
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: 42USC300s-3]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
              SUBCHAPTER XIV--HEALTH RESOURCES DEVELOPMENT
 
                       Part C--General Provisions
 
Sec. 300s-3. Definitions

    Except as provided in section 300t-12(e) of this title, for purposes 
of this subchapter--
    (1) The term ``hospital'' includes general, tuberculosis, and other 
types of hospitals, and related facilities, such as laboratories, 
outpatient departments, nurses' home facilities, extended care 
facilities, facilities related to programs for home health services, 
self-care units, and central service facilities, operated in connection 
with hospitals, and also includes education or training facilities for 
health professonal \1\ personnel operated as an integral part of a 
hospital, but does not include any hospital furnishing primarily 
domiciliary care.
---------------------------------------------------------------------------
    \1\ So in original. Probably should be ``professional''.
---------------------------------------------------------------------------
    (2) The term ``public health center'' means a publicly owned 
facility for the provision of public health services, including related 
publicly owned facilities such as laboratories, clinics, and 
administrative offices operated in connection with such a facility.
    (3) The term ``nonprofit'' as applied to any facility means a 
facility which is owned and operated by one or more nonprofit 
corporations or associations no part of the net earnings of which 
inures, or may lawfully inure, to the benefit of any private shareholder 
or individual.
    (4) The term ``outpatient medical facility'' means a medical 
facility (located in or apart from a hospital) for the diagnosis or 
diagnosis and treatment of ambulatory patients (including ambulatory 
inpatients)--
        (A) which is operated in connection with a hospital,
        (B) in which patient care is under the professional supervision 
    of persons licensed to practice medicine or surgery in the State, or 
    in the case of dental diagnosis or treatment, under the professional 
    supervision of persons licensed to practice dentistry in the State; 
    or
        (C) which offers to patients not requiring hospitalization the 
    services of licensed physicians in various medical specialties, and 
    which provides to its patients a reasonably full-range of diagnostic 
    and treatment services.

    (5) The term ``rehabilitation facility'' means a facility which is 
operated for the primary purpose of assisting in the rehabilitation of 
disabled persons through an integrated program of--
        (A) medical evaluation and services, and
        (B) psychological, social, or vocational evaluation and 
    services,

under competent professional supervision, and in the case of which the 
major portion of the required evaluation and services is furnished 
within the facility; and either the facility is operated in connection 
with a hospital, or all medical and related health services are 
prescribed by, or are under the general direction of, persons licensed 
to practice medicine or surgery in the State.
    (6) The term ``facility for long-term care'' means a facility 
(including a skilled nursing or intermediate care facility) providing 
in-patient care for convalescent or chronic disease patients who 
required skilled nursing or intermediate care and related medical 
services--
        (A) which is a hospital (other than a hospital primarily for the 
    care and treatment of mentally ill or tuberculous patients) or is 
    operated in connection with a hospital, or
        (B) in which such care and medical services are prescribed by, 
    or are performed under the general direction of, persons licensed to 
    practice medicine or surgery in the State.

    (7) The term ``construction'' means construction of new buildings 
and initial equipment of such buildings and, in any case in which it 
will help to provide a service not previously provided in the community, 
equipment of any buildings; including architects' fees, but excluding 
the cost of off-site improvements and, except with respect to public 
health centers, the cost of the acquisition of land.
    (8) The term ``cost'' as applied to construction, modernization, or 
conversion means the amount found by the Secretary to be necessary for 
construction, modernization, or conversion, respectively, under a 
project, except that, in the case of a modernization project or a 
project assisted under part B of this subchapter, such term does not 
include any amount found by the Secretary to be attributable to 
expansion of the bed capacity of any facility.
    (9) The term ``modernization'' includes the alteration, expansion, 
major repair (to the extent permitted by regulations), remodeling, 
replacement, and renovation of existing buildings (including initial 
equipment thereof), and the replacement of obsolete equipment of 
existing buildings.
    (10) The term ``title,'' \2\ when used with reference to a site for 
a project, means a fee simple, or such other estate or interest 
(including a leasehold on which the rental does not exceed 4 per centum 
of the value of the land) as the Secretary finds sufficient to assure 
for a period of not less than twenty-five years' undisturbed use and 
possession for the purposes of construction, modernization, or 
conversion and operation of the project for a period of not less than 
(A) twenty years in the case of a project assisted under an allotment or 
grant under this subchapter, or (B) the term of repayment of a loan made 
or guaranteed under this subchapter in the case of a project assisted by 
a loan or loan guarantee.
---------------------------------------------------------------------------
    \2\ So in original. The comma probably should follow the ending 
quotations.
---------------------------------------------------------------------------
    (11) The term ``medical facility'' means a hospital, public health 
center, outpatient medical facility, rehabilitation facility, facility 
for long-term care, or other facility (as may be designated by the 
Secretary) for the provision of health care to ambulatory patients.
    (12) The term ``State Agency'' means the State health planning and 
development agency of a State designated under subchapter XIII of this 
chapter.\3\
---------------------------------------------------------------------------
    \3\ See References in Text note below.
---------------------------------------------------------------------------
    (13) The term ``urban or rural poverty area'' means an urban or 
rural geographical area (as defined by the Secretary) in which a 
percentage (as defined by the Secretary in accordance with the next 
sentence) of the residents of the area have incomes below the poverty 
level (as defined by the Secretary of Commerce). The percentage referred 
to in the preceding sentence shall be defined so that the percentage of 
the population of the United States residing in urban and rural poverty 
areas is--
        (A) not more than the percentage of the total population of the 
    United States with incomes below the poverty level (as so defined) 
    plus five per centum, and
        (B) not less than such percentage minus five per centum.

    (14) The term ``medically underserved population'' means the 
population of an urban or rural area designated by the Secretary as an 
area with a shortage of health facilities or a population group 
designated by the Secretary as having a shortage of such facilities.

(July 1, 1944, ch. 373, title XVI, Sec. 1624, formerly Sec. 1633, as 
added Pub. L. 93-641, Sec. 4, Jan. 4, 1975, 88 Stat. 2270; amended Pub. 
L. 94-484, title IX, Sec. 905(b)(1), Oct. 12, 1976, 90 Stat. 2325; Pub. 
L. 95-83, title I, Sec. 106(z), Aug. 1, 1977, 91 Stat. 386; renumbered 
Sec. 1624 and amended Pub. L. 96-79, title II, Secs. 202(b), 203(e)(1), 
title III, Sec. 301(b), Oct. 4, 1979, 93 Stat. 632, 635, 640.)

                       References in Text

    Subchapter XIII of this chapter, referred to in par. (12), was 
repealed effective Jan. 1, 1987, by Pub. L. 99-660, title VII, 
Sec. 701(a), Nov. 14, 1986, 100 Stat. 3799.

                          Codification

    ``Part B of this subchapter'' substituted for ``Part D of this 
subchapter'' in par. (8) pursuant to the redesignation of former part D 
of this subchapter as B by Pub. L. 96-79, title II, Sec. 202(a), Oct. 4, 
1979, 93 Stat. 632.


                               Amendments

    1979--Pub. L. 96-79, Sec. 301(b), inserted ``Except as provided in 
section 300t-12(e) of this title''.
    Pars. (1) to (16). Pub. L. 96-79, Sec. 203(e)(1), struck out pars. 
(1) and (2) which defined ``State'' and ``Federal share'' and 
redesignated pars. (3) through (16) as pars. (1) through (14), 
respectively.
    1977--Par. (14). Pub. L. 95-83 substituted ``subchapter XIII'' for 
``subchapter XII''.
    1976--Par. (1). Pub. L. 94-484 defined ``State'' to include Northern 
Mariana Islands.


                    Effective Date of 1979 Amendment

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

                  Section Referred to in Other Sections

    This section is referred to in sections 290dd-1, 300s-1, 6372 of 
this title.
