42 C.F.R. § 124.501

Applicability

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(a) The provisions of this subpart apply to any recipient of Federal assistance under title VI or XVI of the Public Health Service Act that gave an assurance that it would make available, in the facility or portion of the facility constructed, modernized or converted with that assistance, a reasonable volume of services to persons unable to pay for the services.

(b) The provisions of this subpart apply to facilities for the following periods:

(1) Facilities assisted under title VI. Except as otherwise herein provided, a facility assisted under title VI of the Act shall provide uncompensated services at the annual compliance level required by § 124.503(a) for:

(i) Twenty years after the completion of construction, in the case of a facility for which the Secretary provided grant assistance under section 606 of the Act; or

(ii) The period from completion of construction until the amount of a direct loan under sections 610 and 623 of the Act, or the amount of a loan with respect to which the Secretary provided a guarantee and interest subsidy under section 623 of the Act, is repaid, in the case of a facility for which such a loan was made.

(iii) “Completion of construction” means:

(A) The date on which the Secretary determines the facility was opened for service;

(B) If the opening date is not available, it means the date on which the Secretary approved the final part of the facility's application for assistance under title VI of the Act;

(C) If the date of final approval is not available, it means whatever date the Secretary determines most reasonably approximates the date of final approval.

(2) Facilities assisted under title XVI. The provisions of this subpart apply to a facility assisted under title XVI of the Act at all times following the Secretary's approval of the facility's application for assistance under title XVI, except that if the facility does not at the time of that approval provide health services, the assurance applies at all times following the facility's initial provision of health services to patients, as determined by the Secretary.

Notes of Decisions

Cited in 10 cases, 1981–1992 · leading case: Am. Hosp. Ass'n v. Richard S. Schweiker, & Illinois Migrant Council, Intervening, 721 F.2d 170 (7th Cir. 1983).

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Am. Hosp. Ass'n v. Richard S. Schweiker, & Illinois Migrant Council, Intervening, 721 F.2d 170 (7th Cir. 1983). “§ 300s-l(b)(l)(K), 42 C.F.R. § 124.501 (b)(2). 4 . Although, as the appellant points out, the preamble to the 1979 regulations recites that they are issued under the authority of Title XVI, we do not think that this point is critical to our review of the Secretary’s authority.”

Am. Hosp. Ass'n v. Schweiker, 529 F. Supp. 1283 (N.D. Ill. 1982). · cites it 2× “The regulations are codified at 42 C.F.R. §§ 124.501 et seq. and 124.601 et seq.”

Flagstaff Med. Ctr., Inc. v. Sullivan, 773 F. Supp. 1325 (D. Ariz. 1991). “42 C.F.R. § 124.501 (a) (1979). 6 . The levels established by the regulations required hospitals to provide uncompensated services equivalent to either 3% of the hospital’s operating costs or 10% of the federal assistance the facility had received, whichever is less.”

Flagstaff Med. Ctr., Inc. v. Sullivan, 962 F.2d 879 (9th Cir. 1992). · cites it 2× “” 42 C.F.R. § 124.501 (a) (1979). See also 42 C.”

Gillis v. United States Dep't of Health & Human Servs., 759 F.2d 565 (6th Cir. 1985). “The regulations issued by the Secretary pertaining to these assurances appear at 42 C.F.R. §§ 124.501 et. seq. (uncompensated care) & 124.”

Lile v. Univ. of Iowa Hospitals & Clinics, 886 F.2d 157 (8th Cir. 1989). “42 C.F.R. § 124.501 (1987). Regulations governing the computation of free care exclude any amount which a facility receives from a third party insurer or through a “governmental program.”

Dark v. Prince George's Cnty., 430 A.2d 629 (Md. Ct. Spec. App. 1981). “182 (1/6/72); current 42 CFR §§ 124.501 — 124.607 (1979). 5 . 12 Fed.”

Feight v. Lesser, 446 N.E.2d 133 (NY 1983). “The Secretary of Health and Human Services has promulgated certain rules regulating the delivery of uncompensated services under the Hill-Burton Act (see 42 CFR 124.501 et seq.). Of concern here, the regulations prohibit a facility from calculating as part of its uncompensated…”

Creditors Prot. Ass'n v. Flack, 763 P.2d 756 (Or. