§ 254b. Health centers
(a) ‘‘Health center’’ defined
(1) In general
For purposes of this section, the term
‘‘health center’’ means an entity that serves a
population that is medically underserved, or a
special medically underserved population com-
prised of migratory and seasonal agricultural
workers, the homeless, and residents of public
housing, by providing, either through the staff
and supporting resources of the center or
through contracts or cooperative arrange-
ments—
(A) required primary health services (as
defined in subsection (b)(1)); and
(B) as may be appropriate for particular
centers, additional health services (as de-
fined in subsection (b)(2)) necessary for the
adequate support of the primary health serv-
ices required under subparagraph (A);
for all residents of the area served by the cen-
ter (hereafter referred to in this section as the
‘‘catchment area’’).
(2) Limitation
The requirement in paragraph (1) to provide
services for all residents within a catchment
area shall not apply in the case of a health
center receiving a grant only under subsection
(g), (h), or (i).
(b) Definitions
For purposes of this section:
(1) Required primary health services
(A) In general
The term ‘‘required primary health serv-
ices’’ means—
(i) basic health services which, for pur-
poses of this section, shall consist of—
(I) health services related to family
medicine, internal medicine, pediatrics,
obstetrics, or gynecology that are fur-
nished by physicians and where appro-
priate, physician assistants, nurse prac-
titioners, and nurse midwives;
(II)
diagnostic
laboratory
and
radiologic services;
(III) preventive health services, includ-
ing—
(aa) prenatal and perinatal services;
(bb) appropriate cancer screening;
(cc) well-child serv
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Authority boundary: historical or unconfirmed source not current law verified.
Stable record: federal_law:legal_authorities:uscode2024_0e7fa9f481e4b904d7de7ba1 Source file: Laws/federal/codes/united-states-code-2024/title-42/section-254b-health-centers--1106839bd2.md Pages: Not recorded – Not recorded Passage SHA-256: ae6e4734f2a0f18e809c663dbb16b9f62858c92e0c486e7ee7bdf3a8eb7297d3 Retained source evidence SHA-256: 791cb07675f1ca306ee956f7932594c84425e4a4d591246e5b1f7fc3c8256cb8
Page 340
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 254b
Health Service for the year in which such pro-
ceeds are received.
(July 1, 1944, ch. 373, title III, § 327A, formerly
§ 328, as added Pub. L. 90–174, § 7, Dec. 5, 1967, 81
Stat. 539; renumbered § 327A, Pub. L. 95–626, title
I, § 113(a)(2), Nov. 10, 1978, 92 Stat. 3562; amended
Pub. L. 100–607, title VI, § 629(a)(1), Nov. 4, 1988,
102 Stat. 3146.)
Editorial Notes
AMENDMENTS
1988—Subsec. (b)(1). Pub. L. 100–607 inserted ‘‘schools
of osteopathic medicine,’’ after ‘‘schools of medicine,’’
and ‘‘professions’’ after ‘‘health’’.
Statutory Notes and Related Subsidiaries
AVAILABILITY OF APPROPRIATIONS FOR EXPENSES OF
SHARING MEDICAL CARE FACILITIES AND RESOURCES
Pub. L. 102–394, title II, § 204, Oct. 6, 1992, 106 Stat.
1811, provided that: ‘‘Funds advanced to the National
Institutes of Health Management Fund from appropria-
tions in this Act or subsequent Departments of Labor,
Health and Human Services, and Education, and Re-
lated Agencies Appropriations Acts shall be available
for the expenses of sharing medical care facilities and
resources pursuant to section 327A of the Public Health
Service Act [42 U.S.C. 254a].’’
Similar provisions were contained in the following
prior appropriation acts:
Pub. L. 102–170, title II, § 204, Nov. 26, 1991, 105 Stat.
1126.
Pub. L. 101–517, title II, § 204, Nov. 5, 1990, 104 Stat.
2208.
Pub. L. 101–166, title II, § 205, Nov. 21, 1989, 103 Stat.
1177.
Pub. L. 100–202, § 101(h) [title II, § 205], Dec. 22, 1987, 101
Stat. 1329–256, 1329–274.
Pub. L. 99–500, § 101(i) [H.R. 5233, title II, § 205], Oct. 18,
1986, 100 Stat. 1783–287, and Pub. L. 99–591, § 101(i) [H.R.
5233, title II, § 205], Oct. 30, 1986, 100 Stat. 3341–287.
Pub. L. 99–178, title II, § 205, Dec. 12, 1985, 99 Stat. 1119.
Pub. L. 98–619, title II, § 205, Nov. 8, 1984, 98 Stat. 3321.
Pub. L. 98–139, title II, § 205, Oct. 31, 1983, 97 Stat. 887.
Pub. L. 97–377, title I, § 101(e)(1) [title II, § 205], Dec. 21,
1982, 96 Stat. 1878, 1894.
PART D—PRIMARY HEALTH CARE
Editorial Notes
CODIFICATION
Pub. L. 95–626, title I, § 113(a)(3), Nov. 10, 1978, 92 Stat.
3562, added heading ‘‘Part D—Primary Health Care’’.
SUBPART I—HEALTH CENTERS
Editorial Notes
CODIFICATION
Pub. L. 104–299, § 2, Oct. 11, 1996, 110 Stat. 3626, sub-
stituted ‘‘Health Centers’’ for ‘‘Primary Health Cen-
ters’’ in subpart heading.
Pub. L. 95–626, title I, § 113(a)(3), Nov. 10, 1978, 92 Stat.
3562, added heading ‘‘Subpart I—Primary Health Cen-
ters’’.
§ 254b. Health centers
(a) ‘‘Health center’’ defined
(1) In general
For purposes of this section, the term
‘‘health center’’ means an entity that serves a
population that is medically underserved, or a
special medically underserved population com-
prised of migratory and seasonal agricultural
workers, the homeless, and residents of public
housing, by providing, either through the staff
and supporting resources of the center or
through contracts or cooperative arrange-
ments—
(A) required primary health services (as
defined in subsection (b)(1)); and
(B) as may be appropriate for particular
centers, additional health services (as de-
fined in subsection (b)(2)) necessary for the
adequate support of the primary health serv-
ices required under subparagraph (A);
for all residents of the area served by the cen-
ter (hereafter referred to in this section as the
‘‘catchment area’’).
(2) Limitation
The requirement in paragraph (1) to provide
services for all residents within a catchment
area shall not apply in the case of a health
center receiving a grant only under subsection
(g), (h), or (i).
(b) Definitions
For purposes of this section:
(1) Required primary health services
(A) In general
The term ‘‘required primary health serv-
ices’’ means—
(i) basic health services which, for pur-
poses of this section, shall consist of—
(I) health services related to family
medicine, internal medicine, pediatrics,
obstetrics, or gynecology that are fur-
nished by physicians and where appro-
priate, physician assistants, nurse prac-
titioners, and nurse midwives;
(II)
diagnostic
laboratory
and
radiologic services;
(III) preventive health services, includ-
ing—
(aa) prenatal and perinatal services;
(bb) appropriate cancer screening;
(cc) well-child services;
(dd) immunizations against vaccine-
preventable diseases;
(ee) screenings for elevated blood
lead levels, communicable diseases,
and cholesterol;
(ff) pediatric eye, ear, and dental
screenings to determine the need for
vision and hearing correction and den-
tal care;
(gg) voluntary family planning serv-
ices; and
(hh) preventive dental services;
(IV) emergency medical services; and
(V) pharmaceutical services as may be
appropriate for particular centers;
(ii) referrals to providers of medical serv-
ices (including specialty referral when
medically indicated) and other health-re-
lated services (including substance use dis-
order and mental health services);
(iii) patient case management services
(including counseling, referral, and follow-
up services) and other services designed to
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TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 254b
assist health center patients in estab-
lishing eligibility for and gaining access to
Federal, State, and local programs that
provide or financially support the provi-
sion of medical, social, housing, edu-
cational, or other related services;
(iv) services that enable individuals to
use the services of the health center (in-
cluding outreach and transportation serv-
ices and, if a substantial number of the in-
dividuals in the population served by a
center are of limited English-speaking
ability, the services of appropriate per-
sonnel fluent in the language spoken by a
predominant number of such individuals);
and
(v) education of patients and the general
population served by the health center re-
garding the availability and proper use of
health services.
(B) Exception
With respect to a health center that re-
ceives a grant only under subsection (g), the
Secretary, upon a showing of good cause,
shall—
(i) waive the requirement that the center
provide all required primary health serv-
ices under this paragraph; and
(ii) approve, as appropriate, the provi-
sion of certain required primary health
services only during certain periods of the
year.
(2) Additional health services
The
term
‘‘additional
health
services’’
means services that are not included as re-
quired primary health services and that are
appropriate to meet the health needs of the
population served by the health center in-
volved. Such term may include—
(A) behavioral and mental health and sub-
stance use disorder services;
(B) recuperative care services;
(C) environmental health services, includ-
ing—
(i) the detection and alleviation of
unhealthful conditions associated with—
(I) water supply;
(II) chemical and pesticide exposures;
(III) air quality; or
(IV) exposure to lead;
(ii) sewage treatment;
(iii) solid waste disposal;
(iv) rodent and parasitic infestation;
(v) field sanitation;
(vi) housing; and
(vii) other environmental factors related
to health; and
(D) in the case of health centers receiving
grants under subsection (g), special occupa-
tion-related health services for migratory
and seasonal agricultural workers, includ-
ing—
(i) screening for and control of infectious
diseases, including parasitic diseases; and
(ii) injury prevention programs, includ-
ing prevention of exposure to unsafe levels
of agricultural chemicals including pes-
ticides.
(3) Medically underserved populations
(A) In general
The term ‘‘medically underserved popu-
lation’’ means the population of an urban or
rural area designated by the Secretary as an
area with a shortage of personal health serv-
ices or a population group designated by the
Secretary as having a shortage of such serv-
ices.
(B) Criteria
In carrying out subparagraph (A), the Sec-
retary shall prescribe criteria for deter-
mining the specific shortages of personal
health services of an area or population
group. Such criteria shall—
(i) take into account comments received
by the Secretary from the chief executive
officer of a State and local officials in a
State; and
(ii) include factors indicative of the
health status of a population group or resi-
dents of an area, the ability of the resi-
dents of an area or of a population group
to pay for health services and their acces-
sibility to them, and the availability of
health professionals to residents of an area
or to a population group.
(C) Limitation
The Secretary may not designate a medi-
cally underserved population in a State or
terminate the designation of such a popu-
lation unless, prior to such designation or
termination, the Secretary provides reason-
able notice and opportunity for comment
and consults with—
(i) the chief executive officer of such
State;
(ii) local officials in such State; and
(iii) the organization, if any, which rep-
resents a majority of health centers in
such State.
(D) Permissible designation
The Secretary may designate a medically
underserved population that does not meet
the criteria established under subparagraph
(B) if the chief executive officer of the State
in which such population is located and local
officials of such State recommend the des-
ignation of such population based on un-
usual local conditions which are a barrier to
access to or the availability of personal
health services.
(c) Planning grants
(1) Centers
The Secretary may make grants to public
and nonprofit private entities for projects to
plan and develop health centers which will
serve medically underserved populations. A
project for which a grant may be made under
this subsection may include the cost of the ac-
quisition and lease of buildings and equipment
(including the costs of amortizing the prin-
cipal of, and paying the interest on, loans) and
shall include—
(A) an assessment of the need that the pop-
ulation proposed to be served by the health
center for which the project is undertaken
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TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 254b
has for required primary health services and
additional health services;
(B) the design of a health center program
for such population based on such assess-
ment;
(C) efforts to secure, within the proposed
catchment area of such center, financial and
professional assistance and support for the
project;
(D) initiation and encouragement of con-
tinuing community involvement in the de-
velopment and operation of the project; and
(E) proposed linkages between the center
and other appropriate provider entities, such
as health departments, local hospitals, and
rural health clinics, to provide better coordi-
nated, higher quality, and more cost-effec-
tive health care services.
(2) Limitation
Not more than two grants may be made
under this subsection for the same project, ex-
cept that upon a showing of good cause, the
Secretary may make additional grant awards.
(3) Recognition of high poverty
(A) In general
In making grants under this subsection,
the Secretary may recognize the unique
needs of high poverty areas.
(B) High poverty area defined
For purposes of subparagraph (A), the term
‘‘high poverty area’’ means a catchment
area which is established in a manner that is
consistent with the factors in subsection
(k)(3)(J), and the poverty rate of which is
greater than the national average poverty
rate as determined by the Bureau of the Cen-
sus.
(d) Improving quality of care
(1) Supplemental awards
The Secretary may award supplemental
grant funds to health centers funded under
this section to implement evidence-based mod-
els for increasing access to high-quality pri-
mary care services, which may include models
related to—
(A) improving the delivery of care for indi-
viduals with multiple chronic conditions;
(B) workforce configuration;
(C) reducing the cost of care;
(D) enhancing care coordination;
(E) expanding the use of telehealth and
technology-enabled collaborative learning
and capacity building models;
(F) care integration, including integration
of behavioral health, mental health, or sub-
stance use disorder services;
(G) addressing emerging public health or
substance use disorder issues to meet the
health needs of the population served by the
health center; and
(H) improving access to recommended im-
munizations.
(2) Sustainability
In making supplemental awards under this
subsection, the Secretary may consider wheth-
er the health center involved has submitted a
plan for continuing the activities funded under
this subsection after supplemental funding is
expended.
(3) Special consideration
The Secretary may give special consider-
ation to applications for supplemental funding
under this subsection that seek to address sig-
nificant barriers to access to care in areas
with a greater shortage of health care pro-
viders and health services relative to the na-
tional average.
(e) Operating grants
(1) Authority
(A) In general
The Secretary may make grants for the
costs of the operation of public and non-
profit private health centers that provide
health services to medically underserved
populations.
(B) Entities that fail to meet certain require-
ments
The Secretary may make grants, for a pe-
riod of not to exceed 1 year, for the costs of
the operation of public and nonprofit private
entities which provide health services to
medically underserved populations but with
respect to which the Secretary is unable to
make each of the determinations required by
subsection (k)(3). The Secretary shall not
make a grant under this paragraph unless
the applicant provides assurances to the
Secretary that within 120 days of receiving
grant funding for the operation of the health
center, the applicant will submit, for ap-
proval by the Secretary, an implementation
plan to meet the requirements of subsection
(k)(3). The Secretary may extend such 120-
day period for achieving compliance upon a
demonstration of good cause by the health
center.
