
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC254f]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
                SUBCHAPTER II--GENERAL POWERS AND DUTIES
 
                       Part D--Primary Health Care
 
            subpart ii--national health service corps program
 
Sec. 254f. Corps personnel


(a) Conditions necessary for assignment of Corps personnel to area; 
        contents of application for assignment; assignment to particular 
        facility; approval of applications

    (1) The Secretary may assign members of the Corps to provide, under 
regulations promulgated by the Secretary, health services in or to a 
health professional shortage area during the assignment period 
(specified in the agreement described in section 254g of this title) 
only if--
        (A) a public or nonprofit private entity, which is located or 
    has a demonstrated interest in such area makes application to the 
    Secretary for such assignment;
        (B) such application has been approved by the Secretary;
        (C) an agreement has been entered into between the entity which 
    has applied and the Secretary, in accordance with section 254g of 
    this title; and
        (D) the Secretary has (i) conducted an evaluation of the need 
    and demand for health manpower for the area, the intended use of 
    Corps members to be assigned to the area, community support for the 
    assignment of Corps members to the area, the area's efforts to 
    secure health manpower for the area, and the fiscal management 
    capability of the entity to which Corps members would be assigned 
    and (ii) on the basis of such evaluation has determined that--
            (I) there is a need and demand for health manpower for the 
        area;
            (II) there has been appropriate and efficient use of any 
        Corps members assigned to the entity for the area;
            (III) there is general community support for the assignment 
        of Corps members to the entity;
            (IV) the area has made unsuccessful efforts to secure health 
        manpower for the area; and
            (V) there is a reasonable prospect of sound fiscal 
        management, including efficient collection of fee-for-service, 
        third-party, and other appropriate funds, by the entity with 
        respect to Corps members assigned to such entity.

An application for assignment of a Corps member to a health professional 
shortage area shall include a demonstration by the applicant that the 
area or population group to be served by the applicant has a shortage of 
personal health services and that the Corps member will be located so 
that the member will provide services to the greatest number of persons 
residing in such area or included in such population group. Such a 
demonstration shall be made on the basis of the criteria prescribed by 
the Secretary under section 254e(b) of this title and on additional 
criteria which the Secretary shall prescribe to determine if the area or 
population group to be served by the applicant has a shortage of 
personal health services.
    (2) Corps members may be assigned to a Federal health care facility, 
but only upon the request of the head of the department or agency of 
which such facility is a part.
    (3) In approving applications for assignment of members of the Corps 
the Secretary shall not discriminate against applications from entities 
which are not receiving Federal financial assistance under this chapter.

(b) Corps member income assurances; grants respecting sufficiency of 
        financial resources

    (1) The Secretary may not approve an application for the assignment 
of a member of the Corps described in subparagraph (C) of section 
254d(a)(1) of this title to an entity unless the application of the 
entity contains assurances satisfactory to the Secretary that the entity 
(A) has sufficient financial resources to provide the member of the 
Corps with an income of not less than the income to which the member 
would be entitled if the member was a member described in subparagraph 
(B) of section 254d(a)(1) of this title, or (B) would have such 
financial resources if a grant was made to the entity under paragraph 
(2).
    (2)(A) If in approving an application of an entity for the 
assignment of a member of the Corps described in subparagraph (C) of 
section 254d(a)(1) of this title the Secretary determines that the 
entity does not have sufficient financial resources to provide the 
member of the Corps with an income of not less than the income to which 
the member would be entitled if the member was a member described in 
subparagraph (B) of section 254d(a)(1) of this title, the Secretary may 
make a grant to the entity to assure that the member of the Corps 
assigned to it will receive during the period of assignment to the 
entity such an income.
    (B) The amount of any grant under subparagraph (A) shall be 
determined by the Secretary. Payments under such a grant may be made in 
advance or by way of reimbursement, and at such intervals and on such 
conditions, as the Secretary finds necessary. No grant may be made 
unless an application therefor is submitted to and approved by the 
Secretary. Such an application shall be in such form, submitted in such 
manner, and contain such information, as the Secretary shall by 
regulation prescribe.

(c) Assignment of members without regard to ability of area to pay for 
        services

    The Secretary shall assign Corps members to entities in health 
professional shortage areas without regard to the ability of the 
individuals in such areas, population groups, medical facilities, or 
other public facilities to pay for such services.

