42 U.S.C. § 300s–1 — Medical facility project applications

submitted 82 years ago by Pub. L. 96-79 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 847 words · no verdicts yet

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No loan, loan guarantee, or grant for a medical facility project can happen until the Secretary approves a written application. That application must show the project is needed, describe the site and plans, promise fair wages and adequate financing, and guarantee the facility will serve everyone in its area, including people who can't pay. The Secretary can waive a few requirements for small modernization loans of $20,000 or less at outpatient facilities serving underserved populations.

(a) Submissions. No loan, loan guarantee, or grant under part A or B can be made for a medical facilities project unless someone has submitted an application and the Secretary has approved it. If two or more entities are working together on a project, any one of them, or all of them together, can file the application. (b) Form; required provisions; waiver; projects subject to requirements. (1) The application must be submitted in whatever form the Secretary's regulations require, and — except where paragraph (2) allows a waiver — must include: (A) for a modernization project continuing existing services, the State Agency's finding that the services are still needed; for any other project, the State Agency's finding that the new services are needed; (B) for a grant application, assurance that (i) the applicant can't finish the project without the grant, and (ii) if it's a new facility, converting an existing facility instead wouldn't make sense; (C) for a project discontinuing or converting a service or facility, an evaluation of how that will affect health care in the area; (D) a description of the project's site; (E) plans and specifications meeting the standards set under section 300s(2); (F) reasonable assurance that title to the site belongs, or will belong, to an applicant or to a public or nonprofit entity that will run the finished facility; (G) reasonable assurance that the project will have enough money to be completed, maintained, and operated — federal assistance to a poverty-area facility, or benefits reaching patients there, counts toward this assurance; (H) which kind of assistance (part A or B) is being requested; (I) reasonable assurance that construction workers will be paid locally prevailing wages, as the Secretary of Labor determines under sections 3141–3144, 3146, and 3147 of title 40; (J) for an outpatient facility project, reasonable assurance that a general hospital's services will be available to patients there who need hospital care; and (K) reasonable assurance that, after approval, (i) the facility will be open to everyone living or working in its service area, and (ii) it will provide a reasonable amount of free or reduced-cost care to people who can't pay, with the Secretary weighing what's financially feasible. (2)(A) The Secretary may waive (i) the modernization and equipment standards under section 300s(2) required by paragraph (1)(D), and (ii) the site-title assurance required by paragraph (1)(E), for the kind of project described in subparagraph (B). (B) That's a project (i) to modernize an outpatient facility that offers general health services, isn't part of a hospital, and serves a medically underserved population as defined in section 300s–3 or designated by a health systems agency, and (ii) for which the applicant is seeking a part A loan of no more than $20,000.

the actual law source: uscode.house.gov ↗public domain

(a) Submissions

No loan, loan guarantee, or grant may be made under part A or B for a medical facilities project unless an application for such project has been submitted to and approved by the Secretary. If two or more entities join in a project, an application for such project may be filed by any of such entities or by all of them.

(b) Form; required provisions; waiver; projects subject to requirements

(1)

An application for a medical facilities project shall be submitted in such form and manner as the Secretary shall by regulation prescribe and shall, except as provided in paragraph (2), set forth—

(A)

in the case of a modernization project for a medical facility for continuation of existing health services, a finding by the State Agency of a continued need for such services, and, in the case of any other project for a medical facility, a finding by the State Agency of the need for the new health services to be provided through the medical facility upon completion of the project;

(B)

in the case of an application for a grant, assurances satisfactory to the Secretary that (i) the applicant making the application would not be able to complete the project for which the application is submitted without the grant applied for, and (ii) in the case of a project to construct a new medical facility, it would be inappropriate to convert an existing medical facility to provide the services to be provided through the new medical facility;

(C)

in the case of a project for the discontinuance of a service or facility or the conversion of a service or a facility, an evaluation of the impact of such discontinuance or conversion on the provision of health care in the health service area in which such service was provided or facility located;

(D)

a description of the site of such project;

(E)

plans and specifications therefor which meet the requirements of the regulations prescribed under section 300s(2) of this title;

(F)

reasonable assurance that title to such site is or will be vested in one or more of the entities filing the application or in a public or other nonprofit entity which is to operate the facility on completion of the project;

(G)

reasonable assurance that adequate financial support will be available for the completion of the project and for its maintenance and operation when completed, and, for the purpose of determining if the requirements of this subparagraph are met, Federal assistance provided directly to a medical facility which is located in an area determined by the Secretary to be an urban or rural poverty area or through benefits provided individuals served at such facility shall be considered as financial support;

(H)

the type of assistance being sought under part A or B for the project;

(I)

reasonable assurance that all laborers and mechanics employed by contractors or subcontractors in the performance of work on a project will be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with sections 3141–3144, 3146, and 3147 of title 40, and the Secretary of Labor shall have with respect to such labor standards the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 FR 3176; 5 U.S.C. Appendix) and section 3145 of title 40;

(J)

in the case of a project for the construction or modernization of an outpatient facility, reasonable assurance that the services of a general hospital will be available to patients at such facility who are in need of hospital care; and

(K)

reasonable assurance that at all times after such application is approved (i) the facility or portion thereof to be constructed, modernized, or converted will be made available to all persons residing or employed in the area served by the facility, and (ii) there will be made available in the facility or portion thereof to be constructed, modernized, or converted a reasonable volume of services to persons unable to pay therefor and the Secretary, in determining the reasonableness of the volume of services provided, shall take into consideration the extent to which compliance is feasible from a financial viewpoint.

(2)

(A)

The Secretary may waive—

(i)

the requirements of subparagraph (D) of paragraph (1) for compliance with modernization and equipment standards prescribed pursuant to section 300s(2) of this title, and

(ii)

the requirement of subparagraph (E) of paragraph (1) respecting title to a project site,

in the case of an application for a project described in subparagraph (B) of this paragraph.

(B)

A project referred to in subparagraph (A) is a project—

(i)

for the modernization of an outpatient medical facility which will provide general purpose health services, which is not part of a hospital, and which will serve a medically underserved population as defined in section 300s–3 of this title or as designated by a health systems agency, and

(ii)

for which the applicant seeks a loan under part A the principal amount of which does not exceed $20,000.

Source credit: (July 1, 1944, ch. 373, title XVI, § 1621, as added Pub. L. 96–79, title II, § 202(b), Oct. 4, 1979, 93 Stat. 633.)

history & why it existsrecord from the source credit

1944Enacted · Pub. L. 96-79 · 93 Stat. 633

A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-79 on 1944-07-01.

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