
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-1]

 
                 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-1. Priorities in assignment of Corps personnel


(a) In general

    In approving applications made under section 254f of this title for 
the assignment of Corps members, the Secretary shall--
        (1) give priority to any such application that--
            (A) is made regarding the provision of primary health 
        services to a health professional shortage area with the 
        greatest such shortage, as determined in accordance with 
        subsection (b) of this section; and
            (B) is made by an entity that--
                (i) serves a health professional shortage area described 
            in subparagraph (A);
                (ii) coordinates the delivery of primary health services 
            with related health and social services;
                (iii) has a documented record of sound fiscal 
            management; and
                (iv) will experience a negative impact on its capacity 
            to provide primary health services if a Corps member is not 
            assigned to the entity;

        (2) with respect to the geographic area in which the health 
    professional shortage area is located, take into consideration the 
    willingness of individuals in the geographic area, and of the 
    appropriate governmental agencies or health entities in the area, to 
    assist and cooperate with the Corps in providing effective primary 
    health services; and
        (3) take into consideration comments of medical, osteopathic, 
    dental, or other health professional societies whose members deliver 
    services to the health professional shortage area, or if no such 
    societies exist, comments of physicians, dentists, or other health 
    professionals delivering services to the area.

(b) Exclusive factors for determining greatest shortages

    In making a determination under subsection (a)(1)(A) of this section 
of the health professional shortage areas with the greatest such 
shortages, the Secretary may consider only the following factors:
        (1) The ratio of available health manpower to the number of 
    individuals in the area or population group involved, or served by 
    the medical facility or other public facility involved.
        (2) Indicators of need as follows:
            (A) The rate of low birthweight births.
            (B) The rate of infant mortality.
            (C) The rate of poverty.
            (D) Access to primary health services, taking into account 
        the distance to such services.

(c) Establishment of criteria for determining priorities

                           (1) In general

        The Secretary shall establish criteria specifying the manner in 
    which the Secretary makes a determination under subsection (a)(1)(A) 
    of this section of the health professional shortage areas with the 
    greatest such shortages. Such criteria shall specify the manner in 
    which the factors described in subsection (b) of this section are 
    implemented regarding such a determination.

                     (2) Publication of criteria

        The criteria required in paragraph (1) shall be published in the 
    Federal Register not later than July 1, 1991. Any revisions made in 
    the criteria by the Secretary shall be effective upon publication in 
    the Federal Register.

(d) Notifications regarding priorities

            (1) Preparation of list for applicable period

        For the purpose of carrying out paragraph (2), the Secretary 
    shall prepare a list of health professional shortage areas that are 
    receiving priority under subsection (a)(1) of this section in the 
    assignment of Corps members for the period applicable under 
    subsection (f) of this section. Such list--
            (A) shall include a specification, for each such health 
        professional shortage area, of the entities for which the 
        Secretary has provided an authorization to receive assignments 
        of Corps members in the event that Corps members are available 
        for the assignments; and
            (B) shall, of the entities for which an authorization 
        described in subparagraph (A) has been provided, specify--
                (i) the entities provided such an authorization for the 
            assignment of Corps members who are participating in the 
            Scholarship Program;
                (ii) the entities provided such an authorization for the 
            assignment of Corps members who are participating in the 
            Loan Repayment Program; and
                (iii) the entities provided such an authorization for 
            the assignment of Corps members who have become Corps 
            members other than pursuant to contractual obligations under 
            the Scholarship or Loan Repayment Programs.

        The Secretary may set forth such specifications by medical 
        specialty.

                (2) Notification of affected parties

        (A) Not later than 30 days after the preparation of each list 
    under paragraph (1), the Secretary shall notify entities specified 
    for purposes of subparagraph (A) of such paragraph of the fact that 
    the entities have been provided an authorization to receive 
    assignments of Corps members in the event that Corps members are 
    available for the assignments.
        (B) In the case of individuals with respect to whom a period of 
    obligated service under the Scholarship Program will begin during 
    the period under subsection (f) of this section for which a list 
    under paragraph (1) is prepared, the Secretary shall, not later than 
    30 days after the preparation of each such list, provide to such 
    individuals the names of each of the entities specified for purposes 
    of paragraph (1)(B)(i) that is appropriate to the medical specialty 
    of the individuals.

                        (3) Revisions in list

        If the Secretary makes a revision in a list under paragraph (1) 
    during the period under subsection (f) of this section to which the 
    list is applicable, and the revision alters the status of an entity 
    with respect to the list, the Secretary shall notify the entity of 
    the effect on the entity of the revision. Such notification shall be 
    provided not later than 30 days after the date on which the revision 
    is made.

(e) Limitation on number of entities offered as assignment choices in 
        Scholarship Program

            (1) Determination of available Corps members

        The Secretary shall determine the number of participants in the 
    Scholarship Program who are available for assignments under section 
    254f of this title for the period applicable under subsection (f) of 
    this section.

              (2) Availability of 500 or fewer members

        If the number of participants for purposes of paragraph (1) is 
    less than 500, the Secretary shall limit the number of entities 
    specified under subsection (d)(1)(B)(i) of this section to the 
    lesser of--
            (A) 500 such entities; and
            (B) a number of such entities constituting 300 percent of 
        the number of such participants available for assignment under 
        section 254f of this title.

              (3) Availability of more than 500 members

        If the number of participants for purposes of paragraph (1) is 
    equal to or greater than 500, the Secretary shall determine the 
    number of entities to be specified under subsection (d)(1)(B)(i) of 
    this section, subject to ensuring that assignments of such 
    participants are made to 500 entities that serve health professional 
    shortage areas that have chronic difficulty in recruiting and 
    retaining health professionals to provide primary health services.

                    (4) Adjustment in base number

        The number 500, as used for purposes of paragraphs (2) and (3), 
    may by regulation be adjusted by the Secretary to a greater or a 
    lesser number.

(f) Applicable period regarding priorities

                           (1) In general

        With respect to determinations under subsection (a)(1) of this 
    section of the applications that are to be given priority regarding 
    the assignment of Corps members, the Secretary shall make such a 
    determination not less than once each fiscal year. The first 
    determination shall be made not later than July 1 of the year 
    preceding the year in which the period of obligated service begins. 
    If the Secretary revises the determination before July 1 of the 
    following year, the revised determination shall be applicable with 
    respect to assignments of Corps members made during the period 
    beginning on the date of the issuance of the revised determination 
    and ending on July 1 of such year.

        (2) Date certain for preparation of notification list

        A list under subsection (d)(1) of this section shall be prepared 
    for each of the periods decribed \1\ in paragraph (1). Each such 
    list shall be prepared not later than the date on which a 
    determination of priorities under such paragraph is required to be 
    made for the period involved.
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    \1\ So in original. Probably should be ``described''.
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(July 1, 1944, ch. 373, title III, Sec. 333A, as added and amended Pub. 
L. 101-597, title I, Sec. 104, title IV, Sec. 401(b)[(a)], Nov. 16, 
1990, 104 Stat. 3015, 3035.)


                               Amendments

    1990--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 subsecs. (a) to (c)(1), (d)(1), and 
(e)(3).

                  Section Referred to in Other Sections

    This section is referred to in sections 254h-1, 254l, 254l-1, 254q-
1, 11709 of this title.