(d) Entities entitled to aid; forms of assistance; coordination of 
        efforts; agreements for assignment of Corps members; qualified 
        entity

    (1) The Secretary may provide technical assistance to a public or 
nonprofit private entity which is located in a health professional 
shortage area and which desires to make an application under this 
section for assignment of a Corps member to such area. Assistance 
provided under this paragraph may include assistance to an entity in (A) 
analyzing the potential use of health professions personnel in defined 
health services delivery areas by the residents of such areas, (B) 
determining the need for such personnel in such areas, (C) determining 
the extent to which such areas will have a financial base to support the 
practice of such personnel and the extent to which additional financial 
resources are needed to adequately support the practice, and (D) 
determining the types of inpatient and other health services that should 
be provided by such personnel in such areas.
    (2) The Secretary may provide, to public and nonprofit private 
entities which are located in a health professional shortage area to 
which area a Corps member has been assigned, technical assistance to 
assist in the retention of such member in such area after the completion 
of such member's assignment to the area.
    (3) The Secretary may provide, to health professional shortage areas 
to which no Corps member has been assigned, (A) technical assistance to 
assist in the recruitment of health manpower for such areas, and (B) 
current information on public and private programs which provide 
assistance in the securing of health manpower.
    (4)(A) The Secretary shall undertake to demonstrate the improvements 
that can be made in the assignment of members of the Corps to health 
professional shortage areas and in the delivery of health care by Corps 
members in such areas through coordination with States, political 
subdivisions of States, agencies of States and political subdivisions, 
and other public and nonprofit private entities which have expertise in 
the planning, development, and operation of centers for the delivery of 
primary health care. In carrying out this subparagraph, the Secretary 
shall enter into agreements with qualified entities which provide that 
if--
        (i) the entity places in effect a program for the planning, 
    development, and operation of centers for the delivery of primary 
    health care in health professional shortage areas which reasonably 
    addresses the need for such care in such areas, and
        (ii) under the program the entity will perform the functions 
    described in subparagraph (B),

the Secretary will assign under this section members of the Corps in 
accordance with the program.
    (B) For purposes of subparagraph (A), the term ``qualified entity'' 
means a State, political subdivision of a State, an agency of a State or 
political subdivision, or other public or nonprofit private entity 
operating solely within one State, which the Secretary determines is 
able--
        (i) to analyze the potential use of health professions personnel 
    in defined health services delivery areas by the residents of such 
    areas;
        (ii) to determine the need for such personnel in such areas and 
    to recruit, select, and retain health professions personnel 
    (including members of the National Health Service Corps) to meet 
    such need;
        (iii) to determine the extent to which such areas will have a 
    financial base to support the practice of such personnel and the 
    extent to which additional financial resources are needed to 
    adequately support the practice;
        (iv) to determine the types of inpatient and other health 
    services that should be provided by such personnel in such areas;
        (v) to assist such personnel in the development of their 
    clinical practice and fee schedules and in the management of their 
    practice;
        (vi) to assist in the planning and development of facilities for 
    the delivery of primary health care; and
        (vii) to assist in establishing the governing bodies of centers 
    for the delivery of such care and to assist such bodies in defining 
    and carrying out their responsibilities.

(e) Practice within State by Corps member

    Notwithstanding any other law, any member of the Corps licensed to 
practice medicine, osteopathic medicine, dentistry, or any other health 
profession in any State shall, while serving in the Corps, be allowed to 
practice such profession in any State.

(July 1, 1944, ch. 373, title III, Sec. 333, as added Pub. L. 94-484, 
title IV, Sec. 407(b)(3), Oct. 12, 1976, 90 Stat. 2272; amended Pub. L. 
97-35, title XXVII, Sec. 2703, Aug. 13, 1981, 95 Stat. 904; Pub. L. 100-
177, title III, Secs. 303, 304, Dec. 1, 1987, 101 Stat. 1004; Pub. L. 
100-607, title VI, Sec. 629(a)(2), Nov. 4, 1988, 102 Stat. 3146; Pub. L. 
101-597, title I, Sec. 103, title IV, Sec. 401(b)[(a)], Nov. 16, 1990, 
104 Stat. 3015, 3035.)


