42 U.S.C. § 300s–6 — Enforcement of assurances
submitted 82 years ago by Pub. L. 96-79 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 214 words · no verdicts yet
The Secretary must periodically check whether entities that got or are getting help under this subchapter — or under subchapter IV — are keeping the assurances they promised when they took the money. If an entity isn't complying, the Secretary must report it to the local health systems agency and State Agency, and take legal action to force compliance, including suing for specific performance through the Attorney General. A private person can only sue over this if they first complained to the Secretary and got no result within six months.
The Secretary* shall investigate and ascertain, on a periodic basis, with respect to each entity which is receiving financial assistance under this subchapter or which has received financial assistance under subchapter IV or this subchapter, the extent of compliance by such entity with the assurances required to be made at the time such assistance was received. If the Secretary finds that such an entity has failed to comply with any such assurance, the Secretary shall report such noncompliance to the health systems agency for the health service* area in which such entity is located and the State* health planning and development agency of the State in which the entity is located and shall take any action authorized by law (including an action for specific performance brought by the Attorney General upon request of the Secretary) which will effect compliance by the entity with such assurances. An action to effectuate compliance with any such assurance may be brought by a person other than the Secretary only if a complaint has been filed by such person with the Secretary and the Secretary has dismissed such complaint or the Attorney General has not brought a civil action for compliance with such assurance within six months after the date on which the complaint was filed with the Secretary.
Source credit: (July 1, 1944, ch. 373, title XVI, § 1627, as added Pub. L. 96–79, title II, § 202(c), Oct. 4, 1979, 93 Stat. 634.)
- 1944Enacted · Pub. L. 96-79 · 93 Stat. 634
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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