r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE wiki — defined terms
The statute’s own glossary: every term Title 42 defines, in section order.
“institution of higher education” applies in that section
The term “institution of higher education” has the meaning given to such term in section 1002 of title 20 .
“parent” applies in that section
The terms “elementary school”, “parent”, and “secondary school” have the meanings given to such terms in section 7801 of title 20 .;
“secondary school” applies in that section
The terms “elementary school”, “parent”, and “secondary school” have the meanings given to such terms in section 7801 of title 20 .;
“emergency services personnel” applies in that section
the term “emergency services personnel” includes paramedics, firefighters, and emergency medical technicians. (3) Distribution of awards The Secretary shall ensure that such grants awarded under this subsection are equitably distributed among the geographical regions of the United States and between urban and rural populations.
“bidirectional integrated care” applies in that section
The term “bidirectional integrated care” means the integration of behavioral health care and specialty physical health care, and the integration of primary and physical health care within specialty behavioral health settings, including within primary health care settings. (3) Psychiatric collaborative care model
“eligible entity” applies in that section
The term “eligible entity” means a State, or an appropriate State agency, in collaboration with— (A) 1 or more qualified community programs as described in section 300x–2(b)(1) of this title ; or (B) 1 or more health centers (as defined in section 254b(a) of this title ), rural health clinics (as defined in section 1395x(aa) of this title ), or Federally qualified health centers (as defined in such section), or primary care practices serving adult or pediatric patients or both. (2) Integrated care; bidirectional integrated care;
“integrated care” applies in that section
The term “integrated care” means collaborative models, including the psychiatric collaborative care model and other evidence-based or evidence-informed models, or practices for coordinating and jointly delivering behavioral and physical health services, which may include practices that share the same space in the same facility.;
“psychiatric collaborative care model” applies in that section
The term “psychiatric collaborative care model” means the evidence-based, integrated behavioral health service delivery method that includes— (A) care directed by the primary care team; (B) structured care management; (C) regular assessments of clinical status using developmentally appropriate, validated tools; and (D) modification of treatment as appropriate. (4) Special population
“special population” applies in that section
The term “special population” means— (A) adults with a serious mental illness or adults who have co-occurring mental illness and physical health conditions or chronic disease; (B) children and adolescents with a serious emotional disturbance who have a co-occurring physical health condition or chronic disease; (C) individuals with a substance use disorder; or (D) individuals with a mental illness who have a co-occurring substance use disorder. (b) Grants and cooperative agreements (1) In general The Secretary may award grants and cooperative agreements to eligible entities to support the improvement of integrated care for physical and behavioral health care in accordance with paragraph (2).
“eligible entity” applies in that section
The term “eligible entity” means— (i) a local educational agency, or a consortium of local educational agencies, that is seeking to establish or expand substance use prevention or recovery support services at one or more secondary schools; (ii) a State educational agency; (iii) an institution of higher education (or consortia of such institutions), which may include a recovery program at an institution of higher education; (iv) a local board or one-stop operator; (v) a nonprofit organization with appropriate expertise in providing services or programs for children, adolescents, or young adults, excluding a school; (vi) a State, political subdivision of a State, Indian Tribe, or Tribal …
“foster care” applies in that section
The term “foster care” has the meaning given such term in section 1355.20(a) of title 45, Code of Federal Regulations (or any successor regulations). (C) High school
“high school” applies in that section
The term “high school” has the meaning given such term in section 7801 of title 20 . (D) Homeless youth
“homeless youth” applies in that section
The term “homeless youth” has the meaning given the term “homeless children or youths” in section 11434a of this title . (E) Indian Tribe; Tribal organization
“Indian Tribe” applies in that section
The terms “Indian Tribe” and “Tribal organization” have the meanings given such terms in section 5304 of title 25 . (F) Institution of higher education
“institution of higher education” applies in that section
The term “institution of higher education” has the meaning given such term in section 1001 of title 20 and includes a “postsecondary vocational institution” as defined in section 1002(c) of such title. (G) Local educational agency
“local board” applies in that section
The terms “local board” and “one-stop operator” have the meanings given such terms in section 3102 of title 29 . (I) Out-of-school youth
“local educational agency” applies in that section
The term “local educational agency” has the meaning given such term in section 7801 of title 20 . (H) Local board; one-stop operator
“one-stop operator” applies in that section
The terms “local board” and “one-stop operator” have the meanings given such terms in section 3102 of title 29 . (I) Out-of-school youth
“out-of-school youth” applies in that section
The term “out-of-school youth” has the meaning given such term in section 3164(a)(1)(B) of title 29 . (J) Recovery program
“recovery program” applies in that section
The term “recovery program” means a program— (i) to help children, adolescents, or young adults who are recovering from substance use disorders to initiate, stabilize, and maintain healthy and productive lives in the community; and (ii) that includes peer-to-peer support delivered by individuals with lived experience in recovery, and communal activities to build recovery skills and supportive social networks. (K) Secondary school
“secondary school” applies in that section
The term “secondary school” has the meaning given such term in section 7801 of title 20 . (L) State educational agency
“State educational agency” applies in that section
The term “State educational agency” has the meaning given such term in section 7801 of title 20 . (3) Best practices The Secretary, in consultation with the Secretary of Education, shall— (A) identify or facilitate the development of evidence-based best practices for prevention of substance misuse by children, adolescents, and young adults, including for specific populations at increased risk for substance misuse such as youth in foster care, homeless youth, out-of-school youth, and youth who are at risk of or have experienced trafficking that address— (i) primary prevention, which may include strategies to increase education and awareness of the potency and dangers of synthetic opioids …
“Tribal organization” applies in that section
The terms “Indian Tribe” and “Tribal organization” have the meanings given such terms in section 5304 of title 25 . (F) Institution of higher education
“transformative health technology” applies in that section
the term “transformative health technology” means a novel, broadly applicable capability or technology— (1) that has potential to revolutionize the detection, diagnosis, mitigation, prevention, cure, or treatment of a disease or health condition that can cause severe health outcomes and which is an area of currently unmet need; and (2) for which— (A) significant scientific or technical challenges exist; or (B) incentives in the commercial market are unlikely to result in the adequate or timely development of such capability or technology.
