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42 U.S.C. § 300s–6Enforcement 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

in plain englishAI-generated · not legal advice

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 must periodically investigate whether each entity that is receiving, or has received, financial assistance under subchapter IV or this subchapter is actually keeping the assurances it made when it got that money. If the Secretary finds noncompliance, the Secretary must report it to the health systems agency for that area and to the State Agency, and take any legal action available — including having the Attorney General sue for specific performance at the Secretary's request — to force compliance. Someone other than the Secretary can only sue to enforce an assurance if they first filed a complaint with the Secretary, and either the Secretary dismissed it or the Attorney General didn't sue within six months of the complaint being filed.
the actual law source: uscode.house.gov ↗public domain

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.)

history & why it existsrecord from the source credit
  • 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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