
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC254h]

 
                 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. 254h. Provision of health services by Corps members


(a) Means of delivery of services; cooperation with other health care 
        providers

    In providing health services in a health professional shortage area, 
Corps members shall utilize the techniques, facilities, and 
organizational forms most appropriate for the area, population group, 
medical facility, or other public facility, and shall, to the maximum 
extent feasible, provide such services (1) to all individuals in, or 
served by, such health professional shortage area regardless of their 
ability to pay for the services, and (2) in a manner which is 
cooperative with other health care providers serving such health 
professional shortage area.

(b) Utilization of existing health facilities; lease, acquisition, and 
        use of equipment and supplies; permanent and temporary 
        professional services

    (1) Notwithstanding any other provision of law, the Secretary may 
(A) to the maximum extent feasible make such arrangements as he 
determines necessary to enable Corps members to utilize the health 
facilities in or serving the health professional shortage area in 
providing health services; (B) make such arrangements as he determines 
are necessary for the use of equipment and supplies of the Service and 
for the lease or acquisition of other equipment and supplies; and (C) 
secure the permanent or temporary services of physicians, dentists, 
nurses, administrators, and other health personnel. If there are no 
health facilities in or serving such area, the Secretary may arrange to 
have Corps members provide health services in the nearest health 
facilities of the Service or may lease or otherwise provide facilities 
in or serving such area for the provision of health services.
    (2) If the individuals in or served by a health professional 
shortage area are being served (as determined under regulations of the 
Secretary) by a hospital or other health care delivery facility of the 
Service, the Secretary may, in addition to such other arrangements as he 
may make under paragraph (1), arrange for the utilization of such 
hospital or facility by Corps members in providing health services, but 
only to the extent that such utilization will not impair the delivery of 
health services and treatment through such hospital or facility to 
individuals who are entitled to health services and treatment through 
such hospital or facility.

(c) Loan; purposes; limitations

    The Secretary may make one loan to any entity with an approved 
application under section 254f of this title to assist such entity in 
meeting the costs of (1) establishing medical, dental, or other health 
profession practices, including the development of medical practice 
management systems; (2) acquiring equipment for use in providing health 
services; and (3) renovating buildings to establish health facilities. 
No loan may be made under this subsection unless an application therefor 
is submitted to, and approved by, the Secretary. The amount of any such 
loan shall be determined by the Secretary, except that no such loan may 
exceed $50,000.

(d) Property and equipment disposal; fair market value; sale at less 
        than full market value

    Upon the expiration of the assignment of all Corps members to a 
health professional shortage area, the Secretary may (notwithstanding 
any other provision of law) sell, to any appropriate local entity, 
equipment and other property of the United States utilized by such 
members in providing health services. Sales made under this subsection 
shall be made at the fair market value (as determined by the Secretary) 
of the equipment or such other property; except that the Secretary may 
make such sales for a lesser value to an appropriate local entity, if he 
determines that the entity is financially unable to pay the full market 
value.

(e) Admitting privileges denied to Corps member by hospital; notice and 
        hearing; denial of Federal funds for violation; ``hospital'' 
        defined

    (1)(A) It shall be unlawful for any hospital to deny an authorized 
Corps member admitting privileges when such Corps member otherwise meets 
the professional qualifications established by the hospital for granting 
such privileges and agrees to abide by the published bylaws of the 
hospital and the published bylaws, rules, and regulations of its medical 
staff.
    (B) Any hospital which is found by the Secretary, after notice and 
an opportunity for a hearing on the record, to have violated this 
subsection shall upon such finding cease, for a period to be determined 
by the Secretary, to receive and to be eligible to receive any Federal 
funds under this chapter or under titles XVIII or XIX of the Social 
Security Act [42 U.S.C. 1395 et seq., 1396 et seq.].
    (2) For purposes of this subsection, the term ``hospital'' includes 
a State or local public hospital, a private profit hospital, a private 
nonprofit hospital, a general or special hospital, and any other type of 
hospital (excluding a hospital owned or operated by an agency of the 
Federal Government), and any related facilities.

(July 1, 1944, ch. 373, title III, Sec. 335, as added Pub. L. 94-484, 
title IV, Sec. 407(b)(3), Oct. 12, 1976, 90 Stat. 2275; amended Pub. L. 
97-35, title XXVII, Sec. 2705, Aug. 13, 1981, 95 Stat. 907; Pub. L. 101-
597, title I, Sec. 106, title IV, Sec. 401(b)[(a)], Nov. 16, 1990, 104 
Stat. 3018, 3035.)

                       References in Text

    The Social Security Act, referred to in subsec. (e)(1)(B), is act 
Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Titles XVIII and XIX 
of the Social Security Act are classified generally to subchapters XVIII 
(Sec. 1395 et seq.) and XIX (Sec. 1396 et seq.) of chapter 7 of this 
title, respectively. For complete classification of this Act to the 
Code, see section 1305 of this title and Tables.


                               Amendments

    1990--Subsecs. (a), (b)(1)(A), (2), (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.
    Subsec. (e)(1)(A). Pub. L. 101-597, Sec. 106, substituted 
``authorized Corps member admitting privileges'' for ``authorized 
physician or dentist member of the Corps admitting privileges''.
    1981--Subsec. (a)(2). Pub. L. 97-35, Sec. 2705(a), substituted 
provisions respecting cooperation with other health care providers, for 
provisions respecting direct health services programs.
    Subsec. (c)(4). Pub. L. 97-35, Sec. 2705(b), struck out cl. (4) 
relating to appropriate continuing education programs.

                  Section Referred to in Other Sections

    This section is referred to in sections 233, 254g, 254h-1, 254k, 
254l, 254l-1, 254m, 11709 of this title.