“eligible homeless individual” applies throughout its part
The term “eligible homeless individual” means an individual described in section 290cc–22(a) of this title . (2) Homeless individual
“homeless individual” applies throughout its part
The term “homeless individual” has the meaning given such term in section 254b(h)(5) of this title . (3) State
“State” applies throughout its part
The term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (4) Substance use disorder services
“substance use disorder services” applies throughout its part
The term “substance use disorder services” has the meaning given the term “substance abuse services” in section 254b(h)(5)(C) 1 of this title.
“breach” applies in that section
The term “breach” has the meaning given such term for purposes of the HIPAA regulations. (2) Business associate
“business associate” applies in that section
The term “business associate” has the meaning given such term for purposes of the HIPAA regulations. (3) Covered entity
“covered entity” applies in that section
The term “covered entity” has the meaning given such term for purposes of the HIPAA regulations. (4) Health care operations
“health care operations” applies in that section
The term “health care operations” has the meaning given such term for purposes of the HIPAA regulations. (5) HIPAA regulations
“HIPAA regulations” applies in that section
The term “HIPAA regulations” has the meaning given such term for purposes of parts 160 and 164 of title 45, Code of Federal Regulations. (6) Payment
“payment” applies in that section
The term “payment” has the meaning given such term for purposes of the HIPAA regulations. (7) Public health authority
“public health authority” applies in that section
The term “public health authority” has the meaning given such term for purposes of the HIPAA regulations. (8) Treatment
“treatment” applies in that section
The term “treatment” has the meaning given such term for purposes of the HIPAA regulations. (9) Unsecured protected health information
“unprotected 1 health information” applies in that section
The term “unprotected 1 health information” has the meaning given such term for purposes of the HIPAA regulations.
“eligible entity” applies in that section
the term “eligible entity” means a State, Territory, locality, or Indian Tribe or Tribal organization (as those terms are defined in section 5304 of title 25 ). (3) Subgrants For the purposes for which a grant is awarded under this section, the eligible entity receiving the grant may award subgrants to a Federally qualified health center (as defined in section 1395x(aa) of this title ), an opioid treatment program (as defined in section 8.2 of title 42, Code of Federal Regulations (or any successor regulations)), any practitioner dispensing narcotic drugs for the purpose of maintenance or detoxification treatment, or any nonprofit organization that the Secretary deems appropriate, which may …
“prescribing” applies in that section
the term “prescribing” means, with respect to a drug or device approved, cleared, or otherwise legally marketed under the Federal Food, Drug, and Cosmetic Act for emergency treatment of known or suspected opioid overdose, the practice of prescribing such drug or device— (A) in conjunction with an opioid prescription for patients at an elevated risk of overdose, including patients prescribed both an opioid and a benzodiazepine; (B) in conjunction with an opioid agonist approved under section 505 of the Federal Food, Drug, and Cosmetic Act [ 21 U.S.C.
“eligible entity” applies in that section
the term “eligible entity” means— (A) a State substance abuse agency; (B) an Indian Tribe or tribal organization; or (C) an entity that offers treatment or other services for individuals in response to, or following, drug overdoses or a drug overdose, such as an emergency department, in consultation with a State substance abuse agency.
“Indian Tribe” applies in that section
The terms “Indian Tribe” and “tribal organization” have the meanings given the terms “Indian tribe” and “tribal organization” in section 5304 of title 25 . (2) Recovery coach the 1
“recovery coach” applies in that section
term “recovery coach” means an individual— (A) with knowledge of, or experience with, recovery from a substance use disorder; and (B) who has completed training from, and is determined to be in good standing by, a recovery services organization capable of conducting such training and making such determination. (3) Recovery community organization
“recovery community organization” applies in that section
The term “recovery community organization” has the meaning given such term in section 290ee–2(a) of this title . (d) Reporting Requirements (1) Reports by grantees Each eligible entity awarded a grant under this section shall submit to the Secretary an annual report for each year for which the entity has received such grant that includes information on— (A) the number of individuals treated by the entity for non-fatal overdoses, including the number of non-fatal overdoses where overdose reversal medication was administered; (B) the number of individuals administered medication-assisted treatment by the entity; (C) the number of individuals referred by the entity to other treatment …
“tribal organization” applies in that section
The terms “Indian Tribe” and “tribal organization” have the meanings given the terms “Indian tribe” and “tribal organization” in section 5304 of title 25 . (2) Recovery coach the 1
“standing order” applies in that section
the term “standing order” means a document prepared by a person authorized to prescribe medication that permits another person to acquire, dispense, or administer medication without a person-specific prescription. (h) Authorization of appropriations (1) In general To carry out this section, there are authorized to be appropriated $5,000,000 for the period of fiscal years 2023 through 2027. (2) Administrative costs Not more than 3 percent of the amounts made available to carry out this section may be used by the Secretary for administrative expenses of carrying out this section.
“other key community sectors” applies in that section
the term “other key community sectors” includes substance use disorder treatment providers, emergency medical services agencies, agencies and organizations working with prison and jail populations and offender reentry programs, health care providers, harm reduction groups, pharmacies, community health centers, tribal health facilities, and mental health providers. (h) Authorization of appropriations To carry out this section, there are authorized to be appropriated $57,000,000 for each of fiscal years 2026 through 2030.
“emergency medical services” applies in that section
The term “emergency medical services”— (A) means resources used by a public or private nonprofit licensed entity to deliver medical care outside of a medical facility under emergency conditions that occur as a result of the condition of the patient; and (B) includes services delivered (either on a compensated or volunteer basis) by an emergency medical services provider or other provider that is licensed or certified by the State involved as an emergency medical technician, a paramedic, or an equivalent professional (as determined by the State).;
“rural area” applies in that section
The term “rural area” means— (A) a nonmetropolitan statistical area; (B) an area designated as a rural area by any law or regulation of a State; or (C) a rural census tract of a metropolitan statistical area (as determined under the most recent rural urban commuting area code as set forth by the Office of Management and Budget). (f) Authorization of appropriations (1) In general There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2024 through 2028.
“recovery community organization” applies in that section
the term “recovery community organization” means an independent nonprofit organization that— (1) mobilizes resources within and outside of the recovery community, which may include through a peer support network, to increase the prevalence and quality of long-term recovery from substance use disorders; and (2) is wholly or principally governed by people in recovery for substance use disorders who reflect the community served. (b) Grants authorized The Secretary shall award grants to recovery community organizations to enable such organizations to develop, expand, and enhance recovery services.
“recovery community organization” applies in that section
the term “recovery community organization” has the meaning given such term in section 290ee–2 of this title . (f) Authorization of appropriations There is authorized to be appropriated to carry out this section $2,000,000 for each of fiscal years 2026 through 2030.
“dispenser” applies in that section
The term “dispenser” has the meaning given the term in section 802 of title 21 . (2) Prescriber
“prescriber” applies in that section
The term “prescriber” means a dispenser who prescribes a controlled substance, or the agent of such a dispenser. (3) Prescriber of a schedule II, III, or IV controlled substance The term “prescriber of a schedule II, III, or IV controlled substance” does not include a prescriber of a schedule II, III, or IV controlled substance that dispenses the substance— (A) for use on the premises on which the substance is dispensed; (B) in a hospital emergency room, when the substance is in short supply; (C) for a certified opioid treatment program; or (D) in other situations as the Secretary may reasonably determine. (4) Schedule II, III, or IV controlled substance
“schedule II, III, or IV controlled substance” applies in that section
The term “schedule II, III, or IV controlled substance” means a controlled substance that is listed on schedule II, schedule III, or schedule IV of section 812(c) of title 21 . (b) Grants for comprehensive opioid abuse response (1) In general The Secretary shall award grants to States, and combinations of States, to implement an integrated opioid abuse response initiative.
“Indian Tribe” applies in that section
The term “Indian Tribe” has the meaning given the term “Indian tribe” in section 5304 of title 25 . (2) Tribal organization
“State” applies in that section
The term “State” has the meaning given such term in section 300x–64(b) of this title . (4) Urban Indian organization
“Tribal organization” applies in that section
The term “Tribal organization” has the meaning given the term “tribal organization” in section 5304 of title 25 . (3) State
“Urban Indian organization” applies in that section
The term “Urban Indian organization” has the meaning given such term in section 1603 of title 25 . (i) Authorization of appropriations (1) In general For purposes of carrying out the grant program under subsection (b), there is authorized to be appropriated $1,750,000,000 for each of fiscal years 2023 through 2027. (2) Federal administrative expenses Of the amounts made available for each fiscal year to award grants under subsection (b), the Secretary shall not use more than 2 percent for Federal administrative expenses, training, technical assistance, and evaluation.
“institution of higher education” applies in that section
the term “institution of higher education” has the meaning given such term in section 1001 of title 20 . (f) Authorization of appropriations To carry out this section, there are authorized to be appropriated $1,000,000 for the period of fiscal years 2023 through 2027.
“Indian Tribe” applies in that section
The terms “Indian Tribe” and “Tribal organization” have the meanings given those terms in section 5304 of title 25 .;
“recovery housing” applies in that section
The term “recovery housing” means a shared living environment free from alcohol and illicit drug use and centered on peer support and connection to services that promote sustained recovery from substance use disorders.;
“Tribal organization” applies in that section
The terms “Indian Tribe” and “Tribal organization” have the meanings given those terms in section 5304 of title 25 .;
“tribally designated housing entity” applies in that section
The term “tribally designated housing entity” has the meaning given that term in section 4103 of title 25 . (i) Authorization of appropriations To carry out this section, there is authorized to be appropriated $5,000,000 for the period of fiscal years 2023 through 2027.
