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42 U.S.C. § 300s–3Definitions

submitted 82 years ago by Pub. L. 93-641 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 1,012 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section defines the key terms used throughout this subchapter, like "hospital," "public health center," "medical facility," and "urban or rural poverty area." These definitions set exactly which facilities, costs, and areas qualify for the subchapter's loans and grants.

(1) "Hospital" includes general, tuberculosis, and other hospitals, plus related facilities run alongside them — labs, outpatient departments, nurses' homes, extended care facilities, home-health-service facilities, self-care units, central service facilities, and training facilities for health professionals. It does not include a hospital that mainly provides domiciliary (custodial, non-medical) care. (2) "Public health center" means a publicly owned facility that provides public health services, plus related publicly owned facilities like labs, clinics, and administrative offices run alongside it. (3) "Nonprofit," applied to a facility, means it's owned and run by one or more nonprofit corporations or associations, none of whose earnings may legally benefit any private shareholder or individual. (4) "Outpatient medical facility" means a facility, inside or outside a hospital, for diagnosing or diagnosing and treating ambulatory patients (including ambulatory inpatients), that either (A) operates in connection with a hospital, (B) has patient care supervised by state-licensed physicians or surgeons — or, for dental care, state-licensed dentists — or (C) offers patients not needing hospitalization the services of licensed physicians across various specialties, with a reasonably full range of diagnosis and treatment. (5) "Rehabilitation facility" means a facility whose main purpose is helping disabled people through an integrated program of (A) medical evaluation and services, and (B) psychological, social, or vocational evaluation and services, under qualified professional supervision, where most of the required evaluation and services happen inside the facility itself, and where the facility is either connected to a hospital or has all its medical and related services directed by state-licensed physicians or surgeons. (6) "Facility for long-term care" means a facility — including a skilled nursing or intermediate care facility — that provides inpatient care to convalescent or chronic-disease patients needing skilled nursing, intermediate care, or related medical services, where the facility either (A) is a hospital (other than one mainly for mentally ill or tuberculosis patients) or is connected to one, or (B) has its care and medical services prescribed or directed by state-licensed physicians or surgeons. (7) "Construction" means building new buildings and their initial equipment — including architects' fees — and, when it will bring a new service to the community, equipping any building. It excludes the cost of off-site improvements and, except for public health centers, the cost of buying land. (8) "Cost," for construction, modernization, or conversion, means whatever amount the Secretary finds necessary for that work — except that for a modernization project, or a project assisted under part B, it never includes any amount the Secretary attributes to expanding a facility's bed capacity. (9) "Modernization" includes altering, expanding, majorly repairing (as regulations allow), remodeling, replacing, and renovating existing buildings — including their initial equipment — and replacing their obsolete equipment. (10) "Title," for a project site, means a fee-simple ownership, or another interest (like a lease with rent no more than 4 percent of the land's value) that the Secretary finds sufficient to guarantee at least 25 years of undisturbed use for construction, modernization, or conversion, plus operating the project for at least (A) 20 years for a project funded by an allotment or grant, or (B) however long a loan or loan guarantee's repayment period runs, for a project funded that way. (11) "Medical facility" means a hospital, public health center, outpatient medical facility, rehabilitation facility, facility for long-term care, or any other facility the Secretary designates, that provides health care to ambulatory patients. (12) "State Agency" means the state health planning and development agency designated under subchapter XIII. (13) "Urban or rural poverty area" means a geographic area the Secretary defines where a set percentage of residents live below the poverty line (as the Secretary of Commerce defines it). The Secretary must set that percentage so that the share of the U.S. population living in these poverty areas is (A) no more than the national poverty rate plus 5 percentage points, and (B) no less than the national poverty rate minus 5 percentage points. (14) "Medically underserved population" means the population of an area, or a specific population group, that the Secretary designates as having a shortage of health facilities.
the actual law source: uscode.house.gov ↗public domain

Except as provided in section 300t–12(e) of this title, for purposes of this subchapter—

(1)

The term “hospital” includes general, tuberculosis, and other types of hospitals, and related facilities, such as laboratories, outpatient departments, nurses’ home facilities, extended care facilities, facilities related to programs for home health services, self-care units, and central service facilities, operated in connection with hospitals, and also includes education or training facilities for health professonal 1 personnel operated as an integral part of a hospital, but does not include any hospital furnishing primarily domiciliary care.

(2)

The term “public health center” means a publicly owned facility for the provision of public health services, including related publicly owned facilities such as laboratories, clinics, and administrative offices operated in connection with such a facility.

(3)

The term “nonprofit” as applied to any facility means a facility which is owned and operated by one or more nonprofit corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual.

