
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: 42USC300s-1]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
              SUBCHAPTER XIV--HEALTH RESOURCES DEVELOPMENT
 
                       Part C--General Provisions
 
Sec. 300s-1. Medical facility project applications


(a) Submissions

    No loan, loan guarantee, or grant may be made under part A or B for 
a medical facilities project unless an application for such project has 
been submitted to and approved by the Secretary. If two or more entities 
join in a project, an application for such project may be filed by any 
of such entities or by all of them.

(b) Form; required provisions; waiver; projects subject to requirements

    (1) An application for a medical facilities project shall be 
submitted in such form and manner as the Secretary shall by regulation 
prescribe and shall, except as provided in paragraph (2), set forth--
        (A) in the case of a modernization project for a medical 
    facility for continuation of existing health services, a finding by 
    the State Agency of a continued need for such services, and, in the 
    case of any other project for a medical facility, a finding by the 
    State Agency of the need for the new health services to be provided 
    through the medical facility upon completion of the project;
        (B) in the case of an application for a grant, assurances 
    satisfactory to the Secretary that (i) the applicant making the 
    application would not be able to complete the project for which the 
    application is submitted without the grant applied for, and (ii) in 
    the case of a project to construct a new medical facility, it would 
    be inappropriate to convert an existing medical facility to provide 
    the services to be provided through the new medical facility;
        (C) in the case of a project for the discontinuance of a service 
    or facility or the conversion of a service or a facility, an 
    evaluation of the impact of such discontinuance or conversion on the 
    provision of health care in the health service area in which such 
    service was provided or facility located;
        (D) a description of the site of such project;
        (E) plans and specifications therefor which meet the 
    requirements of the regulations prescribed under section 300s(2) of 
    this title;
        (F) reasonable assurance that title to such site is or will be 
    vested in one or more of the entities filing the application or in a 
    public or other nonprofit entity which is to operate the facility on 
    completion of the project;
        (G) reasonable assurance that adequate financial support will be 
    available for the completion of the project and for its maintenance 
    and operation when completed, and, for the purpose of determining if 
    the requirements of this subparagraph are met, Federal assistance 
    provided directly to a medical facility which is located in an area 
    determined by the Secretary to be an urban or rural poverty area or 
    through benefits provided individuals served at such facility shall 
    be considered as financial support;
        (H) the type of assistance being sought under part A or B for 
    the project;
        (I) reasonable assurance that all laborers and mechanics 
    employed by contractors or subcontractors in the performance of work 
    on a project will be paid wages at rates not less than those 
    prevailing on similar construction in the locality as determined by 
    the Secretary of Labor in accordance with the Act of March 3, 1931 
    (40 U.S.C. 276a--276a-5, known as the Davis-Bacon Act), and the 
    Secretary of Labor shall have with respect to such labor standards 
    the authority and functions set forth in Reorganization Plan 
    Numbered 14 of 1950 (15 FR 3176; 5 U.S.C. Appendix) and section 276c 
    of title 40;
        (J) in the case of a project for the construction or 
    modernization of an outpatient facility, reasonable assurance that 
    the services of a general hospital will be available to patients at 
    such facility who are in need of hospital care; and
        (K) reasonable assurance that at all times after such 
    application is approved (i) the facility or portion thereof to be 
    constructed, modernized, or converted will be made available to all 
    persons residing or employed in the area served by the facility, and 
    (ii) there will be made available in the facility or portion thereof 
    to be constructed, modernized, or converted a reasonable volume of 
    services to persons unable to pay therefor and the Secretary, in 
    determining the reasonableness of the volume of services provided, 
    shall take into consideration the extent to which compliance is 
    feasible from a financial viewpoint.

    (2)(A) The Secretary may waive--
        (i) the requirements of subparagraph (D) of paragraph (1) for 
    compliance with modernization and equipment standards prescribed 
    pursuant to section 300s(2) of this title, and
        (ii) the requirement of subparagraph (E) of paragraph (1) 
    respecting title to a project site,

in the case of an application for a project described in subparagraph 
(B) of this paragraph.
    (B) A project referred to in subparagraph (A) is a project--
        (i) for the modernization of an outpatient medical facility 
    which will provide general purpose health services, which is not 
    part of a hospital, and which will serve a medically underserved 
    population as defined in section 300s-3 of this title or as 
    designated by a health systems agency, and
        (ii) for which the applicant seeks a loan under part A the 
    principal amount of which does not exceed $20,000.

(July 1, 1944, ch. 373, title XVI, Sec. 1621, as added Pub. L. 96-79, 
title II, Sec. 202(b), Oct. 4, 1979, 93 Stat. 633.)

                       References in Text

    Act of March 3, 1931 (40 U.S.C. 276a--276a-5, known as the Davis-
Bacon Act), referred to in subsec. (b)(1)(I), is act Mar. 3, 1931, ch. 
411, 46 Stat. 1494, as amended, which is classified generally to 
sections 276a to 276a-5 of Title 40, Public Buildings, Property, and 
Works. For complete classification of this Act to the Code, see Short 
Title note set out under section 276a of Title 40 and Tables.


                            Prior Provisions

    A prior section 300s-1 was redesignated 300s-1a and amended as part 
of the general revision of this subchapter by Pub. L. 96-79.
    A prior section 1621 of act July 1, 1944, as added Jan. 4, 1975, 
Pub. L. 93-641, Sec. 4, 88 Stat. 2265, which related to the allocation 
among States of the total amount of principal of loans and loan 
guarantees, was classified to section 300q-1 of this title, prior to 
repeal as part of the general revision of this subchapter by Pub. L. 96-
79.


                             Effective Date

    Section effective Oct. 1, 1979, see section 204 of Pub. L. 96-79, 
set out as an Effective Date of 1979 Amendment note under section 300q 
of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 300s-1a, 300s-5 of this 
title.