“eligible entity” applies in that section
The term “eligible entity” means an entity that offers treatment or recovery services for individuals with substance use disorders, and partners with one or more local or State stakeholders, which may include local employers, community organizations, the local workforce development board, local and State governments, and Indian Tribes or tribal organizations, to support recovery, independent living, and participation in the workforce. (2) Indian Tribes; tribal organization
“Indian Tribe” applies in that section
The terms “Indian Tribe” and “tribal organization” have the meanings given the terms “Indian tribe” and “tribal organization” in section 5304 of title 25 . (3) State
“State” applies in that section
The term “State” includes only the several States and the District of Columbia. (f) Applications An eligible entity shall submit an application at such time and in such manner as the Secretary may require.
“tribal organization” applies in that section
The terms “Indian Tribe” and “tribal organization” have the meanings given the terms “Indian tribe” and “tribal organization” in section 5304 of title 25 . (3) State
“public entity” applies throughout its part
the term “public entity” means any State, any political subdivision of a State, and any Indian tribe or tribal organization (as defined in section 5304(b) and section 5304(c) 1 of title 25). (b) Considerations in making grants (1) Requirement of status as grantee under part B of subchapter XVII The Secretary may make a grant under subsection (a) to a public entity only if— (A) in the case of a public entity that is a State, the State is a grantee under section 300x of this title ; (B) in the case of a public entity that is a political subdivision of a State, the State in which the political subdivision is located is such a grantee; and (C) in the case of a public entity that is an Indian …
“child” applies throughout its part
The term “child” means an individual through the age of 21 years. (2) The term “family”, with respect to a child provided access to a system of care under section 290ff–1(a) of this title , means— (A) the legal guardian of the child; and (B) as appropriate regarding mental health services for the child, the parents of the child (biological or adoptive, as the case may be), kinship caregivers of the child, and any foster parents of the child. (3) The term “funding agreement”, with respect to a grant under section 290ff(a) of this title to a public entity, means that the Secretary may make such a grant only if the public entity makes the agreement involved.;
“serious emotional disturbance” applies throughout its part
The term “serious emotional disturbance” includes, with respect to a child, any child who has a serious emotional disorder, a serious behavioral disorder, or a serious mental disorder. (e) Rule of construction Nothing in this part shall be construed as limiting the rights of a child with a serious emotional disturbance under the Individuals with Disabilities Education Act [ 20 U.S.C. 1400 et seq.]. (f) Funding (1) Authorization of appropriations For the purpose of carrying out this part, there are authorized to be appropriated $125,000,000 for each of fiscal years 2023 through 2027.
“physical escort” applies in that section
The term “physical escort” means the temporary touching or holding of the hand, wrist, arm, shoulder or back for the purpose of inducing a resident who is acting out to walk to a safe location. (4) Time out
“restraints” applies in that section
The term “restraints” means— (A) any physical restraint that is a mechanical or personal restriction that immobilizes or reduces the ability of an individual to move his or her arms, legs, or head freely, not including devices, such as orthopedically prescribed devices, surgical dressings or bandages, protective helmets, or any other methods that involves the physical holding of a resident for the purpose of conducting routine physical examinations or tests or to protect the resident from falling out of bed or to permit the resident to participate in activities without the risk of physical harm to the resident (such term does not include a physical escort); and (B) a drug or medication that …
“seclusion” applies in that section
The term “seclusion” means a behavior control technique involving locked isolation. Such term does not include a time out. (3) Physical escort
“time out” applies in that section
The term “time out” means a behavior management technique that is part of an approved treatment program and may involve the separation of the resident from the group, in a non-locked setting, for the purpose of calming. Time out is not seclusion.
“facility” applies in that section
the term “facility” has the meaning given the term “facilities” in section 102(3) of the Protection and Advocacy for Mentally Ill Individuals Act of 1986 1 ( 42 U.S.C. 10802(3) ).
“mechanical restraint” applies in that section
The term “mechanical restraint” means the use of devices as a means of restricting a resident’s freedom of movement. (2) Physical escort
“physical escort” applies in that section
The term “physical escort” means the temporary touching or holding of the hand, wrist, arm, shoulder or back for the purpose of inducing a resident who is acting out to walk to a safe location. (3) Physical restraint
“physical restraint” applies in that section
The term “physical restraint” means a personal restriction that immobilizes or reduces the ability of an individual to move his or her arms, legs, or head freely. Such term does not include a physical escort. (4) Seclusion
“seclusion” applies in that section
The term “seclusion” means a behavior control technique involving locked isolation. Such term does not include a time out. (5) Time out
“time out” applies in that section
The term “time out” means a behavior management technique that is part of an approved treatment program and may involve the separation of the resident from the group, in a non-locked setting, for the purpose of calming. Time out is not seclusion.
“designated program” applies throughout its part
The term “designated program” has the meaning given such term in subsection (a).;
“financial assistance” applies throughout its part
The term “financial assistance” means a grant, cooperative agreement, or contract.;
“program beneficiary” applies throughout its part
The term “program beneficiary” means an individual who receives program services.;
“program participant” applies throughout its part
The term “program participant” means a public or private entity that has received financial assistance under a designated program.;
“program services” applies throughout its part
The term “program services” means treatment for substance abuse, or preventive services regarding such abuse, provided pursuant to an award of financial assistance under a designated program.;
“religious organization” applies throughout its part
The term “religious organization” means a nonprofit religious organization.