(C) Operation of networks
The Secretary may make grants to health
centers that receive assistance under this
section, or at the request of the health cen-
ters, directly to a network that is at least
majority controlled and, as applicable, at
least majority owned by such health centers
receiving assistance under this section, for
the costs associated with the operation of
such network including—
(i) the purchase or lease of equipment,
which may include data and information
systems (including the costs of amortizing
the principal of, and paying the interest
on, loans for equipment);
(ii) the provision of training and tech-
nical assistance; and
(iii) other activities that—
(I) reduce costs associated with the
provision of health services;
(II) improve access to, and availability
of, health services provided to individ-
uals served by the centers;
(III) enhance the quality and coordina-
tion of health services; or
(IV) improve the health status of com-
munities.
(2) Use of funds
The costs for which a grant may be made
under subparagraph (A) or (B) of paragraph (1)
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TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 254b
may include the costs of acquiring and leasing
buildings and equipment (including the costs
of amortizing the principal of, and paying in-
terest on, loans), and the costs of providing
training related to the provision of required
primary health services and additional health
services and to the management of health cen-
ter programs.
(3) Construction
The Secretary may award grants which may
be used to pay the costs associated with ex-
panding and modernizing existing buildings or
constructing new buildings (including the
costs of amortizing the principal of, and pay-
ing the interest on, loans) for projects ap-
proved prior to October 1, 1996.
(4) Limitation
Not more than two grants may be made
under subparagraph (B) of paragraph (1) for
the same entity.
(5) Amount
(A) In general
The amount of any grant made in any fis-
cal year under subparagraphs (A) and (B) of
paragraph (1) to a health center shall be de-
termined by the Secretary, but may not ex-
ceed the amount by which the costs of oper-
ation of the center in such fiscal year exceed
the total of—
(i) State, local, and other operational
funding provided to the center; and
(ii) the fees, premiums, and third-party
reimbursements, which the center may
reasonably be expected to receive for its
operations in such fiscal year.
(B) Networks
The total amount of grant funds made
available for any fiscal year under paragraph
(1)(C) to a health center or to a network
shall be determined by the Secretary, but
may not exceed 2 percent of the total
amount appropriated under this section for
such fiscal year.
(C) Payments
Payments under grants under subpara-
graph (A) or (B) of paragraph (1) shall be
made in advance or by way of reimburse-
ment and in such installments as the Sec-
retary finds necessary and adjustments may
be made for overpayments or underpay-
ments.
(D) Use of nongrant funds
Nongrant funds described in clauses (i) and
(ii) of subparagraph (A), including any such
funds in excess of those originally expected,
shall be used as permitted under this sec-
tion, and may be used for such other pur-
poses as are not specifically prohibited
under this section if such use furthers the
objectives of the project.
(6) New access points and expanded services
(A) Approval of new access points
(i) In general
The Secretary may approve applications
for grants under subparagraph (A) or (B) of
paragraph (1) to establish new delivery
sites.
(ii) Special consideration
In carrying out clause (i), the Secretary
may give special consideration to appli-
cants that have demonstrated the new de-
livery site will be located within a sparse-
ly populated area, or an area which has a
level of unmet need that is higher relative
to other applicants.
(iii) Consideration of applications
In carrying out clause (i), the Secretary
shall approve applications for grants in
such a manner that the ratio of the medi-
cally underserved populations in rural
areas which may be expected to use the
services provided by the applicants in-
volved to the medically underserved popu-
lations in urban areas which may be ex-
pected to use the services provided by the
applicants is not less than two to three or
greater than three to two.
(iv) Service area overlap
If in carrying out clause (i) the applicant
proposes to serve an area that is currently
served by another health center funded
under this section, the Secretary may con-
sider whether the award of funding to an
additional health center in the area can be
justified based on the unmet need for addi-
tional services within the catchment area.
(v) Mobile units
An existing health center may be award-
ed funds under clause (i) to establish a new
delivery site that is a mobile unit, regard-
less of whether the applicant additionally
proposes to establish a permanent, full-
time site. In the case of a health center
that is not currently receiving funds under
this section, such health center may be
awarded funds under clause (i) to establish
a new delivery site that is a mobile unit
only if such health center uses a portion of
such funds to also establish a permanent,
full-time site.
(B) Approval of expanded service applica-
tions
(i) In general
The Secretary may approve applications
for grants under subparagraph (A) or (B) of
paragraph (1) to expand the capacity of the
applicant to provide required primary
health services described in subsection
(b)(1) or additional health services de-
scribed in subsection (b)(2).
(ii) Priority expansion projects
In carrying out clause (i), the Secretary
may give special consideration to ex-
panded service applications that seek to
address emerging public health or behav-
ioral health, mental health, or substance
abuse issues through increasing the avail-
ability of additional health services de-
scribed in subsection (b)(2) in an area in
which there are significant barriers to ac-
cessing care.
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TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 254b
(iii) Consideration of applications
In carrying out clause (i), the Secretary
shall approve applications for grants in
such a manner that the ratio of the medi-
cally underserved populations in rural
areas which may be expected to use the
services provided by the applicants in-
volved to the medically underserved popu-
lations in urban areas which may be ex-
pected to use the services provided by such
applicants is not less than two to three or
greater than three to two.
(f) Infant mortality grants
(1) In general
The Secretary may make grants to health
centers for the purpose of assisting such cen-
ters in—
(A) providing comprehensive health care
and support services for the reduction of—
(i) the incidence of infant mortality; and
(ii) morbidity among children who are
less than 3 years of age; and
(B) developing and coordinating service
and referral arrangements between health
centers and other entities for the health
management of pregnant women and chil-
dren described in subparagraph (A).
(2) Priority
In making grants under this subsection the
Secretary shall give priority to health centers
providing services to any medically under-
served population among which there is a sub-
stantial incidence of infant mortality or
among which there is a significant increase in
the incidence of infant mortality.
(3) Requirements
The Secretary may make a grant under this
subsection only if the health center involved
agrees that—
(A) the center will coordinate the provi-
sion of services under the grant to each of
the recipients of the services;
(B) such services will be continuous for
each such recipient;
(C) the center will provide follow-up serv-
ices for individuals who are referred by the
center for services described in paragraph
(1);
(D) the grant will be expended to supple-
ment, and not supplant, the expenditures of
the center for primary health services (in-
cluding prenatal care) with respect to the
purpose described in this subsection; and
(E) the center will coordinate the provi-
sion of services with other maternal and
child health providers operating in the
catchment area.
(g) Migratory and seasonal agricultural workers
(1) In general
The Secretary may award grants for the pur-
poses described in subsections (c), (e), and (f)
for the planning and delivery of services to a
special medically underserved population com-
prised of—
(A) migratory agricultural workers, sea-
sonal agricultural workers, and members of
the families of such migratory and seasonal
agricultural workers who are within a des-
ignated catchment area; and
(B) individuals who have previously been
migratory agricultural workers but who no
longer meet the requirements of subpara-
graph (A) of paragraph (3) because of age or
disability and members of the families of
such
individuals
who
are
within
such
catchment area.
(2) Environmental concerns
The Secretary may enter into grants or con-
tracts under this subsection with public and
private entities to—
(A) assist the States in the implementa-
tion and enforcement of acceptable environ-
mental health standards, including enforce-
ment of standards for sanitation in migra-
tory agricultural worker and seasonal agri-
cultural worker labor camps, and applicable
Federal and State pesticide control stand-
ards; and
(B) conduct projects and studies to assist
the several States and entities which have
received grants or contracts under this sec-
tion in the assessment of problems related
to camp and field sanitation, exposure to un-
safe levels of agricultural chemicals includ-
ing pesticides, and other environmental
health hazards to which migratory agricul-
tural workers and seasonal agricultural
workers, and members of their families, are
exposed.
(3) Definitions
For purposes of this subsection:
(A) Migratory agricultural worker
The term ‘‘migratory agricultural worker’’
means an individual whose principal employ-
ment is in agriculture, who has been so em-
ployed within the last 24 months, and who
establishes for the purposes of such employ-
ment a temporary abode.
(B) Seasonal agricultural worker
The term ‘‘seasonal agricultural worker’’
means an individual whose principal employ-
ment is in agriculture on a seasonal basis
and who is not a migratory agricultural
worker.
(C) Agriculture
The term ‘‘agriculture’’ means farming in
all its branches, including—
(i) cultivation and tillage of the soil;
(ii) the production, cultivation, growing,
and harvesting of any commodity grown
on, in, or as an adjunct to or part of a com-
modity grown in or on, the land; and
(iii) any practice (including preparation
and processing for market and delivery to
storage or to market or to carriers for
transportation to market) performed by a
farmer or on a farm incident to or in con-
junction with an activity described in
clause (ii).
(h) Homeless population
(1) In general
The Secretary may award grants for the pur-
poses described in subsections (c), (e), and (f)
for the planning and delivery of services to a
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TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 254b
special medically underserved population com-
prised
of
homeless
individuals,
including
grants for innovative programs that provide
outreach and comprehensive primary health
services to homeless children and youth, chil-
dren and youth at risk of homelessness, home-
less veterans, and veterans at risk of home-
lessness.
(2) Required services
In addition to required primary health serv-
ices (as defined in subsection (b)(1)), an entity
that receives a grant under this subsection
shall be required to provide substance abuse
services as a condition of such grant.
(3) Supplement not supplant requirement
A grant awarded under this subsection shall
be expended to supplement, and not supplant,
the expenditures of the health center and the
value of in kind contributions for the delivery
of services to the population described in para-
graph (1).
(4) Temporary continued provision of services
to certain former homeless individuals
If any grantee under this subsection has pro-
vided services described in this section under
the grant to a homeless individual, such grant-
ee may, notwithstanding that the individual is
no longer homeless as a result of becoming a
resident in permanent housing, expend the
grant to continue to provide such services to
the individual for not more than 12 months.
(5) Definitions
For purposes of this section:
(A) Homeless individual
The term ‘‘homeless individual’’ means an
individual who lacks housing (without re-
gard to whether the individual is a member
of a family), including an individual whose
primary residence during the night is a su-
pervised public or private facility that pro-
vides temporary living accommodations and
an individual who is a resident in transi-
tional housing.
(B) Substance use disorder services
The term ‘‘substance use disorder serv-
ices’’ includes detoxification, risk reduction,
outpatient treatment, residential treatment,
and rehabilitation for substance abuse pro-
vided in settings other than hospitals.
(i) Residents of public housing
(1) In general
The Secretary may award grants for the pur-
poses described in subsections (c), (e), and (f)
for the planning and delivery of services to a
special medically underserved population com-
prised of residents of public housing (such
term, for purposes of this subsection, shall
have the same meaning given such term in
section 1437a(b)(1) of this title) and individuals
living in areas immediately accessible to such
public housing.
(2) Supplement not supplant
A grant awarded under this subsection shall
be expended to supplement, and not supplant,
the expenditures of the health center and the
value of in kind contributions for the delivery
of services to the population described in para-
graph (1).
(3) Consultation with residents
The Secretary may not make a grant under
paragraph (1) unless, with respect to the resi-
dents of the public housing involved, the appli-
cant for the grant—
(A) has consulted with the residents in the
preparation of the application for the grant;
and
(B) agrees to provide for ongoing consulta-
tion with the residents regarding the plan-
ning and administration of the program car-
ried out with the grant.
(j) Access grants
(1) In general
The Secretary may award grants to eligible
health centers with a substantial number of
clients with limited English speaking pro-
ficiency to provide translation, interpretation,
and other such services for such clients with
limited English speaking proficiency.
(2) Eligible health center
In this subsection, the term ‘‘eligible health
center’’ means an entity that—
(A) is a health center as defined under sub-
section (a);
(B) provides health care services for cli-
ents for whom English is a second language;
and
(C) has exceptional needs with respect to
linguistic access or faces exceptional chal-
lenges with respect to linguistic access.
(3) Grant amount
The amount of a grant awarded to a center
under this subsection shall be determined by
the Administrator. Such determination of
such amount shall be based on the number of
clients for whom English is a second language
that is served by such center, and larger grant
amounts shall be awarded to centers serving
larger numbers of such clients.
(4) Use of funds
An eligible health center that receives a
grant under this subsection may use funds re-
ceived through such grant to—
(A) provide translation, interpretation,
and other such services for clients for whom
English is a second language, including hir-
ing professional translation and interpreta-
tion services; and
(B) compensate bilingual or multilingual
staff for language assistance services pro-
vided by the staff for such clients.
(5) Application
An eligible health center desiring a grant
under this subsection shall submit an applica-
tion to the Secretary at such time, in such
manner, and containing such information as
the Secretary may reasonably require, includ-
ing—
(A) an estimate of the number of clients
that the center serves for whom English is a
second language;
(B) the ratio of the number of clients for
whom English is a second language to the
total number of clients served by the center;
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(C) a description of any language assist-
ance services that the center proposes to
provide to aid clients for whom English is a
second language; and
(D) a description of the exceptional needs
of such center with respect to linguistic ac-
cess or a description of the exceptional chal-
lenges faced by such center with respect to
linguistic access.
(6) Authorization of appropriations
There are authorized to be appropriated to
carry out this subsection, in addition to any
funds authorized to be appropriated or appro-
priated for health centers under any other sub-
section of this section, such sums as may be
necessary for each of fiscal years 2002 through
2006.
(k) Applications
(1) Submission
No grant may be made under this section un-
less an application therefore is submitted to,
and approved by, the Secretary. Such an appli-
cation shall be submitted in such form and
manner and shall contain such information as
the Secretary shall prescribe.
(2) Description of unmet need
An application for a grant under subpara-
graph (A) or (B) of subsection (e)(1) or sub-
section (e)(6) for a health center shall in-
clude—
(A) a description of the unmet need for
health services in the catchment area of the
center;
(B) a demonstration by the applicant that
the area or the population group to be served
by the applicant has a shortage of personal
health services;
(C) a demonstration that the center will be
located so that it will provide services to the
greatest number of individuals residing in
the catchment area or included in such pop-
ulation group; and
(D) in the case of an application for a
grant pursuant to subsection (e)(6), a dem-
onstration that the applicant has consulted
with appropriate State and local govern-
ment agencies, and health care providers re-
garding the need for the health services to
be provided at the proposed delivery site.
