42 U.S.C. § 300d–41 — Grants for certain trauma centers
submitted 82 years ago by Pub. L. 102-321 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 556 words · no verdicts yet
The Secretary must run three grant programs for qualifying trauma centers: covering uncompensated care costs, supporting core operations, and providing emergency relief. To qualify, a trauma center must generally be part of a compliant trauma system, be verified or state-designated, and, for uncompensated-care grants, meet set thresholds for charity, self-pay, and Medicaid patient volume, or qualify through a state's Medicaid waiver pool.
(a) In general
The Secretary* must set up three grant programs for qualified public, nonprofit, Indian Health Service*, Tribal, and urban Indian trauma centers: (1) to help cover large uncompensated care costs*; (2) to support core work like patient stabilization and transfer, education, coordination with trauma systems, essential staff and fixed costs, and physician service costs; and (3) to give emergency relief so trauma services can keep operating.
(b) Minimum qualifications
(1) Except as noted in paragraph (2), a trauma center can only get a grant if it takes part in a trauma system that mostly follows section 300d–13.
(2) That rule does not apply to trauma centers in States with no existing trauma care system.
(3) For uncompensated-care grants, a center must meet at least one criterion from one of three categories: Category A needs at least 40 percent charity/self-pay emergency visits, or at least 50 percent combined charity/self-pay/Medicaid visits. Category B needs at least 35 percent charity/self-pay, or at least 50 percent combined. Category C needs at least 20 percent charity/self-pay, or at least 30 percent combined.
(4) A trauma center in a State* with an approved 1115 Medicaid waiver can still get an uncompensated-care grant if it qualifies for that State's Low Income Pool or Safety Net Care Pool funds, even if it does not meet paragraph (3).
(5) A trauma center can only get a grant if it is verified by the American College of Surgeons or designated by an equivalent State or local agency.
(c) Additional requirements
For uncompensated-care grants, a trauma center must also: (1) submit a plan, satisfactory to the Secretary, showing it will keep serving trauma patients regardless of ability to pay; and (2) have policies to help patients who cannot pay, including a sliding fee scale, and to ensure fair billing and collections.
The Secretary* shall establish 3 programs to award grants to qualified public, nonprofit Indian Health Service*, Indian tribal, and urban Indian trauma centers—
to assist in defraying substantial uncompensated care costs*;
to further the core missions of such trauma centers, including by addressing costs associated with patient stabilization and transfer, trauma education and outreach, coordination with local and regional trauma systems, essential personnel and other fixed costs, and expenses associated with employee and non-employee physician services; and
to provide emergency relief to ensure the continued and future availability of trauma services.
Except as provided in paragraph (2), the Secretary may not award a grant to a trauma center under subsection (a) unless the trauma center is a participant in a trauma system that substantially complies with section 300d–13 of this title.
Paragraph (1) shall not apply to trauma centers that are located in States with no existing trauma care system.
The Secretary shall award substantial uncompensated care grants under subsection (a)(1) only to trauma centers meeting at least 1 of the criteria in 1 of the following 3 categories:
The criteria for category A are as follows:
At least 40 percent of the visits in the emergency department of the hospital in which the trauma center is located were charity or self-pay patients.
At least 50 percent of the visits in such emergency department were Medicaid (under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.)) and charity and self-pay patients combined.
The criteria for category B are as follows:
At least 35 percent of the visits in the emergency department were charity or self-pay patients.
At least 50 percent of the visits in the emergency department were Medicaid and charity and self-pay patients combined.
The criteria for category C are as follows:
At least 20 percent of the visits in the emergency department were charity or self-pay patients.
At least 30 percent of the visits in the emergency department were Medicaid and charity and self-pay patients combined.
Notwithstanding paragraph (3), the Secretary may award a substantial uncompensated care grant to a trauma center under subsection (a)(1) if the trauma center qualifies for funds under a Low Income Pool or Safety Net Care Pool established through a waiver approved under section 1115 of the Social Security Act (42 U.S.C. 1315).
The Secretary may not award a grant to a trauma center unless such trauma center is verified by the American College of Surgeons or designated by an equivalent State* or local agency.
The Secretary may not award a grant to a trauma center under subsection (a)(1) unless such trauma center—
submits to the Secretary a plan satisfactory to the Secretary that demonstrates a continued commitment to serving trauma patients regardless of their ability to pay; and
has policies in place to assist patients who cannot pay for part or all of the care they receive, including a sliding fee scale, and to ensure fair billing and collection practices*.
Source credit: (July 1, 1944, ch. 373, title XII, § 1241, as added Pub. L. 102–321, title VI, § 601, July 10, 1992, 106 Stat. 433; amended Pub. L. 111–148, title III, § 3505(a)(1), Mar. 23, 2010, 124 Stat. 522.)
- 1944Enacted · Pub. L. 102-321 · 106 Stat. 433
- 2010Amended · Pub. L. 111-148 · 124 Stat. 522
A history note hasn’t been published yet. The record shows enactment by Pub. L. 102-321 on 1944-07-01.
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