“United States” applies throughout its part
The term “United States” means (but only for purposes of paragraphs (1) and (2)) the fifty States and the District of Columbia. (d) Availability of allotments in subsequent years (1) Any sum allotted to a State, other than the Virgin Islands, American Samoa, the Trust Territory of the Pacific Islands, and Guam for a fiscal year under this section and remaining unobligated at the end of such year shall remain available to such State, for the purpose for which made, for the next two fiscal years (and for such years only), in addition to the sums allotted to such State for such purposes for such next two fiscal years.
“construction” applies in that section
The term “construction” includes construction of new buildings, expansion, remodeling, and alteration of existing buildings, and initial equipment of any such buildings (including medical transportation facilities) 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.
“facility for long-term care” applies in that section
The term “facility for long-term care” means a facility (including an extended care facility) providing in-patient care for convalescent or chronic disease patients who require skilled nursing care and related medical services— (1) which is a hospital (other than a hospital primarily for the care and treatment of mentally ill or tuberculosis patients) or is operated in connection with a hospital, or (2) in which such nursing 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.;
“hospital” applies in that section
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 professions personnel operated as an integral part of a hospital, but does not include any hospital furnishing primarily domiciliary care.;
“modernization” applies in that section
The term “modernization” includes alteration, major repair (to the extent permitted by regulations), remodeling, replacement, and renovation of existing buildings (including initial equipment thereof), and replacement of obsolete, built-in (as determined in accordance with regulations) equipment of existing buildings.
“outpatient facility” applies in that section
The term “outpatient facility” means a facility (located in or apart from a hospital) for the diagnosis or diagnosis and treatment of ambulatory patients (including ambulatory inpatients)— (1) which is operated in connection with a hospital, or (2) 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 (3) which offers to patients not requiring hospitalization the services of licensed physicians in various medical specialties, and which provides to its patients a reasonably …
“public health center” applies in that section
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. (e) 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.;
“rehabilitation facility” applies in that section
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— (1) medical evaluation and services, and (2) psychological, social, or vocational evaluation and services, under competent professional supervision, and in the case of which— (3) the major portion of the required evaluation and services is furnished within the facility; and (4) either (A) the facility is operated in connection with a hospital, or (B) 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.;
“State” applies throughout its subchapter
The term “State” includes the Commonwealth of Puerto Rico, Guam, American Samoa, the Trust Territory of the Pacific Islands, the Virgin Islands, and the District of Columbia. (b) (1) The term “Federal share” with respect to any project means the proportion of the cost of such project to be paid by the Federal Government under this subchapter.
“active duty” applies in that section
The term “active duty” has the meaning given such term in section 101(18) of title 37 , except that such term does not include active duty for training.;
“Persian Gulf conflict” applies in that section
The term “Persian Gulf conflict” means the period beginning on August 2, 1990 , and ending on the date thereafter prescribed by Presidential proclamation or by law.
“amount of the loss” applies in that section
The term “amount of the loss” means, with respect to a loan, unpaid balance of the principal amount and interest on such loan, less the amount of any judgment collected pursuant to default proceedings commenced by the eligible lender or holder involved.;
“default” applies in that section
The term “default” includes only such defaults as have existed for 120 days.;
“insurance beneficiary” applies in that section
The term “insurance beneficiary” means the insured or its authorized assignee in accordance with section 292e(c) of this title .;
“servicer” applies in that section
The term “servicer” means any agency acting on behalf of the insurance beneficiary. (f) Reductions in Federal reimbursements or payments for defaulting borrowers The Secretary shall, after notice and opportunity for a hearing, cause to be reduced Federal reimbursements or payments for health services under any Federal law to borrowers who are practicing their professions and have defaulted on their loans insured under this subpart in amounts up to the remaining balance of such loans. Procedures for reduction of payments under the medicare program are provided under section 1395ccc of this title .
“eligible entity” applies throughout its subpart
the term “eligible entity” means an eligible institution, an eligible lender, or a holder, as the case may be. (D) For purposes of subparagraph (A), a loan is made with respect to an eligible entity if— (i) in the case of an eligible institution, the loan was made to students of the institution; (ii) in the case of an eligible lender, the loan was made by the lender; and (iii) in the case of a holder, the loan was purchased by the holder.;
“eligible institution” applies throughout its subpart
The term “eligible institution” means, with respect to a fiscal year, a school of medicine, osteopathic medicine, dentistry, veterinary medicine, optometry, podiatric medicine, pharmacy, public health, allied health, or chiropractic, or a graduate program in health administration or behavioral and mental health practice, including clinical psychology.;
“eligible lender” applies throughout its subpart
The term “eligible lender” means an eligible institution that became a lender under this subpart prior to September 15, 1992 , an agency or instrumentality of a State, a financial or credit institution (including an insurance company) which is subject to examination and supervision by an agency of the United States or of any State, a pension fund approved by the Secretary for this purpose, or a nonprofit private entity designated by the State, regulated by the State, and approved by the Secretary.;
“line of credit” applies throughout its subpart
The term “line of credit” means an arrangement or agreement between the lender and the borrower whereby a loan is paid out by the lender to the borrower in annual installments, or whereby the lender agrees to make, in addition to the initial loan, additional loans in subsequent years.;
“school of allied health” applies throughout its subpart
The term “school of allied health” means a program in a school of allied health (as defined in section 295p of this title ) which leads to a masters’ degree or a doctoral degree. (5) (A) The term “default rate”, in the case of an eligible entity, means the percentage constituted by the ratio of— (i) the principal amount of loans insured under this subpart— (I) that are made with respect to the entity and that enter repayment status after April 7, 1987 ; and (II) for which amounts have been paid under section 292f(a) of this title to insurance beneficiaries, exclusive of any loan for which amounts have been so paid as a result of the death or total and permanent disability of the borrower; …
“Secretary” applies throughout its subpart
The term “Secretary” means the Secretary of Education.