Such a demonstration shall be made on the
basis of the criteria prescribed by the Sec-
retary under subsection (b)(3) or on any other
criteria which the Secretary may prescribe to
determine if the area or population group to
be served by the applicant has a shortage of
personal health services. In considering an ap-
plication for a grant under subparagraph (A)
or (B) of subsection (e)(1), the Secretary may
require as a condition to the approval of such
application an assurance that the applicant
will provide any health service defined under
paragraphs (1) and (2) of subsection (b) that
the Secretary finds is needed to meet specific
health needs of the area to be served by the
applicant. Such a finding shall be made in
writing and a copy shall be provided to the ap-
plicant.
(3) Requirements
Except as provided in subsection (e)(1)(B) or
subsection (e)(6), the Secretary may not ap-
prove an application for a grant under sub-
paragraph (A) or (B) of subsection (e)(1) unless
the Secretary determines that the entity for
which the application is submitted is a health
center (within the meaning of subsection (a))
and that—
(A) the required primary health services of
the center will be available and accessible in
the catchment area of the center promptly,
as appropriate, and in a manner which
assures continuity;
(B) the center has made and will continue
to make every reasonable effort to establish
and maintain collaborative relationships
with other health care providers, including
other health care providers that provide care
within the catchment area, local hospitals,
and specialty providers in the catchment
area of the center, to provide access to serv-
ices not available through the health center
and to reduce the non-urgent use of hospital
emergency departments;
(C) the center will have an ongoing quality
improvement system that includes clinical
services and management, and that main-
tains the confidentiality of patient records;
(D) the center will demonstrate its finan-
cial responsibility by the use of such ac-
counting procedures and other requirements
as may be prescribed by the Secretary;
(E) the center—
(i)(I) has or will have a contractual or
other arrangement with the agency of the
State, in which it provides services, which
administers or supervises the administra-
tion of a State plan approved under title
XIX of the Social Security Act [42 U.S.C.
1396 et seq.] for the payment of all or a
part of the center’s costs in providing
health services to persons who are eligible
for medical assistance under such a State
plan; and
(II) has or will have a contractual or
other arrangement with the State agency
administering the program under title XXI
of such Act (42 U.S.C. 1397aa et seq.) with
respect to individuals who are State chil-
dren’s health insurance program bene-
ficiaries; or
(ii) has made or will make every reason-
able effort to enter into arrangements de-
scribed in subclauses (I) and (II) of clause
(i);
(F) the center has made or will make and
will continue to make every reasonable ef-
fort to collect appropriate reimbursement
for its costs in providing health services to
persons who are entitled to insurance bene-
fits under title XVIII of the Social Security
Act [42 U.S.C. 1395 et seq.], to medical assist-
ance under a State plan approved under title
XIX of such Act [42 U.S.C. 1396 et seq.], or to
assistance for medical expenses under any
other public assistance program or private
health insurance program;
(G) the center—
(i) has prepared a schedule of fees or pay-
ments for the provision of its services con-
sistent with locally prevailing rates or
charges and designed to cover its reason-
able costs of operation and has prepared a
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TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 254b
corresponding schedule of discounts to be
applied to the payment of such fees or pay-
ments, which discounts are adjusted on the
basis of the patient’s ability to pay;
(ii) has made and will continue to make
every reasonable effort—
(I) to secure from patients payment for
services in accordance with such sched-
ules; and
(II)
to
collect
reimbursement
for
health services to persons described in
subparagraph (F) on the basis of the full
amount of fees and payments for such
services without application of any dis-
count;
(iii)(I) will assure that no patient will be
denied health care services due to an indi-
vidual’s inability to pay for such services;
and
(II) will assure that any fees or payments
required by the center for such services
will be reduced or waived to enable the
center to fulfill the assurance described in
subclause (I); and
(iv) has submitted to the Secretary such
reports as the Secretary may require to
determine compliance with this subpara-
graph;
(H) the center has established a governing
board which except in the case of an entity
operated by an Indian tribe or tribal or In-
dian organization under the Indian Self-De-
termination Act [25 U.S.C. 5321 et seq.] or an
urban Indian organization under the Indian
Health Care Improvement Act (25 U.S.C. 1651
et seq.)—
(i) is composed of individuals, a majority
of whom are being served by the center
and who, as a group, represent the individ-
uals being served by the center;
(ii) meets at least once a month, selects
the services to be provided by the center,
schedules the hours during which such
services will be provided, approves the cen-
ter’s annual budget, approves the selection
of a director for the center who shall be di-
rectly employed by the center, and, except
in the case of a governing board of a public
center (as defined in the second sentence
of this paragraph), establishes general
policies for the center; and
(iii) in the case of an application for a
second or subsequent grant for a public
center, has approved the application or if
the governing body has not approved the
application, the failure of the governing
body to approve the application was unrea-
sonable;
except that, upon a showing of good cause
the Secretary shall waive, for the length of
the project period, all or part of the require-
ments of this subparagraph in the case of a
health center that receives a grant pursuant
to subsection (g), (h), (i), or (p);
(I) the center has developed—
(i) an overall plan and budget that meets
the requirements of the Secretary; and
(ii) an effective procedure for compiling
and reporting to the Secretary such statis-
tics and other information as the Sec-
retary may require relating to—
(I) the costs of its operations;
(II) the patterns of use of its services;
(III) the availability, accessibility, and
acceptability of its services; and
(IV) such other matters relating to op-
erations of the applicant as the Sec-
retary may require;
(J) the center will review periodically its
catchment area to—
(i) ensure that the size of such area is
such that the services to be provided
through the center (including any sat-
ellite) are available and accessible to the
residents of the area promptly and as ap-
propriate;
(ii) ensure that the boundaries of such
area conform, to the extent practicable, to
relevant boundaries of political subdivi-
sions, school districts, and Federal and
State health and social service programs;
and
(iii) ensure that the boundaries of such
area eliminate, to the extent possible, bar-
riers to access to the services of the cen-
ter, including barriers resulting from the
area’s physical characteristics, its residen-
tial patterns, its economic and social
grouping, and available transportation;
(K) in the case of a center which serves a
population including a substantial propor-
tion of individuals of limited English-speak-
ing ability, the center has—
(i) developed a plan and made arrange-
ments responsive to the needs of such pop-
ulation for providing services to the extent
practicable in the language and cultural
context most appropriate to such individ-
uals; and
(ii) identified an individual on its staff
who is fluent in both that language and in
English and whose responsibilities shall
include providing guidance to such individ-
uals and to appropriate staff members with
respect to cultural sensitivities and bridg-
ing linguistic and cultural differences;
(L) the center, has developed an ongoing
referral relationship with one or more hos-
pitals;
(M) the center encourages persons receiv-
ing or seeking health services from the cen-
ter to participate in any public or private
(including
employer-offered)
health
pro-
grams or plans for which the persons are eli-
gible, so long as the center, in complying
with this subparagraph, does not violate the
requirements of subparagraph (G)(iii)(I); and
(N) the center has written policies and pro-
cedures in place to ensure the appropriate
use of Federal funds in compliance with ap-
plicable Federal statutes, regulations, and
the terms and conditions of the Federal
award.
For purposes of subparagraph (H), the term
‘‘public center’’ means a health center funded
(or to be funded) through a grant under this
section to a public agency.
(l) Technical assistance
The Secretary shall establish a program
through which the Secretary shall provide (ei-
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TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 254b
1 So in original. Probably should be ‘‘an’’.
ther through the Department of Health and
Human Services or by grant or contract) tech-
nical and other assistance to eligible entities to
assist such entities to meet the requirements of
subsection (k)(3). Services provided through the
program may include necessary technical and
nonfinancial assistance, including fiscal and
program management assistance, training in fis-
cal and program management, operational and
administrative support, and the provision of in-
formation to the entities of the variety of re-
sources available under this subchapter and how
those resources can be best used to meet the
health needs of the communities served by the
entities. Funds expended to carry out activities
under this subsection and operational support
activities under subsection (m) shall not exceed
3 percent of the amount appropriated for this
section for the fiscal year involved.
(m) Memorandum of agreement
In carrying out this section, the Secretary
may enter into a memorandum of agreement
with a State. Such memorandum may include,
where appropriate, provisions permitting such
State to—
(1) analyze the need for primary health serv-
ices for medically underserved populations
within such State;
(2) assist in the planning and development of
new health centers;
(3) review and comment upon annual pro-
gram plans and budgets of health centers, in-
cluding comments upon allocations of health
care resources in the State;
(4) assist health centers in the development
of clinical practices and fiscal and administra-
tive systems through a technical assistance
plan which is responsive to the requests of
health centers; and
(5) share information and data relevant to
the operation of new and existing health cen-
ters.
(n) Records
(1) In general
Each entity which receives a grant under
subsection (e) shall establish and maintain
such records as the Secretary shall require.
(2) Availability
Each entity which is required to establish
and maintain records under this subsection
shall make such books, documents, papers,
and records available to the Secretary or the
Comptroller General of the United States, or
any of their duly authorized representatives,
for examination, copying or mechanical repro-
duction on or off the premises of such entity
upon a reasonable request therefore. The Sec-
retary and the Comptroller General of the
United States, or any of their duly authorized
representatives, shall have the authority to
conduct such examination, copying, and repro-
duction.
(o) Delegation of authority
The Secretary may delegate the authority to
administer the programs authorized by this sec-
tion to any office, except that the authority to
enter into, modify, or issue approvals with re-
spect to grants or contracts may be delegated
only within the central office of the Health Re-
sources and Services Administration.
(p) Special consideration
In making grants under this section, the Sec-
retary shall give special consideration to the
unique needs of sparsely populated rural areas,
including giving priority in the awarding of
grants for new health centers under subsections
(c) and (e), and the granting of waivers as appro-
priate
and
permitted
under
subsections
(b)(1)(B)(i) and (k)(3)(G).
(q) Audits
(1) In general
Each entity which receives a grant under
this section shall provide for an independent
annual financial audit of any books, accounts,
financial records, files, and other papers and
property which relate to the disposition or use
of the funds received under such grant and
such other funds received by or allocated to
the project for which such grant was made.
For purposes of assuring accurate, current,
and complete disclosure of the disposition or
use of the funds received, each such audit shall
be conducted in accordance with generally ac-
cepted accounting principles. Each audit shall
evaluate—
(A) the entity’s implementation of the
guidelines established by the Secretary re-
specting cost accounting,
(B) the processes used by the entity to
meet the financial and program reporting re-
quirements of the Secretary, and
(C) the billing and collection procedures of
the entity and the relation of the procedures
to its fee schedule and schedule of discounts
and to the availability of health insurance
and public programs to pay for the health
services it provides.
A report of each such audit shall be filed with
the Secretary at such time and in such man-
ner as the Secretary may require.
(2) Records
Each entity which receives a grant under
this section shall establish and maintain such
records as the Secretary shall by regulation
require to facilitate the audit required by
paragraph (1). The Secretary may specify by
regulation the form and manner in which such
records shall be established and maintained.
(3) Availability of records
Each entity which is required to establish
and maintain records or to provide for and 1
audit under this subsection shall make such
books, documents, papers, and records avail-
able to the Secretary or the Comptroller Gen-
eral of the United States, or any of their duly
authorized representatives, for examination,
copying or mechanical reproduction on or off
the premises of such entity upon a reasonable
request therefore. The Secretary and the
Comptroller General of the United States, or
any of their duly authorized representatives,
shall have the authority to conduct such ex-
amination, copying, and reproduction.
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2 So in original. Probably should be ‘‘hospital’’.
(4) Waiver
The Secretary may, under appropriate cir-
cumstances, waive the application of all or
part of the requirements of this subsection
with respect to an entity. A waiver provided
by the Secretary under this paragraph may
not remain in effect for more than 1 year and
may not be extended after such period. An en-
tity may not receive more than one waiver
under this paragraph in consecutive years.
(r) Authorization of appropriations
(1) General amounts for grants
For the purpose of carrying out this section,
in addition to the amounts authorized to be
appropriated under subsection (d), there is au-
thorized to be appropriated the following:
(A) For fiscal year 2010, $2,988,821,592.
(B) For fiscal year 2011, $3,862,107,440.
(C) For fiscal year 2012, $4,990,553,440.
(D) For fiscal year 2013, $6,448,713,307.
(E) For fiscal year 2014, $7,332,924,155.
(F) For fiscal year 2015, $8,332,924,155.
(G) For fiscal year 2016, and each subse-
quent fiscal year, the amount appropriated
for the preceding fiscal year adjusted by the
product of—
(i) one plus the average percentage in-
crease in costs incurred per patient served;
and
(ii) one plus the average percentage in-
crease in the total number of patients
served.
(2) Special provisions
(A) Public centers
The Secretary may not expend in any fis-
cal year, for grants under this section to
public centers (as defined in the second sen-
tence of subsection (k)(3)) the governing
boards of which (as described in subsection
(k)(3)(H)) do not establish general policies
for such centers, an amount which exceeds 5
percent of the amounts appropriated under
this section for that fiscal year. For pur-
poses of applying the preceding sentence, the
term ‘‘public centers’’ shall not include
health centers that receive grants pursuant
to subsection (h) or (i).
(B) Distribution of grants
For fiscal year 2002 and each of the fol-
lowing fiscal years, the Secretary, in award-
ing grants under this section, shall ensure
that the proportion of the amount made
available under each of subsections (g), (h),
and (i), relative to the total amount appro-
priated to carry out this section for that fis-
cal year, is equal to the proportion of the
amount made available under that sub-
section for fiscal year 2001, relative to the
total amount appropriated to carry out this
section for fiscal year 2001.
(3) Funding report
The Secretary shall annually prepare and
submit to the Committee on Health, Edu-
cation, Labor, and Pensions of the Senate, and
the Committee on Energy and Commerce of
the House of Representatives, a report includ-
ing, at a minimum—
(A) the distribution of funds for carrying
out this section that are provided to meet
the health care needs of medically under-
served populations, including the homeless,
residents of public housing, and migratory
and seasonal agricultural workers, and the
appropriateness of the delivery systems in-
volved in responding to the needs of the par-
ticular populations;
(B) an assessment of the relative health
care access needs of the targeted popu-
lations;
(C) the distribution of awards and funding
for new or expanded services in each of rural
areas and urban areas;
(D) the distribution of awards and funding
for establishing new access points, and the
number of new access points created;
(E) the amount of unexpended funding for
loan guarantees and loan guarantee author-
ity under subchapter XIV;
(F) the rationale for any substantial
changes in the distribution of funds;
(G) the rate of closures for health centers
and access points;
(H) the number and reason for any grants
awarded pursuant to subsection (e)(1)(B);
and
(I) the number and reason for any waivers
provided pursuant to subsection (q)(4).
(4) Rule of construction with respect to rural
health clinics
(A) In general
Nothing in this section shall be construed
to prevent a community health center from
contracting with a Federally certified rural
health clinic (as defined in section 1861(aa)(2)
of the Social Security Act [42 U.S.C.
1395x(aa)(2)]), a low-volume hospital (as de-
fined for purposes of section 1886 of such Act
[42 U.S.C. 1395ww]), a critical access hos-
pital, a sole community hospital (as defined
for purposes of section 1886(d)(5)(D)(iii) of
such Act), or a medicare-dependent share
hospital (as defined for purposes of section
1886(d)(5)(G)(iv) of such Act) for the delivery
of primary health care services that are
available at the clinic or hospital to individ-
uals who would otherwise be eligible for free
or reduced cost care if that individual were
able to obtain that care at the community
health center. Such services may be limited
in scope to those primary health care serv-
ices available in that clinic or hospitals.2
(B) Assurances
In order for a clinic or hospital to receive
funds under this section through a contract
with a community health center under sub-
paragraph (A), such clinic or hospital shall
establish policies to ensure—
(i) nondiscrimination based on the abil-
ity of a patient to pay; and
(ii) the establishment of a sliding fee
scale for low-income patients.
(5) Funding for participation of health centers
in All of Us Research Program
In addition to any amounts made available
pursuant to paragraph (1) of this subsection,
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TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 254b
section 282a of this title, or section 254b–2 of
this title, there is authorized to be appro-
priated, and there is appropriated, out of any
monies in the Treasury not otherwise appro-
priated, to the Secretary $25,000,000 for fiscal
year 2018 to support the participation of
health centers in the All of Us Research Pro-
gram under the Precision Medicine Initiative
under section 289g–5 of this title.
(6)
Additional
amounts
for
supplemental
awards
In addition to any amounts made available
pursuant to this subsection, section 282a of
this title, or section 254b—2 of this title, there
is authorized to be appropriated, and there is
appropriated, out of any monies in the Treas-
ury not otherwise appropriated, $1,320,000,000
for fiscal year 2020 for supplemental awards
under subsection (d) for the detection of
SARS–CoV–2 or the prevention, diagnosis, and
treatment of COVID–19.
(July 1, 1944, ch. 373, title III, § 330, as added Pub.
L. 104–299, § 2, Oct. 11, 1996, 110 Stat. 3626; amend-
ed Pub. L. 107–251, title I, § 101, Oct. 26, 2002, 116
Stat. 1622; Pub. L. 108–163, § 2(a), Dec. 6, 2003, 117
Stat. 2020; Pub. L. 110–355, § 2(a), (c)(1), Oct. 8,
2008, 122 Stat. 3988, 3992; Pub. L. 111–148, title IV,
§ 4206, title V, § 5601, Mar. 23, 2010, 124 Stat. 576,
676; Pub. L. 115–123, div. E, title IX, § 50901(b),
Feb. 9, 2018, 132 Stat. 283; Pub. L. 116–136, div. A,
title III, § 3211(a), Mar. 27, 2020, 134 Stat. 368;
Pub. L. 116–260, div. BB, title III, § 311(c), Dec. 27,
2020, 134 Stat. 2925; Pub. L. 117–204, § 2(a), Oct. 17,
2022, 136 Stat. 2231.)
Editorial Notes
REFERENCES IN TEXT
The Social Security Act, referred to in subsec.
(k)(3)(E)(i), (F), is act Aug. 14, 1935, ch. 531, 49 Stat. 620.
Titles XVIII, XIX, and XXI of the Act are classified
generally to subchapters XVIII (§ 1395 et seq.), XIX
(§ 1396 et seq.), and XXI (§ 1397aa et seq.), respectively,
of chapter 7 of this title. For complete classification of
this Act to the Code, see section 1305 of this title and
Tables.
The Indian Self-Determination Act, referred to in
subsec. (k)(3)(H), is title I of Pub. L. 93–638, Jan. 4, 1975,
88 Stat. 2206, which is classified principally to sub-
chapter I (§ 5321 et seq.) of chapter 46 of Title 25, Indi-
ans. For complete classification of this Act to the Code,
see Short Title note set out under section 5301 of Title
25 and Tables.
The Indian Health Care Improvement Act, referred to
in subsec. (k)(3)(H), is Pub. L. 94–437, Sept. 30, 1976, 90
Stat. 1400, which is classified principally to chapter 18
(§ 1601 et seq.) of Title 25. For complete classification of
this Act to the Code, see Short Title note set out under
section 1601 of Title 25 and Tables.
PRIOR PROVISIONS
A prior section 254a–1, act July 1, 1944, ch. 373, title
III, § 328, as added Nov. 10, 1978, Pub. L. 95–626, title I,
§ 114, 92 Stat. 3563; amended Pub. L. 96–88, title V,
§ 509(b), Oct. 17, 1979, 93 Stat. 695, related to hospital-af-
filiated primary care centers, prior to repeal by Pub. L.
99–117, § 12(c), Oct. 7, 1985, 99 Stat. 495.
A prior section 254b, act July 1, 1944, ch. 373, title III,
§ 329, formerly § 310, as added Sept. 25, 1962, Pub. L.
87–692, 76 Stat. 592; amended Aug. 5, 1965, Pub. L. 89–109,
§ 3, 79 Stat. 436; Oct. 15, 1968, Pub. L. 90–574, title II,
§ 201, 82 Stat. 1006; Mar. 12, 1970, Pub. L. 91–209, 84 Stat.
52; June 18, 1973, Pub. L. 93–45, title I, § 105, 87 Stat. 91;
renumbered § 319, July 23, 1974, Pub. L. 93–353, title I,
§ 102(d), 88 Stat. 362; amended July 29, 1975, Pub. L.
94–63, title IV, § 401(a), title VII, § 701(c), 89 Stat. 334, 352;
Apr. 22, 1976, Pub. L. 94–278, title VIII, § 801(a), 90 Stat.
414; Aug. 1, 1977, Pub. L. 95–83, title III, § 303, 91 Stat.
388; renumbered § 329 and amended Nov. 10, 1978, Pub. L.
95–626, title I, §§ 102(a), 103(a)–(g)(1)(B), (2), (h), (i), 92
Stat. 3551–3555; July 10, 1979, Pub. L. 96–32, § 6(a), 93
Stat. 83; Oct. 17, 1979, Pub. L. 96–88, title V, § 509(b), 93
Stat. 695; Aug. 13, 1981, Pub. L. 97–35, title IX, § 930, 95
Stat. 569; Dec. 21, 1982, Pub. L. 97–375, title I, § 107(b), 96
Stat. 1820; Apr. 24, 1986, Pub. L. 99–280, §§ 6, 7, 100 Stat.
400, 401; Aug. 10, 1988, Pub. L. 100–386, § 2, 102 Stat. 919;
Nov. 6, 1990, Pub. L. 101–527, § 9(b), 104 Stat. 2333; Oct. 27,
1992, Pub. L. 102–531, title III, § 309(a), 106 Stat. 3499, re-
lated to migrant health centers, prior to the general
amendment of this subpart by Pub. L. 104–299, § 2.
Another prior section 254b, act July 1, 1944, ch. 373,
title III, § 329, as added Dec. 31, 1970, Pub. L. 91–623, § 2,
84 Stat. 1868; amended Nov. 18, 1971, Pub. L. 92–157, title
II, § 203, 85 Stat. 462; Oct. 27, 1972, Pub. L. 92–585, § 2, 86
Stat. 1290; July 29, 1975, Pub. L. 94–63, title VIII,
§§ 801–803, 89 Stat. 353, 354; Oct. 12, 1976, Pub. L. 94–484,
title I, § 101(b), 90 Stat. 2244, related to establishment of
National Health Service Corps, assignment of personnel
and statement of purpose, prior to repeal by Pub. L.
94–484, title IV, § 407(b)(1), Oct. 12, 1976, 90 Stat. 2268. See
section 254d et seq. of this title.
A prior section 330 of act July 1, 1944, was classified
to section 254c of this title prior to the general amend-
ment of this subpart by Pub. L. 104–299.
AMENDMENTS
2022—Subsec. (e)(6)(A)(v). Pub. L. 117–204 added cl. (v).
2020—Subsec. (d)(1)(H). Pub. L. 116–260 added subpar.
(H).
Subsec. (r)(6). Pub. L. 116–136 added par. (6).
2018—Subsec. (b)(1)(A)(ii), (2)(A). Pub. L. 115–123,
§ 50901(b)(1), (2), substituted ‘‘use disorder’’ for ‘‘abuse’’.
Subsec. (c)(1). Pub. L. 115–123, § 50901(b)(3), substituted
‘‘Centers’’ for ‘‘In general’’ in heading, struck out sub-
par. (A) designation and heading, redesignated cls. (i)
to (v) of former subpar. (A) as subpars. (A) to (E), re-
spectively, realigned margins, and struck out former
subpars. (B) to (D) which related to managed care net-
works and plans, practice management networks, and
use of funds, respectively.
Subsec. (d). Pub. L. 115–123, § 50901(b)(4), added subsec.
(d) and struck out former subsec. (d) which related to
loan guarantee program.
Subsec. (e)(1)(B). Pub. L. 115–123, § 50901(b)(5)(A), sub-
stituted ‘‘1 year’’ for ‘‘2 years’’ and inserted at end
‘‘The Secretary shall not make a grant under this para-
graph unless the applicant provides assurances to the
Secretary that within 120 days of receiving grant fund-
ing for the operation of the health center, the applicant
will submit, for approval by the Secretary, an imple-
mentation plan to meet the requirements of subsection
(k)(3). The Secretary may extend such 120-day period
for achieving compliance upon a demonstration of good
cause by the health center.’’
Subsec. (e)(1)(C). Pub. L. 115–123, § 50901(b)(5)(B), in
heading, struck out ‘‘and plans’’ after ‘‘networks’’, and
in text, struck out ‘‘or plan (as described in subpara-
graphs (B) and (C) of subsection (c)(1))’’ after ‘‘to a net-
work’’, substituted ‘‘including—’’ for ‘‘or plan, includ-
ing’’, inserted cl. (i) designation before ‘‘the purchase’’
and ‘‘, which may include data and information sys-
tems’’ after ‘‘of equipment’’, and added cls. (ii) and (iii).
Subsec. (e)(5)(B). Pub. L. 115–123, § 50901(b)(6), in head-
ing, struck out ‘‘and plans’’ after ‘‘Networks’’ and in
text, substituted ‘‘to a health center or to a network’’
for ‘‘and subparagraphs (B) and (C) of subsection (c)(1)
to a health center or to a network or plan’’.
Subsec. (e)(6). Pub. L. 115–123, § 50901(b)(7), added par.
(6).
Subsec. (h)(1). Pub. L. 115–123, § 50901(b)(8)(A), sub-
stituted ‘‘, children and youth at risk of homelessness,
homeless veterans, and veterans at risk of homeless-
ness’’ for ‘‘and children and youth at risk of homeless-
ness’’.
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TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 254b
Subsec.
(h)(5)(B).
Pub.
L.
115–123,
§ 50901(b)(8)(B)(iii)(II), which directed substitution of
‘‘use disorder’’ for ‘‘abuse’’, was executed by making
the substitution the first place it appeared, to reflect
the probable intent of Congress.
Pub. L. 115–123, § 50901(b)(8)(B)(iii)(I), substituted ‘‘use
disorder’’ for ‘‘abuse’’ in heading.
Pub. L. 115–123, § 50901(b)(8)(B)(i), (ii), redesignated
subpar. (C) as (B) and struck out former subpar. (B).
Prior to amendment, text of subpar. (B) read as follows:
‘‘The term ‘substance abuse’ has the same meaning
given such term in section 290cc–34(4) of this title.’’
Subsec. (h)(5)(C). Pub. L. 115–123, § 50901(b)(8)(B)(ii),
redesignated subpar. (C) as (B).
Subsec. (k)(2). Pub. L. 115–123, § 50901(b)(9)(A)(i), (ii),
in heading, inserted ‘‘unmet’’ before ‘‘need’’, and in in-
troductory provisions, inserted ‘‘or subsection (e)(6)’’
after ‘‘subsection (e)(1)’’.
Subsec. (k)(2)(A). Pub. L. 115–123, § 50901(b)(9)(A)(iii),
inserted ‘‘unmet’’ before ‘‘need for health services’’.
Subsec.
(k)(2)(D).
Pub.
L.
115–123,
§ 50901(b)(9)(A)(iv)–(vi), added subpar. (D).
Subsec. (k)(3). Pub. L. 115–123, § 50901(b)(9)(B)(i), in-
serted
‘‘or
subsection
(e)(6)’’
after
‘‘subsection
(e)(1)(B)’’ in introductory provisions.
Subsec. (k)(3)(B). Pub. L. 115–123, § 50901(b)(9)(B)(ii),
substituted ‘‘, including other health care providers
that provide care within the catchment area, local hos-
pitals, and specialty providers in the catchment area of
the center, to provide access to services not available
through the health center and to reduce the non-urgent
use of hospital emergency departments’’ for ‘‘in the
catchment area of the center’’.
Subsec.
(k)(3)(H)(ii).
Pub.
L.
115–123,
§ 50901(b)(9)(B)(iii), inserted ‘‘who shall be directly em-
ployed by the center’’ after ‘‘approves the selection of
a director for the center’’.
Subsec.
(k)(3)(N).
Pub.
L.
115–123,
§ 50901(b)(9)(B)(iv)–(vi), added subpar. (N).
Subsec. (k)(4). Pub. L. 115–123, § 50901(b)(9)(C), struck
out par. (4) which related to approval of new or ex-
panded service applications.