                               Amendments

    1990--Subsec. (a)(1). Pub. L. 101-597, Sec. 401(b)[(a)], substituted 
reference to health professional shortage area for reference to health 
manpower shortage area in introductory and closing provisions.
    Subsec. (a)(1)(D)(ii)(II). Pub. L. 101-597, Sec. 103(a), substituted 
``has been'' and ``any Corps'' for ``will be'' and ``Corps'', 
respectively.
    Subsec. (b). Pub. L. 101-597, Sec. 103(b), redesignated subsec. (d) 
as (b) and struck out former subsec. (b) which related to approval of 
application for assignment of Corps personnel subject to review and 
comment on application by health service agencies in designated area.
    Subsec. (c). Pub. L. 101-597, Sec. 401(b)[(a)], substituted 
reference to health professional shortage area for reference to health 
manpower shortage area.
    Pub. L. 101-597, Sec. 103(b), redesignated subsec. (e) as (c) and 
struck out former subsec. (c) which related to applications, 
consideration and approval by Secretary, priorities, cooperation with 
Corps members, and comments by health professionals and societies in 
designated areas.
    Subsec. (d). Pub. L. 101-597, Sec. 401(b)[(a)], substituted 
reference to health professional shortage area for reference to health 
manpower shortage area wherever appearing in pars. (1) to (4)(A)(i).
    Pub. L. 101-597, Sec. 103(b)(2), redesignated subsec. (g) as (d). 
Former subsec. (d) redesignated (b).
    Subsec. (e). Pub. L. 101-597, Sec. 103(b)(2), redesignated subsec. 
(i) as (e). Former subsec. (e) redesignated (c).
    Subsec. (f). Pub. L. 101-597, Sec. 103(b)(1), struck out subsec. (f) 
which provided for selection of Corps members for assignment upon basis 
of characteristics.
    Subsec. (g). Pub. L. 101-597, Sec. 103(b)(2), redesignated subsec. 
(g) as (d).
    Subsec. (h). Pub. L. 101-597, Sec. 103(b)(1), struck out subsec. (h) 
which related to study and contracts for study of methods of assignments 
of Corps members.
    Subsec. (i). Pub. L. 101-597, Sec. 103(b)(2), redesignated subsec. 
(i) as (e).
    Subsecs. (j), (k). Pub. L. 101-597, Sec. 103(b)(1), struck out 
subsecs. (j) and (k) which provided for placement of physicians in 
medically underserved areas and assignment of family physicians, 
respectively.
    1988--Subsec. (i). Pub. L. 100-607 substituted ``osteopathic 
medicine'' for ``osteopathy''.
    1987--Subsec. (j). Pub. L. 100-177, Sec. 303, added subsec. (j).
    Subsec. (k). Pub. L. 100-177, Sec. 304, added subsec. (k).
    1981--Subsec. (a). Pub. L. 97-35, Sec. 2703(a), (b), amended par. 
(1)(D) generally and, among changes, made numerous changes in 
nomenclature, inserted at end of par. (1) provisions respecting 
application, and added par. (3).
    Subsec. (c). Pub. L. 97-35, Sec. 2703(c), struck out par. (2) which 
related to special considerations, and redesignated pars. (3) and (4) as 
(2) and (3), respectively.
    Subsecs. (d) to (f). Pub. L. 97-35, Sec. 2703(d), added subsec. (d) 
and redesignated former subsecs. (d), (e), and (f) as (e), (f), and (g), 
respectively.
    Subsec. (g). Pub. L. 97-35, Sec. 2703(d), (e), redesignated former 
subsec. (f) as (g) and substituted ``may'' for ``shall'' in pars. (1) to 
(3), inserted provisions respecting health professions personnel in par. 
(1), added par. (4), and struck out requirement respecting demonstrated 
interest in pars. (1) and (2). Former subsec. (g) redesignated (h).
    Subsec. (h). Pub. L. 97-35, Sec. 2703(d), (f), redesignated former 
subsec. (g) as (h) and directed that ``may'' be substituted for 
``shall'' which was executed by substituting ``may'' for ``shall'' in 
two places preceding par. (1). Former subsec. (h) redesignated (i).
    Subsec. (i). Pub. L. 97-35, Sec. 2703(d), (g), redesignated former 
subsec. (h) as (i) and inserted reference to other health profession.


                    Effective Date of 1981 Amendment

    Section 2703(d) of Pub. L. 97-35 provided that the amendment made by 
that section is effective Oct. 1, 1981.

                  Section Referred to in Other Sections

    This section is referred to in sections 254d, 254f-1, 254g, 254h, 
254h-1, 254i, 254k, 254l, 254l-1, 254m, 256o-1, 254q-1, 1396s, 11709 of 
this title.