“default” applies in that section
The term “default” means the failure of a borrower of a loan made under this subpart to— (i) make an installment payment when due; or (ii) comply with any other term of the promissory note for such loan, except that a loan made under this subpart shall not be considered to be in default if the loan is discharged in bankruptcy or if the school reasonably concludes from written contracts with the borrower that the borrower intends to repay the loan.;
“defaulted principal amount outstanding” applies in that section
The term “defaulted principal amount outstanding” means the total amount borrowed from the loan fund of a school that has reached the repayment stage (minus any principal amount repaid or canceled) on loans— (i) repayable monthly and in default for at least 120 days; and (ii) repayable less frequently than monthly and in default for at least 180 days;
“grace period” applies in that section
The term “grace period” means the period of one year beginning on the date on which the borrower ceases to pursue a full-time course of study at a school of medicine, osteopathic medicine, dentistry, pharmacy, podiatric medicine, optometry, or veterinary medicine; and;
“matured loans” applies in that section
The term “matured loans” means the total principal amount of all loans made by a school under this subpart minus the total principal amount of loans made by such school to students who are— (i) enrolled in a full-time course of study at such school; or (ii) in their grace period.
“exempt contributions” applies in that section
The term “exempt contributions” means exempt Federal capital contributions and exempt school contributions.;
“exempt Federal capital contribution” applies in that section
The term “exempt Federal capital contribution” means a Federal capital contribution described in subclause (I) of subsection (a)(2)(A)(ii).;
“exempt school contribution” applies in that section
The term “exempt school contribution” means a school contribution described in subclause (II) of subsection (a)(2)(A)(ii). (4) The term “income”, with respect to a student fund under section 292q of this title , means payments of principal and interest on any loan made from the fund, and any other earnings of the fund.;
“primary health care” applies in that section
The term “primary health care” means family medicine, general internal medicine, general pediatrics, preventive medicine, or osteopathic general practice. (d) Sense of Congress It is the sense of Congress that funds repaid under the loan program under this section should not be transferred to the Treasury of the United States or otherwise used for any other purpose other than to carry out this section.
“health professions school” applies in that section
The term “health professions school” means, except as provided in subparagraph (B), a school of medicine, a school of osteopathic medicine, a school of dentistry, a school of pharmacy, or a graduate program in behavioral or mental health. (B) Exception The definition established in subparagraph (A) shall not apply to the use of the term “designated health professions school” for purposes of subsection (c)(2). (2) Program of excellence
“Native Americans” applies in that section
The term “Native Americans” means American Indians, Alaskan Natives, Aleuts, and Native Hawaiians. (h) Formula for allocations (1) Allocations Based on the amount appropriated under subsection (i) for a fiscal year, the following subparagraphs shall apply as appropriate: (A) In general If the amounts appropriated under subsection (i) for a fiscal year are $24,000,000 or less— (i) the Secretary shall make available $12,000,000 for grants under subsection (a) to health professions schools that meet the conditions described in subsection (c)(2)(A); and (ii) and 2 available after grants are made with funds under clause (i), the Secretary shall make available— (I) 60 percent of such amount for …
“program of excellence” applies in that section
The term “program of excellence” means any program carried out by a designated health professions school with a grant made under subsection (a), if the program is for purposes for which the school involved is authorized in subsection (b) or (c) to expend the grant. (3) Native Americans
“eligible entities” applies in that section
The term “eligible entities” means an entity that— (A) is a school of medicine, osteopathic medicine, dentistry, nursing (as defined in section 296 of this title ), pharmacy, podiatric medicine, optometry, veterinary medicine, public health, chiropractic, or allied health, a school offering a graduate program in behavioral and mental health practice, or an entity providing programs for the training of physician assistants; and (B) is carrying out a program for recruiting and retaining students from disadvantaged backgrounds, including students who are members of racial and ethnic minority groups. (2) Eligible individual
“eligible individual” applies in that section
The term “eligible individual” means an individual who— (A) is from a disadvantaged background; (B) has a financial need for a scholarship; and (C) is enrolled (or accepted for enrollment) at an eligible health professions or nursing school as a full-time student in a program leading to a degree in a health profession or nursing.
“underrepresented minority individuals” applies in that section
the term “underrepresented minority individuals” means individuals who are members of racial or ethnic minority groups that are underrepresented in the health professions including nursing.