Subsec. (l). Pub. L. 115–123, § 50901(b)(10), inserted at
end ‘‘Funds expended to carry out activities under this
subsection and operational support activities under
subsection (m) shall not exceed 3 percent of the amount
appropriated for this section for the fiscal year in-
volved.’’
Subsec. (q)(4). Pub. L. 115–123, § 50901(b)(11), inserted
at end ‘‘A waiver provided by the Secretary under this
paragraph may not remain in effect for more than 1
year and may not be extended after such period. An en-
tity may not receive more than one waiver under this
paragraph in consecutive years.’’
Subsec. (r)(3). Pub. L. 115–123, § 50901(b)(12), sub-
stituted ‘‘Committee on Health, Education, Labor, and
Pensions of the Senate, and the Committee on Energy
and Commerce of the House of Representatives, a re-
port including, at a minimum—’’ for ‘‘appropriate com-
mittees of Congress a report concerning the distribu-
tion of funds under this section’’, inserted ‘‘(A) the dis-
tribution of funds for carrying out this section’’ before
‘‘that are provided’’, substituted ‘‘particular popu-
lations;’’ for ‘‘particular populations. Such report shall
include’’, inserted subsec. (B) designation before ‘‘an
assessment’’, substituted ‘‘targeted populations;’’ for
‘‘targeted populations and the rationale for any sub-
stantial changes in the distribution of funds.’’, and
added subpars. (C) to (I).
Subsec. (r)(5). Pub. L. 115–123, § 50901(b)(13), added par.
(5).
Subsec. (s). Pub. L. 115–123, § 50901(b)(14), struck out
subsec. (s) which related to demonstration program for
individualized wellness plans.
2010—Subsec. (r)(1). Pub. L. 111–148, § 5601(a), added
par. (1) and struck out former par. (1). Prior to amend-
ment, text read as follows: ‘‘For the purpose of car-
rying out this section, in addition to the amounts au-
thorized to be appropriated under subsection (d), there
are authorized to be appropriated—
‘‘(A) $2,065,000,000 for fiscal year 2008;
‘‘(B) $2,313,000,000 for fiscal year 2009;
‘‘(C) $2,602,000,000 for fiscal year 2010;
‘‘(D) $2,940,000,000 for fiscal year 2011; and
‘‘(E) $3,337,000,000 for fiscal year 2012.’’
Subsec. (r)(4). Pub. L. 111–148, § 5601(b), added par. (4).
Subsec. (s). Pub. L. 111–148, § 4206, added subsec. (s).
2008—Subsec. (c)(3). Pub. L. 110–355, § 2(c)(1), added
par. (3).
Subsec. (r)(1). Pub. L. 110–355, § 2(a), amended par. (1)
generally. Prior to amendment, text read as follows:
‘‘For the purpose of carrying out this section, in addi-
tion to the amounts authorized to be appropriated
under subsection (d) of this section, there are author-
ized to be appropriated $1,340,000,000 for fiscal year 2002
and such sums as may be necessary for each of the fis-
cal years 2003 through 2006.’’
2003—Subsec. (c)(1)(B). Pub. L. 108–163, § 2(a)(2)(A),
substituted ‘‘plan.’’ for ‘‘plan..’’ in introductory provi-
sions.
Subsec. (d)(1)(B)(iii)(I). Pub. L. 108–163, § 2(a)(2)(B), in-
serted ‘‘or’’ at end.
Subsec. (e)(3) to (5). Pub. L. 108–163, § 2(a)(1)(A),
amended pars. (3) to (5) to read as if subpar. (C) of the
second par. (4) of section 101 of Pub. L. 107–251 had not
been enacted. See 2002 Amendment notes below.
Subsec. (j). Pub. L. 108–163, § 2(a)(2)(E), added subsec.
(j) identical to the subsec. (j) appearing in the amend-
ment by section 101(8)(C) of Pub. L. 107–251. See 2002
Amendment notes below. Former subsec. (j) redesig-
nated (k).
Pub. L. 108–163, § 2(a)(1)(C), amended subsec. (j) to
read as if pars. (8) through (11) of section 101 of Pub. L.
107–251 had not been enacted. See 2002 Amendment
notes below.
Subsec. (j)(3)(H). Pub. L. 108–163, § 2(a)(1)(B), amended
subpar. (H) to read as if subpar. (C) of par. (7) of section
101 of Pub. L. 107–251 had not been enacted. See 2002
Amendment note below.
Subsec. (k). Pub. L. 108–163, § 2(a)(2)(C), (D), redesig-
nated subsec. (j) as (k) and struck out heading and text
of former subsec. (k). Text read as follows: ‘‘The Sec-
retary may provide (either through the Department of
Health and Human Services or by grant or contract) all
necessary technical and other nonfinancial assistance
(including fiscal and program management assistance
and training in such management) to any public or pri-
vate nonprofit entity to assist entities in developing
plans for, or operating as, health centers, and in meet-
ing the requirements of subsection (j)(2) of this sec-
tion.’’
Pub. L. 108–163, § 2(a)(1)(C), amended subsec. (k) to
read as if pars. (8) through (11) of section 101 of Pub. L.
107–251 had not been enacted. See 2002 Amendment
notes below.
Subsec. (l). Pub. L. 108–163, § 2(a)(2)(H), inserted ‘‘(ei-
ther through the Department of Health and Human
Services or by grant or contract)’’ after ‘‘shall provide’’
and substituted ‘‘(k)(3)’’ for ‘‘(l)(3)’’.
Pub. L. 108–163, § 2(a)(2)(G), added subsec. (l) identical
to the subsec. (m) appearing in the amendment by sec-
tion 101(9) of Pub. L. 107–251. See 2002 Amendment notes
below. Former subsec. (l) redesignated (r).
Pub. L. 108–163, § 2(a)(1)(C), amended subsec. (l) to read
as if pars. (8) through (11) of section 101 of Pub. L.
107–251 had not been enacted. See 2002 Amendment note
below.
Subsecs. (m) to (o). Pub. L. 108–163, § 2(a)(1)(C), amend-
ed subsecs. (m) to (o) to read as if pars. (8) through (11)
of section 101 of Pub. L. 107–251 had not been enacted.
See 2002 Amendment notes below.
Subsec. (p). Pub. L. 108–163, § 2(a)(2)(I), substituted
‘‘(k)(3)(G)’’ for ‘‘(j)(3)(G)’’.
Pub. L. 108–163, § 2(a)(1)(C), amended subsec. (p) to
read as if pars. (8) through (11) of section 101 of Pub. L.
107–251 had not been enacted. See 2002 Amendment note
below.
Subsec. (q). Pub. L. 108–163, § 2(a)(1)(C), amended sub-
sec. (q) to read as if pars. (8) through (11) of section 101
of Pub. L. 107–251 had not been enacted. See 2002
Amendment note below.
Page 352
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 254b
Subsec. (r). Pub. L. 108–163, § 2(a)(2)(F), redesignated
subsec. (l) as (r).
Pub. L. 108–163, § 2(a)(1)(C), amended subsec. (r) to
read as if pars. (8) through (11) of section 101 of Pub. L.
107–251 had not been enacted. See 2002 Amendment note
below.
Subsec. (r)(1). Pub. L. 108–163, § 2(a)(2)(J)(i), sub-
stituted ‘‘$1,340,000,000 for fiscal year 2002 and such
sums as may be necessary for each of the fiscal years
2003 through 2006’’ for ‘‘$802,124,000 for fiscal year 1997,
and such sums as may be necessary for each of the fis-
cal years 1998 through 2001’’.
Subsec. (r)(2)(A). Pub. L. 108–163, § 2(a)(2)(J)(ii), sub-
stituted ‘‘(k)(3)’’ for ‘‘(j)(3)’’ and ‘‘(k)(3)(H)’’ for
‘‘(j)(3)(G)(ii)’’.
Subsec. (r)(2)(B). Pub. L. 108–163, § 2(a)(2)(J)(iii), added
subpar. (B) identical to the subpar. (B) appearing in the
amendment by section 101(11)(B)(ii) of Pub. L. 107–251
and struck out heading and text of former subpar. (B)
relating to distribution of grants for fiscal years 1997
through 1999. See 2002 Amendment note below.
Subsec. (s). Pub. L. 108–163, § 2(a)(1)(C), amended sub-
sec. (s) to read as if pars. (8) through (11) of section 101
of Pub. L. 107–251 had not been enacted. See 2002
Amendment notes below.
2002—Subsec. (b)(1)(A)(i)(III)(bb). Pub. L. 107–251,
§ 101(1)(A), substituted ‘‘appropriate cancer screening’’
for ‘‘screening for breast and cervical cancer’’.
Subsec. (b)(1)(A)(ii). Pub. L. 107–251, § 101(1)(B), in-
serted ‘‘(including specialty referral when medically in-
dicated)’’ after ‘‘medical services’’.
Subsec. (b)(1)(A)(iii). Pub. L. 107–251, § 101(1)(C), in-
serted ‘‘housing,’’ after ‘‘social,’’.
Subsec. (b)(2)(A). Pub. L. 107–251, § 101(2)(C), added
subpar. (A). Former subpar. (A) redesignated (C).
Subsec. (b)(2)(A)(i). Pub. L. 107–251, § 101(2)(A), sub-
stituted ‘‘associated with—’’ and subcls. (I) to (IV) for
‘‘associated with water supply;’’.
Subsec. (b)(2)(B) to (D). Pub. L. 107–251, § 101(2)(B), (C),
added subpar. (B) and redesignated former subpars. (A)
and (B) as (C) and (D), respectively.
Subsec. (c)(1)(B). Pub. L. 107–251, § 101(3)(A)(iii),
struck out concluding provisions which read as follows:
‘‘Any such grant may include the acquisition and lease
of buildings and equipment which may include data and
information systems (including the costs of amortizing
the principal of, and paying the interest on, loans), and
providing training and technical assistance related to
the provision of health services on a prepaid basis or
under another managed care arrangement, and for
other purposes that promote the development of man-
aged care networks and plans.’’
Pub. L. 107–251, § 101(3)(A)(ii), in introductory provi-
sions, substituted ‘‘managed care network or plan.’’ for
‘‘network or plan for the provision of health services,
which may include the provision of health services on
a prepaid basis or through another managed care ar-
rangement, to some or to all of the individuals which
the centers serve’’.
Pub. L. 107–251, § 101(3)(A)(i), substituted ‘‘Managed
care’’ for ‘‘Comprehensive service delivery’’ in heading.
Subsec. (c)(1)(C), (D). Pub. L. 107–251, § 101(3)(B), added
subpars. (C) and (D).
Subsec. (d). Pub. L. 107–251, § 101(4)(A), substituted
‘‘Loan guarantee program’’ for ‘‘Managed care loan
guarantee program’’ in heading.
Subsec. (d)(1)(A). Pub. L. 107–251, § 101(4)(B)(i), sub-
stituted ‘‘up to 90 percent of the principal and interest
on loans made by non-Federal lenders to health cen-
ters, funded under this section, for the costs of devel-
oping and operating managed care networks or plans
described in subsection (c)(1)(B), or practice manage-
ment networks described in subsection (c)(1)(C)’’ for
‘‘the principal and interest on loans made by non-Fed-
eral lenders to health centers funded under this section
for the costs of developing and operating managed care
networks or plans’’.
Subsec. (d)(1)(B)(iii). Pub. L. 107–251, § 101(4)(B)(ii),
added cl. (iii).
Subsec. (d)(1)(D), (E). Pub. L. 107–251, § 101(4)(B)(iii),
added subpars. (D) and (E).
Subsec. (d)(6) to (8). Pub. L. 107–251, § 101(4)(C), redes-
ignated par. (8) as (6) and struck out headings and text
of former pars. (6) and (7) which related to annual re-
ports and program evaluation, respectively.
Subsec. (e)(1)(B). Pub. L. 107–251, § 101(4)(A)(i), sub-
stituted ‘‘subsection (k)(3)’’ for ‘‘subsection (j)(3)’’.
Subsec. (e)(1)(C). Pub. L. 107–251, § 101(4)(A)(ii), added
subpar. (C).
Subsec. (e)(3). Pub. L. 107–251, § 101(4)(C), redesignated
par. (4), relating to limitation, as (3).
Subsec. (e)(4). Pub. L. 107–251, § 101(4)(C), redesignated
par. (5) as (4). Former par. (4) redesignated (3).
Subsec. (e)(5). Pub. L. 107–251, § 101(4)(B), (C), redesig-
nated par. (5) as (4), inserted ‘‘subparagraphs (A) and
(B) of’’ after ‘‘any fiscal year under’’ in subpar. (A),
added subpar. (B), and redesignated former subpars. (B)
and (C) as (C) and (D), respectively.
Subsec. (g)(2)(A). Pub. L. 107–251, § 101(5)(A)(i), in-
serted ‘‘and seasonal agricultural worker’’ after ‘‘mi-
gratory agricultural worker’’.
Subsec. (g)(2)(B). Pub. L. 107–251, § 101(5)(A)(ii), sub-
stituted ‘‘and seasonal agricultural workers, and mem-
bers of their families,’’ for ‘‘and members of their fami-
lies’’.
Subsec. (g)(3)(A). Pub. L. 107–251, § 101(5)(B), struck
out ‘‘on a seasonal basis’’ after ‘‘in agriculture’’.
Subsec. (h)(1). Pub. L. 107–251, § 101(6)(A), substituted
‘‘homeless children and youth and children and youth
at risk of homelessness’’ for ‘‘homeless children and
children at risk of homelessness’’.
Subsec. (h)(4). Pub. L. 107–251, § 101(6)(B)(ii), added
par. (4). Former par. (4) redesignated (5).
Subsec. (h)(5). Pub. L. 107–251, § 101(6)(B)(i), (C), redes-
ignated par. (4) as (5) and substituted ‘‘, risk reduction,
outpatient treatment, residential treatment, and reha-
bilitation’’ for ‘‘and residential treatment’’ in subpar.
(C).
Subsec. (j). Pub. L. 107–251, § 101(8)(C), added subsec.
(j) relating to access grants.
Pub. L. 107–251, § 101(8)(B), which directed the redesig-
nation of subsecs. (j), (k), and (m) through (q) as sub-
secs. (n), (o), and (p) through (s), respectively, could not
be executed.
Subsec. (j)(3)(E)(i). Pub. L. 107–251, § 101(7)(A)(i), des-
ignated existing provisions as subcl. (I) and added
subcl. (II).
