
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: 42USC291c]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
  SUBCHAPTER IV--CONSTRUCTION AND MODERNIZATION OF HOSPITALS AND OTHER 
                           MEDICAL FACILITIES
 
Part A--Grants and Loans for Construction and Modernization of Hospitals 
                      and Other Medical Facilities
 
Sec. 291c. General regulations

    The Surgeon General, with the approval of the Federal Hospital 
Council and the Secretary of Health and Human Services shall by general 
regulations prescribe--

               (a) Priority of projects; determination

        the general manner in which the State agency shall determine the 
    priority of projects based on the relative need of different areas 
    lacking adequate facilities of various types for which assistance is 
    available under this part, giving special consideration--
            (1) in the case of projects for the construction of 
        hospitals, to facilities serving areas with relatively small 
        financial resources and, at the option of the State, rural 
        communities;
            (2) in the case of projects for the construction of 
        rehabilitation facilities, to facilities operated in connection 
        with a university teaching hospital which will provide an 
        integrated program of medical, psychological, social, and 
        vocational evaluation and services under competent supervision;
            (3) in the case of projects for modernization of facilities, 
        to facilities serving densely populated areas;
            (4) in the case of projects for construction or 
        modernization of outpatient facilities, to any outpatient 
        facility that will be located in, and provide services for 
        residents of, an area determined by the Secretary to be a rural 
        or urban poverty area;
            (5) to projects for facilities which, alone or in 
        conjunction with other facilities, will provide comprehensive 
        health care, including outpatient and preventive care as well as 
        hospitalization;
            (6) to facilities which will provide training in health or 
        allied health professions; and
            (7) to facilities which will provide to a significant 
        extent, for the treatment of alcoholism;

             (b) Standards of construction and equipment

        general standards of construction and equipment for facilities 
    of different classes and in different types of location, for which 
    assistance is available under this part;

     (c) Criteria for determining needs for beds, hospitals and 
            other facilities; plans for distribution of beds and 
                                 facilities

        criteria for determining needs for general hospital and long-
    term care beds, and needs for hospitals and other facilities for 
    which aid under this part is available, and for developing plans for 
    the distribution of such beds and facilities;

         (d) Criteria for determining need for modernization

        criteria for determining the extent to which existing 
    facilities, for which aid under this part is available, are in need 
    of modernization; and

       (e) State plan requirements; assurances necessary for 
                           approval of application

        that the State plan shall provide for adequate hospitals, and 
    other facilities for which aid under this part is available, for all 
    persons residing in the State, and adequate hospitals (and such 
    other facilities) to furnish needed services for persons unable to 
    pay therefor. Such regulations may also require that before approval 
    of an application for a project is recommended by a State agency to 
    the Surgeon General for approval under this part, assurance shall be 
    received by the State from the applicant that (1) the facility or 
    portion thereof to be constructed or modernized will be made 
    available to all persons residing in the territorial area of the 
    applicant; and (2) there will be made available in the facility or 
    portion thereof to be constructed or modernized a reasonable volume 
    of services to persons unable to pay therefor, but an exception 
    shall be made if such a requirement is not feasible from a financial 
    viewpoint.

(July 1, 1944, ch. 373, title VI, Sec. 603, as added Pub. L. 88-443, 
Sec. 3(a), Aug. 18, 1964, 78 Stat. 451; amended Pub. L. 88-581, 
Sec. 3(b), Sept. 4, 1964, 78 Stat. 919; Pub. L. 91-296, title I, 
Sec. 110, June 30, 1970, 84 Stat. 339; Pub. L. 96-88, title V, 
Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)


                            Prior Provisions

    A prior section 291c, act July 1, 1944, ch. 373, title VI, Sec. 613, 
as added Aug. 13, 1946, ch. 958, Sec. 2, 60 Stat. 1041, related to 
allotments to States, the determination of their amount, and the 
disposition of unexpended funds, prior to the general amendment of this 
subchapter by Pub. L. 88-443. See section 291(a), (b) and (d) of this 
title.
    Provisions similar to those comprising this section were contained 
in a prior section 291e, act July 1, 1944, ch. 373, title VI, Sec. 622, 
as added Aug. 13, 1946, ch. 958, Sec. 2, 60 Stat. 1041; amended 1953 
Reorg. Plan No. 1, Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 
Stat. 631, prior to the general amendment of this subchapter by Pub. L. 
88-443.


                               Amendments

    1970--Subsec. (a). Pub. L. 91-296 struck out from cl. (1) provisions 
requiring that States give special consideration for projects for 
hospitals serving rural areas but inserted provisions making such 
preference optional with each State and added cls. (4) to (7).
    1964--Subsec. (a)(4). Pub. L. 88-581 struck out cl. (4) relating to 
hospital facilities which ``will include new or expanded facilities for 
nurse training''.


                    Effective Date of 1970 Amendment

    Section 110 of Pub. L. 91-296 provided that the amendment made by 
that section is effective with respect to applications approved under 
this subchapter after June 30, 1970.


                    Effective Date of 1964 Amendment

    Section 3(b) of Pub. L. 88-581 provided that the amendments made by 
such section 3(b) [amending this section and sections 291o and 293c of 
this title] are effective with respect to applications for grants from 
appropriations for fiscal years beginning after June 30, 1965.

                          Transfer of Functions

    ``Secretary of Health and Human Services'' substituted in text for 
``Secretary of Health, Education, and Welfare'' pursuant to section 
509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 
20, Education.
    Office of Surgeon General abolished by section 3 of Reorg. Plan No. 
3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and 
functions thereof transferred to Secretary of Health, Education, and 
Welfare by section 1 of Reorg. Plan No. 3 of 1966, set out as a note 
under section 202 of this title. Secretary of Health, Education, and 
Welfare redesignated Secretary of Health and Human Services by section 
509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 
20.

                  Section Referred to in Other Sections

    This section is referred to in sections 291d, 291e, 291i, 291j-3 of 
this title.