“eligible entity” applies in that section
The term “eligible entity” means an organization capable of providing technical assistance including an area health education center program as defined in sections 294a and 295p of this title. (2) Primary care residency program
“primary care residency program” applies in that section
The term “primary care residency program” means an approved graduate medical residency training program (as defined in section 256h of this title ) in family medicine, internal medicine, pediatrics, internal medicine-pediatrics, obstetrics and gynecology, psychiatry, general dentistry, pediatric dentistry, and geriatrics. (3) Teaching health center (A) In general
“teaching health center” applies in that section
The term “teaching health center” means an entity that— (i) is a community based, ambulatory patient care center; and (ii) operates a primary care residency program. (B) Inclusion of certain entities Such term includes the following: (i) A Federally qualified health center (as defined in section 1396d( l )(2)(B) of this title). (ii) A community mental health center (as defined in section 1395x(ff)(3)(B) of this title ). (iii) A rural health clinic, as defined in section 1395x(aa) of this title . (iv) A health center operated by the Indian Health Service, an Indian tribe or tribal organization, or an urban Indian organization (as defined in section 1603 of title 25 ).
“eligible entity” applies in that section
the term “eligible entity” means a school of medicine or osteopathic medicine, an incorporated consortium of such schools, or the parent institutions of such a school. With respect to a State in which no area health education center program is in operation, the Secretary may award a grant or contract under subsection (a)(1) to a school of nursing. (B) Point of service maintenance and enhancement For purposes of subsection (a)(2),
“eligible entity” applies in that section
the term “eligible entity” means an entity described in section 295 o –1(b) of this title, such as a community health center or rural health clinic. (c) Application An eligible entity desiring to receive an award under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including— (1) a description of how participation in activities funded under this section will help improve access to, and quality of, health care services and training needs of primary care physicians and health care providers; and (2) a plan for providing peer-to-peer training, as appropriate.
“eligible entity” applies in that section
the term “eligible entity” means— (i) an entity described in paragraph (1), (3), or (4) of section 295p of this title or section 296(2) of this title ; or (ii) another accredited health professions school or graduate program approved by the Secretary. (B) Eligible individual For purposes of this subsection,
“eligible individual” applies in that section
the term “eligible individual” means an individual who— (i) (I) is board certified or board eligible in internal medicine, family practice, psychiatry, or licensed dentistry, or has completed required training in a discipline and is employed in an accredited health professions school or graduate program that is approved by the Secretary; or (II) has completed an approved fellowship program in geriatrics, or has completed specialty training in geriatrics as required by the discipline and any additional geriatrics training as required by the Secretary; and (ii) has a junior, nontenured, faculty appointment at an accredited health professions school or graduate program in geriatrics or a …
“rural” applies in that section
the term “rural” means geographic areas that are located outside of standard metropolitan statistical areas.
“pain care” applies in that section
the term “pain care” means the assessment, diagnosis, prevention, treatment, or management of acute or chronic pain regardless of causation or body location. (e) Authorization of appropriations There is authorized to be appropriated to carry out this section, such sums as may be necessary for each of the fiscal years 2019 through 2023. Amounts appropriated under this subsection shall remain available until expended.
“health care workforce” applies in that section
The term “health care workforce” includes all health care providers with direct patient care and support responsibilities, such as physicians, nurses, nurse practitioners, primary care providers, preventive medicine physicians, optometrists, ophthalmologists, physician assistants, pharmacists, dentists, dental hygienists, and other oral healthcare professionals, allied health professionals, doctors of chiropractic, community health workers, health care paraprofessionals, direct care workers, psychologists and other behavioral and mental health professionals (including substance abuse prevention and treatment providers), social workers, physical and occupational therapists, certified nurse …
“health professionals” applies in that section
The term “health professionals” includes— (A) dentists, dental hygienists, primary care providers, specialty physicians, nurses, nurse practitioners, physician assistants, psychologists and other behavioral and mental health professionals (including substance abuse prevention and treatment providers), social workers, physical and occupational therapists, optometrists, ophthalmologists, 5 public health professionals, clinical pharmacists, allied health professionals, doctors of chiropractic, community health workers, school nurses, certified nurse midwives, podiatrists, licensed complementary and alternative medicine providers, the EMS workforce (including professional and volunteer …
“qualified health professional” applies in that section
the term “qualified health professional” means a licensed physician who— (i) is entering or receiving training in an accredited pediatric medical subspecialty or pediatric surgical specialty residency or fellowship; or (ii) has completed (but not prior to the end of the calendar year in which this section is enacted) the training described in subparagraph (B). (B) Child and adolescent mental and behavioral health For purposes of contracts with respect to child and adolescent mental and behavioral health care,
“eligible individuals” applies in that section
The term “eligible individuals” includes those individuals employed in public and allied health positions at the Federal, State, tribal, or local level who are interested in retaining or upgrading their education. (c) Authorization of appropriations There is authorized to be appropriated to carry out this section, $60,000,000 for fiscal year 2010 and such sums as may be necessary for each of fiscal years 2011 through 2015. Fifty percent of appropriated funds shall be allotted to public health mid-career professionals and 50 percent shall be allotted to allied health mid-career professionals.