Subsec. (j)(3)(E)(ii). Pub. L. 107–251, § 101(7)(A)(ii), sub-
stituted ‘‘arrangements described in subclauses (I) and
(II) of clause (i)’’ for ‘‘such an arrangement’’.
Subsec. (j)(3)(G)(iii), (iv). Pub. L. 107–251, § 101(7)(B),
added cl. (iii) and redesignated former cl. (iii) as (iv).
Subsec. (j)(3)(H). Pub. L. 107–251, § 101(7)(C), sub-
stituted ‘‘or (q)’’ for ‘‘or (p)’’ in concluding provisions.
Subsec. (j)(3)(M). Pub. L. 107–251, § 101(7)(D)–(F), added
subpar. (M).
Subsec. (k). Pub. L. 107–251, § 101(8)(B), which directed
the redesignation of subsecs. (j), (k), and (m) through
(q) as subsecs. (n), (o), and (p) through (s), respectively,
could not be executed.
Subsec. (l). Pub. L. 107–251, § 101(8)(A), redesignated
subsec. (l) as (s).
Subsec. (m). Pub. L. 107–251, § 101(9), which directed
striking subsec. (m) (as redesignated by paragraph
(9)(B)) and adding a new subsec. (m), could not be exe-
cuted. The new subsec. (m) to be added read as follows:
‘‘(m) TECHNICAL ASSISTANCE.—The Secretary shall es-
tablish a program through which the Secretary shall
provide technical and other assistance to eligible enti-
ties to assist such entities to meet the requirements of
subsection (l)(3). Services provided through the pro-
gram may include necessary technical and nonfinancial
assistance, including fiscal and program management
assistance, training in fiscal and program management,
operational and administrative support, and the provi-
sion of information to the entities of the variety of re-
sources available under this subchapter and how those
resources can be best used to meet the health needs of
the communities served by the entities.’’
Pub. L. 107–251, § 101(8)(B), which directed the redesig-
nation of subsecs. (j), (k), and (m) through (q) as sub-
Page 353
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 254b
secs. (n), (o), and (p) through (s), respectively, could not
be executed.
Subsecs. (n) to (p). Pub. L. 107–251, § 101(8)(B), which
directed the redesignation of subsecs. (j), (k), and (m)
through (q) as subsecs. (n), (o), and (p) through (s), re-
spectively, could not be executed.
Subsec. (q). Pub. L. 107–251, § 101(10), which directed
the substitution of ‘‘(l)(3)(G)’’ for ‘‘(j)(3)(G)’’ in subsec.
(q) ‘‘(as redesignated by paragraph (9)(B))’’, could not
be executed.
Pub. L. 107–251, § 101(8)(B), which directed the redesig-
nation of subsecs. (j), (k), and (m) through (q) as sub-
secs. (n), (o), and (p) through (s), respectively, could not
be executed.
Subsec. (r). Pub. L. 107–251, § 101(8)(B), which directed
the redesignation of subsecs. (j), (k), and (m) through
(q) as subsecs. (n), (o), and (p) through (s), respectively,
could not be executed.
Subsec. (s). Pub. L. 107–251, § 101(8)(B), which directed
the redesignation of subsecs. (j), (k), and (m) through
(q) as subsecs. (n), (o), and (p) through (s), respectively,
could not be executed.
Subsec. (s)(1). Pub. L. 107–251, § 101(11)(A), substituted
‘‘$1,340,000,000 for fiscal year 2002 and such sums as may
be necessary for each of the fiscal years 2003 through
2006’’ for ‘‘$802,124,000 for fiscal year 1997, and such sums
as may be necessary for each of the fiscal years 1998
through 2001’’.
Subsec. (s)(2)(A). Pub. L. 107–251, § 101(11)(B)(i), sub-
stituted
‘‘(l)(3)’’
for
‘‘(j)(3)’’
and
‘‘(l)(3)(H)’’
for
‘‘(j)(3)(G)(ii)’’.
Subsec. (s)(2)(B). Pub. L. 107–251, § 101(11)(B)(ii), added
subpar. (B) and struck out heading and text of former
subpar. (B) relating to distribution of grants for fiscal
years 1997 through 1999.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2022 AMENDMENT
Pub. L. 117–204, § 2(b), Oct. 17, 2022, 136 Stat. 2231, pro-
vided that: ‘‘The amendment made by subsection (a)
[amending this section] shall take effect on January 1,
2024.’’
EFFECTIVE DATE OF 2008 AMENDMENT
Pub. L. 110–355, § 2(c)(2), Oct. 8, 2008, 122 Stat. 3992,
provided that: ‘‘The amendment made by paragraph (1)
[amending this section] shall apply to grants made on
or after January 1, 2009.’’
EFFECTIVE DATE OF 2003 AMENDMENT
Amendments by Pub. L. 108–163 deemed to have taken
effect immediately after the enactment of Pub. L.
107–251, see section 3 of Pub. L. 108–163, set out as a note
under section 233 of this title.
EFFECTIVE DATE
Section effective Oct. 1, 1996, see section 5 of Pub. L.
104–299, as amended, set out as an Effective Date of 1996
Amendment note under section 233 of this title.
SAVINGS PROVISION FOR CURRENT GRANTS, CONTRACTS,
AND COOPERATIVE AGREEMENTS
Pub. L. 104–299, § 3(b), Oct. 11, 1996, 110 Stat. 3644, pro-
vided that: ‘‘The Secretary of Health and Human Serv-
ices shall ensure the continued funding of grants made,
or contracts or cooperative agreements entered into,
under subpart I of part D of title III of the Public
Health Service Act (42 U.S.C. 254b et seq.) (as such sub-
part existed on the day prior to the date of enactment
of this Act [Oct. 11, 1996]), until the expiration of the
grant period or the term of the contract or cooperative
agreement. Such funding shall be continued under the
same terms and conditions as were in effect on the date
on which the grant, contract or cooperative agreement
was awarded, subject to the availability of appropria-
tions.’’
NEGOTIATED RULEMAKING FOR DEVELOPMENT OF METH-
ODOLOGY AND CRITERIA FOR DESIGNATING MEDICALLY
UNDERSERVED
POPULATIONS
AND
HEALTH
PROFES-
SIONS SHORTAGE AREAS
Pub. L. 111–148, title V, § 5602, Mar. 23, 2010, 124 Stat.
677, provided that:
‘‘(a) ESTABLISHMENT.—
‘‘(1) IN
GENERAL.—The Secretary of Health and
Human Services (in this section referred to as the
‘Secretary’) shall establish, through a negotiated
rulemaking process under subchapter 3 [III] of chap-
ter 5 of title 5, United States Code, a comprehensive
methodology and criteria for designation of—
‘‘(A) medically underserved populations in ac-
cordance with section 330(b)(3) of the Public Health
Service Act (42 U.S.C. 254b(b)(3));
‘‘(B) health professions shortage areas under sec-
tion 332 of the Public Health Service Act (42 U.S.C.
254e).
‘‘(2) FACTORS
TO
CONSIDER.—In establishing the
methodology and criteria under paragraph (1), the
Secretary—
‘‘(A) shall consult with relevant stakeholders who
will be significantly affected by a rule (such as na-
tional, State and regional organizations rep-
resenting affected entities), State health offices,
community organizations, health centers and other
affected entities, and other interested parties; and
‘‘(B) shall take into account—
‘‘(i) the timely availability and appropriateness
of data used to determine a designation to poten-
tial applicants for such designations;
‘‘(ii) the impact of the methodology and criteria
on communities of various types and on health
centers and other safety net providers;
‘‘(iii) the degree of ease or difficulty that will
face potential applicants for such designations in
securing the necessary data; and
‘‘(iv) the extent to which the methodology accu-
rately measures various barriers that confront in-
dividuals and population groups in seeking health
care services.
‘‘(b) PUBLICATION
OF NOTICE.—In carrying out the
rulemaking process under this subsection, the Sec-
retary shall publish the notice provided for under sec-
tion 564(a) of title 5, United States Code, by not later
than 45 days after the date of the enactment of this Act
[Mar. 23, 2010].
‘‘(c) TARGET DATE FOR PUBLICATION OF RULE.—As part
of the notice under subsection (b), and for purposes of
this subsection, the ‘target date for publication’, as re-
ferred to in section 564(a)(5) of title 5, United Sates [sic]
Code, shall be July 1, 2010.
‘‘(d) APPOINTMENT OF NEGOTIATED RULEMAKING COM-
MITTEE AND FACILITATOR.—The Secretary shall provide
for—
‘‘(1) the appointment of a negotiated rulemaking
committee under section 565(a) of title 5, United
States Code, by not later than 30 days after the end
of the comment period provided for under section
564(c) of such title; and
‘‘(2) the nomination of a facilitator under section
566(c) of such title 5 by not later than 10 days after
the date of appointment of the committee.
‘‘(e) PRELIMINARY
COMMITTEE
REPORT.—The nego-
tiated rulemaking committee appointed under sub-
section (d) shall report to the Secretary, by not later
than April 1, 2010, regarding the committee’s progress
on achieving a consensus with regard to the rule-
making proceeding and whether such consensus is like-
ly to occur before one month before the target date for
publication of the rule. If the committee reports that
the committee has failed to make significant progress
toward such consensus or is unlikely to reach such con-
sensus by the target date, the Secretary may terminate
such process and provide for the publication of a rule
under this section through such other methods as the
Secretary may provide.
Page 354
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 254b
‘‘(f) FINAL COMMITTEE REPORT.—If the committee is
not terminated under subsection (e), the rulemaking
committee shall submit a report containing a proposed
rule by not later than one month before the target pub-
lication date.
‘‘(g) INTERIM
FINAL
EFFECT.—The Secretary shall
publish a rule under this section in the Federal Reg-
ister by not later than the target publication date.
Such rule shall be effective and final immediately on
an interim basis, but is subject to change and revision
after public notice and opportunity for a period (of not
less than 90 days) for public comment. In connection
with such rule, the Secretary shall specify the process
for the timely review and approval of applications for
such designations pursuant to such rules and consistent
with this section.
‘‘(h) PUBLICATION OF RULE AFTER PUBLIC COMMENT.—
The Secretary shall provide for consideration of such
comments and republication of such rule by not later
than 1 year after the target publication date.’’
FUNDING FOR COMMUNITY HEALTH CENTERS AND
COMMUNITY CARE
Pub. L. 117–2, title II, § 2601, Mar. 11, 2021, 135 Stat. 43,
provided that:
‘‘(a) IN GENERAL.—In addition to amounts otherwise
available, there is appropriated to the Secretary of
Health and Human Services (in this subtitle [subtitle G
(§§ 2601–2605) of title II of Pub. L 117–2, see Tables for
classification] referred to as the ‘Secretary’) for fiscal
year 2021, out of any money in the Treasury not other-
wise appropriated, $7,600,000,000, to remain available
until expended, for necessary expenses for awarding
grants and cooperative agreements under section 330 of
the Public Health Service Act (42 U.S.C. 254b) to be
awarded without regard to the time limitation in sub-
section (e)(3) and subsections (e)(6)(A)(iii), (e)(6)(B)(iii),
and (r)(2)(B) of such section 330, and for necessary ex-
penses for awarding grants to Federally qualified
health centers, as described in section 1861(aa)(4)(B) of
the Social Security Act (42 U.S.C. 1395x(aa)(4)(B)), and
for awarding grants or contracts to Papa Ola Lokahi
and to qualified entities under sections 4 and 6 of the
Native Hawaiian Health Care Improvement Act (42
U.S.C. 11703, 11705). Of the total amount appropriated
by the preceding sentence, not less than $20,000,000 shall
be for grants or contracts to Papa Ola Lokahi and to
qualified entities under sections 4 and 6 of the Native
Hawaiian Health Care Improvement Act (42 U.S.C.
11703, 11705).
‘‘(b) USE OF FUNDS.—Amounts made available to an
awardee pursuant to subsection (a) shall be used—
‘‘(1) to plan, prepare for, promote, distribute, ad-
minister, and track COVID–19 vaccines, and to carry
out other vaccine-related activities;
‘‘(2) to detect, diagnose, trace, and monitor
COVID–19 infections and related activities necessary
to mitigate the spread of COVID–19, including activi-
ties related to, and equipment or supplies purchased
for, testing, contact tracing, surveillance, mitiga-
tion, and treatment of COVID–19;
‘‘(3) to purchase equipment and supplies to conduct
mobile testing or vaccinations for COVID–19, to pur-
chase and maintain mobile vehicles and equipment to
conduct such testing or vaccinations, and to hire and
train laboratory personnel and other staff to conduct
such mobile testing or vaccinations, particularly in
medically underserved areas;
‘‘(4) to establish, expand, and sustain the health
care workforce to prevent, prepare for, and respond to
COVID–19, and to carry out other health workforce-
related activities;
‘‘(5) to modify, enhance, and expand health care
services and infrastructure; and
‘‘(6) to conduct community outreach and education
activities related to COVID–19.
‘‘(c) PAST
EXPENDITURES.—An awardee may use
amounts awarded pursuant to subsection (a) to cover
the costs of the awardee carrying out any of the activi-
ties described in subsection (b) during the period begin-
ning on the date of the declaration of a public health
emergency by the Secretary under section 319 of the
Public Health Service Act (42 U.S.C. 247d) on January
31, 2020, with respect to COVID–19 and ending on the
date of such award.’’
STUDIES RELATING TO COMMUNITY HEALTH CENTERS
Pub. L. 110–355, § 2(b)(1)–(3), Oct. 8, 2008, 122 Stat. 3988,
3989, provided that:
‘‘(1) DEFINITIONS.—For purposes of this subsection—
‘‘(A) the term ‘community health center’ means a
health center receiving assistance under section 330
of the Public Health Service Act (42 U.S.C. 254b); and
‘‘(B) the term ‘medically underserved population’
has the meaning given that term in such section 330.
‘‘(2) SCHOOL-BASED HEALTH CENTER STUDY.—
‘‘(A) IN GENERAL.—Not later than 2 years after the
date of enactment of this Act [Oct. 8, 2008], the Comp-
troller General of the United States shall issue a
study of the economic costs and benefits of school-
based health centers and the impact on the health of
students of these centers.
