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42 U.S.C. § 300e–4Loans and loan guarantees for initial operation costs

submitted 82 years ago by Pub. L. 93-222 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 452 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary may loan or guarantee funds to HMOs, covering startup or expansion costs for five years. To qualify, an HMO must show it tried other options and got past assistance between 1981 and 1985. Loans and guarantees are capped, funded from a specific fund, and unavailable after September 30, 1986.

(a) Authority The Secretary may: (1) make loans to public or private HMOs to help cover the amount by which their operating costs exceed their revenues -- for a period of up to their first 60 months of operation; (2) make loans to help cover the amount by which operating costs the Secretary attributes to a significant membership or service-area expansion exceed the revenues attributable to that expansion, for up to 60 months after the expansion; and (3) guarantee non-federal lenders' repayment of principal and interest on loans made to private HMOs for the amounts described in (1) and (2). No loan or loan guarantee under this subsection may be made unless the Secretary determines the HMO made all reasonable attempts to cover these costs itself, and unless the Secretary already gave the HMO a grant, loan, contract, or loan guarantee in fiscal year 1981, 1982, 1983, 1984, or 1985 under this section or the prior version of section 300e-3(b) (as it existed before October 1, 1985). (b) Limitations (1) Except as paragraph (2) allows, the total principal of loans made or guaranteed under subsection (a) for any one HMO can't exceed $7,000,000. In any 12-month period, the amount disbursed to an HMO under this section -- whether directly, through an escrow agent, or through a guaranteed lender -- can't exceed $3,000,000. (2) The total outstanding principal of loans directly made or guaranteed under subsection (a), at any given time, can't exceed whatever limits appropriation acts set. (c) Source of loan funds Loans under this section come from the fund set up under section 300e-7(e). (d) Time limit on loans and loan guarantees No loan under this section may be made or guaranteed after September 30, 1986. (e) Repealed. (f) Medically underserved populations When reviewing loan-guarantee applications under this section, the Secretary must give special consideration to applications from HMOs that will serve medically underserved populations.
the actual law source: uscode.house.gov ↗public domain
(a) Authority

The Secretary may—

(1)

make loans to public or private health maintenance organizations to assist them in meeting the amount by which their costs of operation during a period not to exceed the first sixty months of their operation exceed their revenues in that period;

(2)

make loans to public or private health maintenance organizations to assist them in meeting the amount by which their costs of operation, which the Secretary determines are attributable to significant expansion in their membership or area served and which are incurred during a period not to exceed the first sixty months of their operation after such expansion, exceed their revenues in that period which the Secretary determines are attributable to such expansion; and

(3)

guarantee to non-Federal lenders payment of the principal of and the interest on loans made to private health maintenance organizations for the amounts referred to in paragraphs (1) and (2).

No loan or loan guarantee may be made under this subsection for the costs of operation of a health maintenance organization unless the Secretary determines that the organization has made all reasonable attempts to meet such costs, and unless the Secretary has made a grant or loan to, entered into a contract with, or guaranteed a loan for, the organization in fiscal year 1981, 1982, 1983, 1984, or 1985 under this section or section 300e–3(b) 1 of this title (as in effect before October 1, 1985).

(b) Limitations
(1)

Except as provided in paragraph (2), the aggregate amount of principal of loans made or guaranteed, or both, under subsection (a) for a health maintenance organization may not exceed $7,000,000. In any twelve-month period the amount disbursed to a health maintenance organization under this section (either directly by the Secretary, by an escrow agent under the terms of an escrow agreement, or by a lender under a guaranteed loan) may not exceed $3,000,000.

(2)

The cumulative total of the principal of the loans outstanding at any time which have been directly made, or with respect to which guarantees have been issued, under subsection (a) may not exceed such limitations as may be specified in appropriation Acts.

(c) Source of loan funds

Loans under this section shall be made from the fund established under section 300e–7(e) of this title.

(d) Time limit on loans and loan guarantees

No loan may be made or guaranteed under this section after September 30, 1986.

(e) Repealed. Pub. L. 97–35, title IX, § 947(c), Aug. 13, 1981, 95 Stat. 577

(f) Medically underserved populations

In considering applications for loan guarantees under this section, the Secretary shall give special consideration to applications for health maintenance organizations which will serve medically underserved populations.

Source credit: (July 1, 1944, ch. 373, title XIII, § 1305, as added Pub. L. 93–222, § 2, Dec. 29, 1973, 87 Stat. 924; amended Pub. L. 93–641, § 8, Jan. 4, 1975, 88 Stat. 2276; Pub. L. 94–273, § 2(21), Apr. 21, 1976, 90 Stat. 376; Pub. L. 94–460, title I, §§ 107(c), 108(c), (d)(2), 109(a)(1), (2), 113(b), Oct. 8, 1976, 90 Stat. 1949, 1953; Pub. L. 95–559, §§ 2(b), 4(a), (b), Nov. 1, 1978, 92 Stat. 2131, 2132; Pub. L. 96–32, § 2(d), July 10, 1979, 93 Stat. 82; Pub. L. 97–35, title IX, §§ 943(a)–(c), 947(c), Aug. 13, 1981, 95 Stat. 576, 577; Pub. L. 99–660, title VIII, § 804(a), Nov. 14, 1986, 100 Stat. 3800.)

history & why it existsrecord from the source credit
  • 1944Enacted · Pub. L. 93-222 · 87 Stat. 924
  • 1975Amended · Pub. L. 93-641 · 88 Stat. 2276
  • 1976Amended · Pub. L. 94-273 · 90 Stat. 376
  • 1976Amended · Pub. L. 94-460 · 90 Stat. 1949, 1953
  • 1978Amended · Pub. L. 95-559 · 92 Stat. 2131, 2132
  • 1979Amended · Pub. L. 96-32 · 93 Stat. 82
  • 1981Amended · Pub. L. 97-35 · 95 Stat. 576, 577
  • 1986Amended · Pub. L. 99-660 · 100 Stat. 3800

A history note hasn’t been published yet. The record shows enactment by Pub. L. 93-222 on 1944-07-01.

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