“Indian tribe” applies in that section
The terms “Indian tribe” and “tribal organization” have the meanings given those terms in section 5304 of title 25 .;
“municipality” applies in that section
The term “municipality” means a city, town, or other public body created by or pursuant to State law, or an Indian tribe.;
“substance use disorder treatment employment” applies in that section
The term “substance use disorder treatment employment” means full-time employment (including a fellowship)— (A) where the primary intent and function of the position is the direct treatment or recovery support of patients with or in recovery from a substance use disorder, including master’s level social workers, psychologists, counselors, marriage and family therapists, psychiatric mental health practitioners, occupational therapists, psychology doctoral interns, and behavioral health paraprofessionals and physicians, physician assistants, and nurses, who are licensed or certified in accordance with applicable State and Federal laws; and (B) which is located at a substance use disorder …
“tribal organization” applies in that section
The terms “Indian tribe” and “tribal organization” have the meanings given those terms in section 5304 of title 25 .;
“graduate” applies in that section
the term “graduate” means, unless otherwise specified, an individual who has successfully completed all training and residency requirements necessary for full certification in the health profession selected by the individual. (c) Exceptions for new programs (1) In general To permit new programs to compete equitably for funding under this section, those new programs that meet at least 4 of the criteria described in paragraph (3) shall qualify for a funding preference under this section. (2) Definition As used in this subsection,
“new program” applies in that section
the term “new program” means any program that has graduated less than three classes. Upon graduating at least three classes, a program shall have the capability to provide the information necessary to qualify the program for the general funding preferences described in subsection (a). (3) Criteria The criteria referred to in paragraph (1) are the following: (A) The mission statement of the program identifies a specific purpose of the program as being the preparation of health professionals to serve underserved populations. (B) The curriculum of the program includes content which will help to prepare practitioners to serve underserved populations.
“program entity” applies in that section
the term “program entity” means any public or private entity which collects, compiles, or analyzes health professions data under a grant, contract, or other arrangement with the Secretary under this section. (g) 2 Technical assistance The Secretary shall provide technical assistance to the States and political subdivisions thereof in the development of systems (including model laws) concerning confidentiality and comparability of data collected pursuant to this section.
“allied health professionals” applies throughout its subchapter
The term “allied health professionals” means a health professional (other than a registered nurse or physician assistant)— (A) who has received a certificate, an associate’s degree, a bachelor’s degree, a master’s degree, a doctoral degree, or postbaccalaureate training, in a science relating to health care; (B) who shares in the responsibility for the delivery of health care services or related services, including— (i) services relating to the identification, evaluation, and prevention of disease and disorders; (ii) dietary and nutrition services; (iii) health promotion services; (iv) rehabilitation services; or (v) health systems management services; and (C) who has not received a degree …
“area health education center” applies throughout its subchapter
The term “area health education center” means a public or nonprofit private organization that has a cooperative agreement or contract in effect with an entity that has received an award under subsection (a)(1) or (a)(2) of section 294a of this title , satisfies the requirements in section 294a(d)(1) of this title , and has as one of its principal functions the operation of an area health education center.
“area health education center program” applies throughout its subchapter
The term “area health education center program” means 3 cooperative program consisting of an entity that has received an award under subsection (a)(1) or (a)(2) of section 294a of this title for the purpose of planning, developing, operating, and evaluating an area health education center program and one or more area health education centers, which carries out the required activities described in section 294a(c) of this title , satisfies the program requirements in such section, 4 has as one of its principal functions identifying and implementing strategies and activities that address health care workforce needs in its service area, in coordination with the local workforce investment …
“clinical social worker” applies throughout its subchapter
The term “clinical social worker” has the meaning given the term in section 1395x(hh)(1) of this title . (15) Cultural competency .— The term “cultural competency” shall be defined by the Secretary in a manner consistent with section 300u–6(d)(3) of this title . (16) Direct care worker .—
“Department” applies throughout its subchapter
The term “Department” means the Department of Health and Human Services. (8) The term “nonprofit” refers to the status of an entity owned and operated by one or more 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.;
“direct care worker” applies throughout its subchapter
The term “direct care worker” has the meaning given that term in the 2010 Standard Occupational Classifications of the Department of Labor for Home Health Aides [31–1011], Psychiatric Aides [31–1013], Nursing Assistants [31–1014], and Personal Care Aides [39–9021]. (17) Federally qualified health center .—
“Federally qualified health center” applies throughout its subchapter
The term “Federally qualified health center” has the meaning given that term in section 1395x(aa) of this title . (18) Frontier health professional shortage area .—
“frontier health professional shortage area” applies throughout its subchapter
The term “frontier health professional shortage area” means an area— (A) with a population density less than 6 persons per square mile within the service area; and (B) with respect to which the distance or time for the population to access care is excessive. (19) Graduate psychology .—
“graduate program in behavioral health and mental health practice” applies throughout its subchapter
The term “graduate program in behavioral health and mental health practice” means a graduate program in clinical psychology, behavioral health and mental health practice, clinical social work, professional counseling, or marriage and family therapy.
“graduate program in clinical psychology” applies throughout its subchapter
The terms “graduate program in health administration” and “graduate program in clinical psychology” mean an accredited graduate program in a public or nonprofit private institution in a State that provides training leading, respectively, to a graduate degree in health administration or an equivalent degree and a doctoral degree in clinical psychology or an equivalent degree.;