptly upon the Secretary’s approving, under paragraph (1), of the individual’s participation in the Scholarship Program.

(f) Written contract; contents

The written contract (referred to in this subpart) between the Secretary and an individual shall contain—

(1)

an agreement that—

(A)

subject to paragraph (2), the Secretary agrees (i) to provide the individual with a scholarship (described in subsection (g)) in each such school year or years for a period of years (not to exceed four school years) determined by the individual, during which period the individual is pursuing a course of study described in subsection (b)(1)(B), and (ii) to accept (subject to the availability of appropriated funds for carrying out sections 254d through 254h and section 254j of this title) the individual into the Corps (or for equivalent service as otherwise provided in this subpart); and

(B)

subject to paragraph (2), the individual agrees—

(i)

to accept provision of such a scholarship to the individual;

(ii)

to maintain enrollment in a course of study described in subsection (b)(1)(B) until the individual completes the course of study;

(iii)

while enrolled in such course of study, to maintain an acceptable level of academic standing (as determined under regulations of the Secretary by the educational institution offering such course of study);

(iv)

if pursuing a degree from a school of medicine or osteopathic medicine, to complete a residency in a specialty that the Secretary determines is consistent with the needs of the Corps; and

(v)

to serve for a time period (hereinafter in the subpart referred to as the “period of obligated service”) equal to—

(I)

one year for each school year for which the individual was provided a scholarship under the Scholarship Program, or

(II)

two years,

 whichever is greater, as a provider of primary health services in a health professional shortage area (designated under section 254e of this title) to which he is assigned by the Secretary as a member of the Corps, or as otherwise provided in this subpart;

(2)

a provision that any financial obligation of the United States arising out of a contract entered into under this subpart and any obligation of the individual which is conditioned thereon, is contingent upon funds being appropriated for scholarships under this subpart and to carry out the purposes of sections 254d through 254h and sections 254j and 254k of this title;

(3)

a statement of the damages to which the United States is entitled, under section 254o of this title, for the individual’s breach of the contract; and

(4)

such other statements of the rights and liabilities of the Secretary and of the individual, not inconsistent with the provisions of this subpart.

(g) Scholarship provisions; contract with educational institution; increase in monthly stipend
(1)

A scholarship provided to a student for a school year under a written contract under the Scholarship Program shall consist of—

(A)

payment to, or (in accordance with paragraph (2)) on behalf of, the student of the amount (except as provided in section 292k3 of this title) of—

(i)

the tuition of the student in such school year; and

(ii)

all other reasonable educational expenses, including fees, books, and laboratory expenses, incurred by the student in such school year; and

(B)

payment to the student of a stipend of $400 per month (adjusted in accordance with paragraph (3)) for each of the 12 consecutive months beginning with the first month of such school year.

(2)

The Secretary may contract with an educational institution, in which a participant in the Scholarship Program is enrolled, for the payment to the educational institution of the amounts of tuition and other reasonable educational expenses described in paragraph (1)(A). Payment to such an educational institution may be made without regard to section 3324(a) and (b) of title 31.

(3)

The amount of the monthly stipend, specified in paragraph (1)(B) and as previously adjusted (if at all) in accordance with this paragraph, shall be increased by the Secretary for each school year ending in a fiscal year beginning after September 30, 1978, by an amount (rounded to the next highest multiple of $1) equal to the amount of such stipend multiplied by the overall percentage (under section 5303 of title 5) of the adjustment (if such adjustment is an increase) in the rates of pay under the General Schedule made effective in the fiscal year in which such school year ends.

(h) Employment ceiling of Department unaffected

Notwithstanding any other provision of law, individuals who have entered into written contracts with the Secretary under this section, while undergoing academic training, shall not be counted against any employment ceiling affecting the Department.

Source credit: (July 1, 1944, ch. 373, title III, § 338A, formerly title VII, § 751, as added Pub. L. 94–484, title IV, § 408(b)(1), Oct. 12, 1976, 90 Stat. 2281; amended Pub. L. 95–215, § 5, Dec. 19, 1977, 91 Stat. 1506; Pub. L. 95–623, § 12(c), Nov. 9, 1978, 92 Stat. 3457; Pub. L. 95–626, title I, § 113(b), Nov. 10, 1978, 92 Stat. 3563; Pub. L. 96–32, § 7(i), July 10, 1979, 93 Stat. 84; renumbered § 338A and amended Pub. L. 97–35, title XXVII, § 2709(a), (b), Aug. 13, 1981, 95 Stat. 908; Pub. L. 99–129, title II, § 210(b), Oct. 22, 1985, 99 Stat. 537; Pub. L. 100–607, title VI, § 629(a)(2), Nov. 4, 1988, 102 Stat. 3146; Pub. L. 101–509, title V, § 529 [title I, § 101(b)(4)(K)], Nov. 5, 1990, 104 Stat. 1427, 1440; Pub. L. 101–597, title II, § 201, title IV, § 401(b)[(a)], Nov. 16, 1990, 104 Stat. 3021, 3035; Pub. L. 107–251, title III, § 309, Oct. 26, 2002, 116 Stat. 1649; Pub. L. 108–163, § 2(j), Dec. 6, 2003, 117 Stat. 2022.)

history & why it existsrecord from the source credit
  • 1944Enacted · Pub. L. 94-484 · 90 Stat. 2281
  • 1977Amended · Pub. L. 95-215 · 91 Stat. 1506
  • 1978Amended · Pub. L. 95-623 · 92 Stat. 3457
  • 1978Amended · Pub. L. 95-626 · 92 Stat. 3563
  • 1979Amended · Pub. L. 96-32 · 93 Stat. 84
  • 1981Amended · Pub. L. 97-35 · 95 Stat. 908
  • 1985Amended · Pub. L. 99-129 · 99 Stat. 537
  • 1988Amended · Pub. L. 100-607 · 102 Stat. 3146
  • 1990Amended · Pub. L. 101-509 · 104 Stat. 1427, 1440
  • 1990Amended · Pub. L. 101-597 · 104 Stat. 3021, 3035
  • 2002Amended · Pub. L. 107-251 · 116 Stat. 1649
  • 2003Amended · Pub. L. 108-163 · 117 Stat. 2022

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

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case