(4)

The term “outpatient medical facility” means a medical facility (located in or apart from a hospital) for the diagnosis or diagnosis and treatment of ambulatory patients (including ambulatory inpatients)—

(A)

which is operated in connection with a hospital,

(B)

in which patient care is under the professional supervision of persons licensed to practice medicine or surgery in the State, or in the case of dental diagnosis or treatment, under the professional supervision of persons licensed to practice dentistry in the State; or

(C)

which offers to patients not requiring hospitalization the services of licensed physicians in various medical specialties, and which provides to its patients a reasonably full-range of diagnostic and treatment services.

(5)

The term “rehabilitation facility” means a facility which is operated for the primary purpose of assisting in the rehabilitation of disabled persons through an integrated program of—

(A)

medical evaluation and services, and

(B)

psychological, social, or vocational evaluation and services,

under competent professional supervision, and in the case of which the major portion of the required evaluation and services is furnished within the facility; and either the facility is operated in connection with a hospital, or all medical and related health services are prescribed by, or are under the general direction of, persons licensed to practice medicine or surgery in the State.

(6)

The term “facility for long-term care” means a facility (including a skilled nursing or intermediate care facility) providing in-patient care for convalescent or chronic disease patients who required skilled nursing or intermediate care and related medical services—

(A)

which is a hospital (other than a hospital primarily for the care and treatment of mentally ill or tuberculous patients) or is operated in connection with a hospital, or

(B)

in which such care and medical services are prescribed by, or are performed under the general direction of, persons licensed to practice medicine or surgery in the State.

(7)

The term “construction” means construction of new buildings and initial equipment of such buildings and, in any case in which it will help to provide a service not previously provided in the community, equipment of any buildings; including architects’ fees, but excluding the cost of off-site improvements and, except with respect to public health centers, the cost of the acquisition of land.

(8)

The term “cost” as applied to construction, modernization, or conversion means the amount found by the Secretary to be necessary for construction, modernization, or conversion, respectively, under a project, except that, in the case of a modernization project or a project assisted under part B, such term does not include any amount found by the Secretary to be attributable to expansion of the bed capacity of any facility.

(9)

The term “modernization” includes the alteration, expansion, major repair (to the extent permitted by regulations), remodeling, replacement, and renovation of existing buildings (including initial equipment thereof), and the replacement of obsolete equipment of existing buildings.

(10)

The term “title,” 2 when used with reference to a site for a project, means a fee simple, or such other estate or interest (including a leasehold on which the rental does not exceed 4 per centum of the value of the land) as the Secretary finds sufficient to assure for a period of not less than twenty-five years’ undisturbed use and possession for the purposes of construction, modernization, or conversion and operation of the project for a period of not less than (A) twenty years in the case of a project assisted under an allotment or grant under this subchapter, or (B) the term of repayment of a loan made or guaranteed under this subchapter in the case of a project assisted by a loan or loan guarantee.

(11)

The term “medical facility” means a hospital, public health center, outpatient medical facility, rehabilitation facility, facility for long-term care, or other facility (as may be designated by the Secretary) for the provision of health care to ambulatory patients.

(12)

The term “State Agency” means the State health planning and development agency of a State designated under subchapter XIII.3

(13)

The term “urban or rural poverty area” means an urban or rural geographical area (as defined by the Secretary) in which a percentage (as defined by the Secretary in accordance with the next sentence) of the residents of the area have incomes below the poverty level (as defined by the Secretary of Commerce). The percentage referred to in the preceding sentence shall be defined so that the percentage of the population of the United States residing in urban and rural poverty areas is—

(A)

not more than the percentage of the total population of the United States with incomes below the poverty level (as so defined) plus five per centum, and

(B)

not less than such percentage minus five per centum.

(14)

The term “medically underserved population” means the population of an urban or rural area designated by the Secretary as an area with a shortage of health facilities or a population group designated by the Secretary as having a shortage of such facilities.

Source credit: (July 1, 1944, ch. 373, title XVI, § 1624, formerly § 1633, as added Pub. L. 93–641, § 4, Jan. 4, 1975, 88 Stat. 2270; amended Pub. L. 94–484, title IX, § 905(b)(1), Oct. 12, 1976, 90 Stat. 2325; Pub. L. 95–83, title I, § 106(z), Aug. 1, 1977, 91 Stat. 386; renumbered § 1624 and amended Pub. L. 96–79, title II, §§ 202(b), 203(e)(1), title III, § 301(b), Oct. 4, 1979, 93 Stat. 632, 635, 640.)

history & why it existsrecord from the source credit
  • 1944Enacted · Pub. L. 93-641 · 88 Stat. 2270
  • 1976Amended · Pub. L. 94-484 · 90 Stat. 2325
  • 1977Amended · Pub. L. 95-83 · 91 Stat. 386
  • 1979Amended · Pub. L. 96-79 · 93 Stat. 632, 635, 640

A history note hasn’t been published yet. The record shows enactment by Pub. L. 93-641 on 1944-07-01.

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