‘‘(B) CONTENT.—In conducting the study under sub-
paragraph (A), the Comptroller General of the United
States shall analyze—
‘‘(i) the impact that Federal funding could have
on the operation of school-based health centers;
‘‘(ii) any cost savings to other Federal programs
derived from providing health services in school-
based health centers;
‘‘(iii) the effect on the Federal Budget and the
health of students of providing Federal funds to
school-based health centers and clinics, including
the result of providing disease prevention and nu-
trition information;
‘‘(iv) the impact of access to health care from
school-based health centers in rural or underserved
areas; and
‘‘(v) other sources of Federal funding for school-
based health centers.
‘‘(3) HEALTH CARE QUALITY STUDY.—
‘‘(A) IN GENERAL.—Not later than 1 year after the
date of enactment of this Act [Oct. 8, 2008], the Sec-
retary of Health and Human Services (referred to in
this Act [see Short Title of 2008 Amendment note set
out under section 201 of this title] as the ‘Secretary’),
acting through the Administrator of the Health Re-
sources and Services Administration, and in collabo-
ration with the Agency for Healthcare Research and
Quality, shall prepare and submit to the Committee
on Health, Education, Labor, and Pensions of the
Senate and the Committee on Energy and Commerce
of the House of Representatives a report that de-
scribes agency efforts to expand and accelerate qual-
ity improvement activities in community health cen-
ters.
‘‘(B) CONTENT.—The report under subparagraph (A)
shall focus on—
‘‘(i) Federal efforts, as of the date of enactment of
this Act, regarding health care quality in commu-
nity health centers, including quality data collec-
tion, analysis, and reporting requirements;
‘‘(ii) identification of effective models for quality
improvement in community health centers, which
may include models that—
‘‘(I) incorporate care coordination, disease man-
agement, and other services demonstrated to im-
prove care;
‘‘(II) are designed to address multiple, co-occur-
ring diseases and conditions;
‘‘(III) improve access to providers through non-
traditional means, such as the use of remote mon-
itoring equipment;
‘‘(IV) target various medically underserved pop-
ulations,
including
uninsured
patient
popu-
lations;
‘‘(V) increase access to specialty care, including
referrals and diagnostic testing; and
‘‘(VI) enhance the use of electronic health
records to improve quality;
Page 355
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 254b
‘‘(iii) efforts to determine how effective quality
improvement models may be adapted for implemen-
tation by community health centers that vary by
size, budget, staffing, services offered, populations
served, and other characteristics determined appro-
priate by the Secretary;
‘‘(iv) types of technical assistance and resources
provided to community health centers that may fa-
cilitate the implementation of quality improve-
ment interventions;
‘‘(v) proposed or adopted methodologies for com-
munity health center evaluations of quality im-
provement interventions, including any develop-
ment of new measures that are tailored to safety-
net, community-based providers;
‘‘(vi) successful strategies for sustaining quality
improvement interventions in the long-term; and
‘‘(vii) partnerships with other Federal agencies
and private organizations or networks as appro-
priate, to enhance health care quality in commu-
nity health centers.
‘‘(C) DISSEMINATION.—The Administrator of the
Health Resources and Services Administration shall
establish a formal mechanism or mechanisms for the
ongoing dissemination of agency initiatives, best
practices, and other information that may assist
health care quality improvement efforts in commu-
nity health centers.’’
GUARANTEE STUDY
Pub. L. 107–251, title V, § 501, Oct. 26, 2002, 116 Stat.
1664, as amended by Pub. L. 108–163, § 2(n)(2), Dec. 6,
2003, 117 Stat. 2023, required the Secretary of Health
and Human Services to conduct a study regarding the
ability of the Department of Health and Human Serv-
ices to provide for guarantees of solvency for managed
care networks or plans involving health centers receiv-
ing funding under this section and to prepare and sub-
mit a report to Congress regarding such ability by 2
years after Oct. 26, 2002.
REFERENCE TO COMMUNITY, MIGRANT, PUBLIC HOUSING,
OR
HOMELESS
HEALTH
CENTER
CONSIDERED
REF-
ERENCE TO HEALTH CENTER
Pub. L. 104–299, § 4(c), Oct. 11, 1996, 110 Stat. 3645, pro-
vided that: ‘‘Whenever any reference is made in any
provision of law, regulation, rule, record, or document
to a community health center, migrant health center,
public housing health center, or homeless health cen-
ter, such reference shall be considered a reference to a
health center.’’
LEGISLATIVE PROPOSAL FOR CHANGES CONFORMING TO
PUB. L. 104–299
Pub. L. 104–299, § 4(e), Oct. 11, 1996, 110 Stat. 3645, pro-
vided that: ‘‘After consultation with the appropriate
committees of the Congress, the Secretary of Health
and Human Services shall prepare and submit to the
Congress a legislative proposal in the form of an imple-
menting bill containing technical and conforming
amendments to reflect the changes made by this Act
[see Short Title of 1996 Amendments note set out under
section 201 of this title].’’
Executive Documents
EX. ORD. NO. 13937. ACCESS TO AFFORDABLE LIFE-SAVING
MEDICATIONS
Ex. Ord. No. 13937, July 24, 2020, 85 F.R. 45755, pro-
vided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, it is hereby ordered as follows:
SECTION 1. Purpose. Insulin is a critical and life-sav-
ing medication that approximately 8 million Ameri-
cans rely on to manage diabetes. Likewise, injectable
epinephrine is a life-saving medication used to stop se-
vere allergic reactions.
The price of insulin in the United States has risen
dramatically over the past decade. The list price for a
single vial of insulin today is often more than $250 and
most patients use at least two vials per month. As for
injectable epinephrine, recent increased competition is
helping to drive prices down. Nevertheless, the price for
some types of injectable epinephrine remains more
than $600 per kit. While Americans with diabetes and
severe allergic reactions may have access to affordable
insulin and injectable epinephrine through commercial
insurance or Federal programs such as Medicare and
Medicaid, many Americans still struggle to purchase
these products.
Federally Qualified Health Centers (FQHCs), as de-
fined in section 1905(l)(2)(B)(i) and (ii) of the Social Se-
curity Act, as amended, 42 U.S.C. 1396d(l)(2)(B)(i) and
(ii), receive discounted prices through the 340B Pre-
scription Drug Program on prescription drugs. Due to
the sharp increases in list prices for many insulins and
some types of injectable epinephrine in recent years,
many of these products may be subject to the ‘‘penny
pricing’’ policy when distributed to FQHCs, meaning
FQHCs may purchase the drug at a price of one penny
per unit of measure. These steep discounts, however,
are not always passed through to low-income Ameri-
cans at the point of sale. Those with low-incomes can
be exposed to high insulin and injectable epinephrine
prices, as they often do not benefit from discounts ne-
gotiated by insurers or the Federal or State govern-
ments.
SEC. 2. Policy. It is the policy of the United States to
enable Americans without access to affordable insulin
and injectable epinephrine through commercial insur-
ance or Federal programs, such as Medicare and Med-
icaid, to purchase these pharmaceuticals from an FQHC
at a price that aligns with the cost at which the FQHC
acquired the medication.
SEC. 3. Improving the Availability of Insulin and
Injectable Epinephrine for the Uninsured. To the extent
permitted by law, the Secretary of Health and Human
Services shall take action to ensure future grants
available under section 330(e) of the Public Health
Service Act, as amended, 42 U.S.C. 254b(e), are condi-
tioned upon FQHCs’ having established practices to
make insulin and injectable epinephrine available at
the discounted price paid by the FQHC grantee or sub-
grantee under the 340B Prescription Drug Program
(plus a minimal administration fee) to individuals with
low incomes, as determined by the Secretary, who:
(a) have a high cost sharing requirement for either
insulin or injectable epinephrine;
(b) have a high unmet deductible; or
(c) have no health care insurance.
SEC. 4. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive de-
partment or agency, or the head thereof;
(ii) the functions of the Director of the Office of Man-
agement and Budget relating to budgetary, administra-
tive, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of appro-
priations.
(c) This order is not intended to, and does not, create
any right or benefit, substantive or procedural, enforce-
able at law or in equity by any party against the
United States, its departments, agencies, or entities,
its officers, employees, or agents, or any other person.
DONALD J. TRUMP.
MEDICARE DEMONSTRATION TO TEST MEDICAL HOMES IN
FEDERALLY QUALIFIED HEALTH CENTERS
Memorandum of President of the United States, Dec.
9, 2009, 74 F.R. 66207, provided:
Memorandum for the Secretary of Health And Human
Services
My Administration is committed to building a high-
quality, efficient health care system and improving ac-
cess to health care for all Americans. Health centers
are a vital part of the health care delivery system. For
more than 40 years, health centers have served popu-
Page 356
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 254b–1
1 So in original.
lations with limited access to health care, treating all
patients regardless of ability to pay. These include low-
income populations, the uninsured, individuals with
limited English proficiency, migrant and seasonal farm
workers, individuals and families experiencing home-
lessness, and individuals living in public housing. There
are over 1,100 health centers across the country, deliv-
ering care at over 7,500 sites. These centers served more
than 17 million patients in 2008 and are estimated to
serve more than 20 million patients in 2010.
The American Recovery and Reinvestment Act of 2009
(Recovery Act) provided $2 billion for health centers,
including $500 million to expand health centers’ serv-
ices to over 2 million new patients by opening new
health center sites, adding new providers, and improv-
ing hours of operations. An additional $1.5 billion is
supporting much-needed capital improvements, includ-
ing funding to buy equipment, modernize clinic facili-
ties, expand into new facilities, and adopt or expand
the use of health information technology and elec-
tronic health records.
One of the key benefits health centers provide to the
communities they serve is quality primary health care
services. Health centers use interdisciplinary teams to
treat the ‘‘whole patient’’ and focus on chronic disease
management to reduce the use of costlier providers of
care, such as emergency rooms and hospitals.
Federally qualified health centers provide an excel-
lent environment to demonstrate the further improve-
ments to health care that may be offered by the med-
ical homes approach. In general, this approach empha-
sizes the patient’s relationship with a primary care
provider who coordinates the patient’s care and serves
as the patient’s principal point of contact for care. The
medical homes approach also emphasizes activities re-
lated to quality improvement, access to care, commu-
nication with patients, and care management and co-
ordination. These activities are expected to improve
the quality and efficiency of care and to help avoid pre-
ventable emergency and inpatient hospital care. Dem-
onstration programs establishing the medical homes
approach have been recommended by the Medicare Pay-
ment Advisory Commission, an independent advisory
body to the Congress.
Therefore, I direct you to implement a Medicare Fed-
erally Qualified Health Center Advanced Primary Care
Practice demonstration, pursuant to your statutory
authority to conduct experiments and demonstrations
on changes in payments and services that may improve
the quality and efficiency of services to beneficiaries.
Health centers participating in this demonstration
must have shown their ability to provide comprehen-
sive, coordinated, integrated, and accessible health
care.
This memorandum is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against
the United States, its departments, agencies, or enti-
ties, its officers, employees, or agents, or any other
person.
You are authorized and directed to publish this
memorandum in the Federal Register.
BARACK OBAMA.
§ 254b–1. State grants to health care providers
who provide services to a high percentage of
medically underserved populations or other
special populations
(a) In general
A State may award grants to health care pro-
viders who treat a high percentage, as deter-
mined by such State, of medically underserved
populations or other special populations in such
State.
(b) Source of funds
A grant program established by a State under
subsection (a) may not be established within a
department, agency, or other entity of such
State that administers the Medicaid program
under title XIX of the Social Security Act (42
U.S.C. 1396 et seq.), and no Federal or State
funds allocated to such Medicaid program, the
Medicare program under title XVIII of the So-
cial Security Act (42 U.S.C. 1395 et seq.), or the
TRICARE program under chapter 55 of title 10
may be used to award grants or to pay adminis-
trative costs associated with a grant program
established under subsection (a).
(Pub. L. 111–148, title V, § 5606, as added Pub. L.
111–148, title X, § 10501(k), Mar. 23, 2010, 124 Stat.
999.)
Editorial Notes
REFERENCES IN TEXT
The Social Security Act, referred to in subsec. (b), is
act Aug. 14, 1935, ch. 531, 49 Stat. 620. Titles XVIII and
XIX of the Act are classified generally to subchapters
XVIII (§ 1395 et seq.) and XIX (§ 1396 et seq.), respec-
tively, of chapter 7 of this title. For complete classi-
fication of this Act to the Code, see section 1305 of this
title and Tables.
CODIFICATION
Section was enacted as part of the Patient Protection
and Affordable Care Act, and not as part of the Public
Health Service Act which comprises this chapter.
§ 254b–2. Community health centers and the Na-
tional Health Service Corps Fund
(a) Purpose
It is the purpose of this section to establish a
Community Health Center Fund (referred to in
this section as the ‘‘CHC Fund’’), to be adminis-
tered through the Office of the Secretary of the
Department of Health and Human Services to
provide for expanded and sustained national in-
vestment in community health centers under
section 254b of this title and the National Health
Service Corps.
(b) Funding
There is authorized to be appropriated, and
there is appropriated, out of any monies in the
Treasury not otherwise appropriated, to the
CHC Fund—
(1) to be transferred to the Secretary of
Health and Human Services to provide en-
hanced funding for the community health cen-
ter program under section 254b of this title—
(A) $1,000,000,000 for fiscal year 2011;
(B) $1,200,000,000 for fiscal year 2012;
(C) $1,500,000,000 for fiscal year 2013;
(D) $2,200,000,000 for fiscal year 2014;
(E) $3,600,000,000 for each of fiscal years
2015 through 2017;
(F) $3,800,000,000 for fiscal year 2018;
(G) $4,000,000,000 for each of fiscal years
2019 through 2023;
(H) $526,027,397 for the period beginning on
October 1, 2023, and ending on November 17,
2023, $690,410,959 for the period beginning on
November 18, 2023, and ending on January 19,
2024, $536,986,301 for the period beginning on
January 20, 2024, and ending on March 8,
2024, and $3,592,328,767 for the period begin-
ning on October 1, 2023,1 and ending on De-
cember 31, 2024; and
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
Notwithstanding the provisions of title 5, Executive order, or administrative regulation, an Indian tribe or tribal organization carrying out programs under the Indian Self-Determination and Education Assistance Act ([25 U.S.C. 5301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5301&num=0&edition=prelim) et seq.) or the Tribally Controlled Schools Act of 1988 ([25 U.S.C. 2501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2501&num=0&edition=prelim) et seq.) or an urban Indian organization carrying out programs under subchapter IV of this chapter shall be entitled to purchase coverage, rights, and benefits for the employees of such Indian tribe or tribal organization, or urban Indian organization, under chapter 89 of title 5 and chapter 87 of such title if necessary employee deductions and agency contributions in payment for the coverage, rights, and benefits for the period of employment with such Indian tribe or tribal organization, or urban Indian organization, are currently deposited in the applicable Employee’s Fund under such title.
Stored review status: release_metadata_unconfirmed. The source passage cites 25 U.S.C. § 1651. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 1651. Purpose
The purpose of this subchapter is to establish
programs in urban centers to make health serv-
ices more accessible to urban Indians.
(Pub. L. 94–437, title V, § 501, as added Pub. L.
100–713, title V, § 501, Nov. 23, 1988, 102 Stat. 4820.)
Editorial Notes
PRIOR PROVISIONS
A prior section 1651, Pub. L. 94–437, title V, § 501, Sept.
30, 1976, 90 Stat. 1410; Pub. L. 96–537, § 7, Dec. 17, 1980, 94
Stat. 3176, related to Congressional statement of pur-
pose, prior to the general revision of this subchapter by
Pub. L. 100–713.
Page 310
TITLE 25—INDIANS
§ 1652
§ 1652. Contracts with, and grants to, urban In-
dian organizations
(a) In general
Pursuant to section 13 of this title, the Sec-
retary, acting through the Service, shall enter
into contracts with, or make grants to, urban
Indian organizations to assist the urban Indian
organizations in the establishment and adminis-
tration, within urban centers, of programs that
meet the requirements of this subchapter.
(b) Conditions
Subject to section 1656 of this title, the Sec-
retary, acting through the Service, shall include
such conditions as the Secretary considers nec-
essary to effect the purpose of this subchapter in
any contract into which the Secretary enters
with, or in any grant the Secretary makes to,
any urban Indian organization pursuant to this
subchapter.
(Pub. L. 94–437, title V, § 502, as added Pub. L.
100–713, title V, § 501, Nov. 23, 1988, 102 Stat. 4820;
amended Pub. L. 102–573, title V, § 501(a), Oct. 29,
1992, 106 Stat. 4567; Pub. L. 111–148, title X,
§ 10221(a), Mar. 23, 2010, 124 Stat. 935.)
Editorial Notes
CODIFICATION
Amendment by Pub. L. 111–148 is based on section
163(b) of title I of S. 1790, One Hundred Eleventh Con-
gress, as reported by the Committee
Stored review status: historical_2024_not_currentness_verified. The source passage cites 25 U.S.C. § 1651. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings respecting historical and special legal relationship, and resultant responsibilities** The Congress, after careful review of the Federal Government’s historical and special legal relationship with, and resulting responsibilities to, American Indian people, finds that—
(1) the prolonged Federal domination of Indian service programs has served to retard rather than enhance the progress of Indian people and their communities by depriving Indians of the full opportunity to develop leadership skills crucial to the realization of self-government, and has denied to the Indian people an effective voice in the planning and implementation of programs for the benefit of Indians which are responsive to the true needs of Indian communities; and
(2) the Indian people will never surrender their desire to control their relationships both among themselves and with non-Indian governments, organizations, and persons.
**(b) Further findings** The Congress further finds that—
(1) true self-determination in any society of people is dependent upon an educational process which will insure the development of qualified people to fulfill meaningful leadership roles;
(2) the Federal responsibility for and assistance to education of Indian children has not effected the desired level of educational achievement or created the diverse opportunities and personal satisfaction which education can and should provide; and
(3) parental and community control of the educational process is of crucial importance to the Indian people.
Stored review status: release_metadata_unconfirmed. The source passage cites 25 U.S.C. § 5321. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 5321. Self-determination contracts
(a) Request by tribe; authorized programs
(1) The Secretary is directed, upon the request
of any Indian tribe by tribal resolution, to enter
into a self-determination contract or contracts
with a tribal organization to plan, conduct, and
administer programs or portions thereof, includ-
ing construction programs—
(A) provided for in the Act of April 16, 1934
(48 Stat. 596), as amended [25 U.S.C. 5342 et
seq.];
(B) which the Secretary is authorized to ad-
minister for the benefit of Indians under the
Act of November 2, 1921 (42 Stat. 208) [25 U.S.C.
13], and any Act subsequent thereto;
(C) provided by the Secretary of Health and
Human Services under the Act of August 5,
1954 (68 Stat. 674), as amended [42 U.S.C. 2001 et
seq.];
(D) administered by the Secretary for the
benefit of Indians for which appropriations are
made to agencies other than the Department
of Health and Human Services or the Depart-
ment of the Interior; and
(E) for the benefit of Indians because of their
status as Indians without regard to the agency
or office of the Department of Health and
Human Services or the Department of the In-
terior within which it is performed.
The programs, functions, services, or activities
that are contracted under this paragraph shall
Page 725
TITLE 25—INDIANS
§ 5321
1 So in original. Probably should be ‘‘paragraph,’’.
include administrative functions of the Depart-
ment of the Interior and the Department of
Health and Human Services (whichever is appli-
cable) that support the delivery of services to
Indians, including those administrative activi-
ties supportive of, but not included as part of,
the service delivery programs described in this
paragraph that are otherwise contractable. The
administrative
Stored review status: historical_2024_not_currentness_verified. The source passage cites 25 U.S.C. § 5321. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Conditions of participation; protection of individual rights; notification of State entities; use of home health aides; medical equipment; individual’s plan of care; compliance with Federal, State, and local laws and regulations** The conditions of participation that a home health agency is required to meet under this subsection are as follows:
(1) The agency protects and promotes the rights of each individual under its care, including each of the following rights:
(A) The right to be fully informed in advance about the care and treatment to be provided by the agency, to be fully informed in advance of any changes in the care or treatment to be provided by the agency that may affect the individual’s well-being, and (except with respect to an individual adjudged incompetent) to participate in planning care and treatment or changes in care or treatment.
(B) The right to voice grievances with respect to treatment or care that is (or fails to be) furnished without discrimination or reprisal for voicing grievances.
(C) The right to confidentiality of the clinical records described in section 1395x(o)(3) of this title.
(D) The right to have one’s property treated with respect.
(E) The right to be fully informed orally and in writing (in advance of coming under the care of the agency) of—
(i) all items and services furnished by (or under arrangements with) the agency for which payment may be made under this subchapter,
(ii) the coverage available for such items and services under this subchapter, subchapter XIX, and any other Federal program of which the agency is reasonably aware,
(iii) any charges for items and services not covered under this subchapter and any charges the individual may have to pay with respect to items and services furn
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 1395. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 1395. Prohibition against any Federal inter-
ference
Nothing in this subchapter shall be construed
to authorize any Federal officer or employee to
exercise any supervision or control over the
practice of medicine or the manner in which
medical services are provided, or over the selec-
tion, tenure, or compensation of any officer or
employee of any institution, agency, or person
providing health services; or to exercise any su-
pervision or control over the administration or
operation of any such institution, agency, or
person.
(Aug. 14, 1935, ch. 531, title XVIII, § 1801, as added
Pub. L. 89–97, title I, § 102(a), July 30, 1965, 79
Stat. 291.)
Statutory Notes and Related Subsidiaries
SHORT TITLE
For short title of title I of Pub. L. 89–97, which en-
acted this subchapter as the ‘‘Health Insurance for the
Aged Act’’, see section 100 of Pub. L. 89–97, set out as
a Short Title of 1965 Amendment note under section
1305 of this title.
PROTECTING AND IMPROVING GUARANTEED MEDICARE
BENEFITS
Pub. L. 111–148, title III, § 3601, Mar. 23, 2010, 124 Stat.
538, provided that:
‘‘(a) PROTECTING GUARANTEED MEDICARE BENEFITS.—
Nothing in the provisions of, or amendments made by,
this Act [see Short Title note set out under section
18001 of this title] shall result in a reduction of guaran-
teed benefits under title XVIII of the Social Security
Act [42 U.S.C. 1395 et seq.].
‘‘(b) ENSURING THAT MEDICARE SAVINGS BENEFIT THE
MEDICARE
PROGRAM
AND
MEDICARE
BENEFICIARIES.—
Savings generated for the Medicare program under title
XVIII of the Social Security Act under the provisions
of, and amendments made by, this Act shall extend the
solvency of the Medicare trust funds, reduce Medicare
premiums and other cost-sharing for beneficiaries, and
improve or expand gu
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 1395. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment** The Secretary shall establish a manufacturer discount program (in this section referred to as the “program”). Under the program, the Secretary shall enter into agreements described in subsection (b) with manufacturers and provide for the performance of the duties described in subsection (c).
**(b) Terms of agreement**
(1) **In general**
(A) *Agreement* — An agreement under this section shall require the manufacturer to provide, in accordance with this section, discounted prices for applicable drugs of the manufacturer that are dispensed to applicable beneficiaries on or after January 1, 2025.
(B) *Clarification* — Nothing in this section shall be construed as affecting—
(i) the application of a coinsurance of 25 percent of the negotiated price, as applied under paragraph (2)(A) of [section 1395w–102(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395w–102/b&num=0&edition=prelim), for costs described in such paragraph; or
(ii) the application of the copayment amount described in paragraph (4)(A) of such section, with respect to costs described in such paragraph.
(C) *Timing of agreement*
(i) *Special rule for 2025* — In order for an agreement with a manufacturer to be in effect under this section with respect to the period beginning on January 1, 2025, and ending on December 31, 2025, the manufacturer shall enter into such agreement not later than March 1, 2024.
(ii) *2026 and subsequent years* — In order for an agreement with a manufacturer to be in effect under this section with respect to plan year 2026 or a subsequent plan year, the manufacturer shall enter into such agreement not later than a calendar quarter or semi-annual deadline established by the Secretary.
(2)
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 1395x. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 1395x. Definitions
For purposes of this subchapter—
(a) Spell of illness
The term ‘‘spell of illness’’ with respect to any
individual means a period of consecutive days—
(1) beginning with the first day (not included
in a previous spell of illness) (A) on which such
individual is furnished inpatient hospital serv-
ices, inpatient critical access hospital services
or extended care services, and (B) which oc-
curs in a month for which he is entitled to
benefits under part A, and
(2) ending with the close of the first period
of 60 consecutive days thereafter on each of
which he is neither an inpatient of a hospital
or critical access hospital nor an inpatient of
a facility described in section 1395i–3(a)(1) of
this title or subsection (y)(1).
Page 3524
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1395x
(b) Inpatient hospital services
The term ‘‘inpatient hospital services’’ means
the following items and services furnished to an
inpatient of a hospital and (except as provided
in paragraph (3)) by the hospital—
(1) bed and board;
(2) such nursing services and other related
services, such use of hospital facilities, and
such medical social services as are ordinarily
furnished by the hospital for the care and
treatment of inpatients, and such drugs,
biologicals, supplies, appliances, and equip-
ment, for use in the hospital, as are ordinarily
furnished by such hospital for the care and
treatment of inpatients; and
(3) such other diagnostic or therapeutic
items or services, furnished by the hospital or
by others under arrangements with them made
by the hospital, as are ordinarily furnished to
inpatients either by such hospital or by others
under such arrangements;
excluding, however—
(4) medical or surgical services provided by a
physician, res
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 1395x. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment** There is hereby established the Medicaid and CHIP Payment and Access Commission (in this section referred to as “MACPAC”).
**(b) Duties**
(1) **Review of access policies for all States and annual reports** — MACPAC shall—
(A) review policies of the Medicaid program established under this subchapter (in this section referred to as “Medicaid”) and the State Children’s Health Insurance Program established under subchapter XXI (in this section referred to as “CHIP”) affecting access to covered items and services, including topics described in paragraph (2);
(B) make recommendations to Congress, the Secretary, and States concerning such access policies;
(C) by not later than March 15 of each year (beginning with 2010), submit a report to Congress containing the results of such reviews and MACPAC’s recommendations concerning such policies; and
(D) by not later than June 15 of each year (beginning with 2010), submit a report to Congress containing an examination of issues affecting Medicaid and CHIP, including the implications of changes in health care delivery in the United States and in the market for health care services on such programs.
(2) **Specific topics to be reviewed** — Specifically, MACPAC shall review and assess the following:
(A) *Medicaid and CHIP payment policies* — Payment policies under Medicaid and CHIP, including—
(i) the factors affecting expenditures for the efficient provision of items and services in different sectors, including the process for updating payments to medical, dental, and health professionals, hospitals, residential and long-term care providers, providers of home and community based services, Federally-qualified health centers and rural health clinics, managed care entities, and providers of ot
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 1396. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 1396. Medicaid and CHIP Payment and Access
Commission
(a) Establishment
There is hereby established the Medicaid and
CHIP Payment and Access Commission (in this
section referred to as ‘‘MACPAC’’).
(b) Duties
(1) Review of access policies for all States and
annual reports
MACPAC shall—
(A) review policies of the Medicaid pro-
gram established under this subchapter (in
this section referred to as ‘‘Medicaid’’) and
the State Children’s Health Insurance Pro-
gram established under subchapter XXI (in
this section referred to as ‘‘CHIP’’) affecting
access to covered items and services, includ-
ing topics described in paragraph (2);
(B) make recommendations to Congress,
the Secretary, and States concerning such
access policies;
(C) by not later than March 15 of each year
(beginning with 2010), submit a report to
Congress containing the results of such re-
views and MACPAC’s recommendations con-
cerning such policies; and
(D) by not later than June 15 of each year
(beginning with 2010), submit a report to
Congress
containing
an
examination
of
issues affecting Medicaid and CHIP, includ-
ing the implications of changes in health
care delivery in the United States and in the
market for health care services on such pro-
grams.
(2) Specific topics to be reviewed
Specifically, MACPAC shall review and as-
sess the following:
(A) Medicaid and CHIP payment policies
Payment policies under Medicaid and
CHIP, including—
(i) the factors affecting expenditures for
the efficient provision of items and serv-
ices in different sectors, including the
process for updating payments to medical,
dental, and health professionals, hospitals,
residential and long-term care providers,
providers of home and community based
services, Federally-qualified health ce
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 1396. This identifies an authority to review, not proof of applicability.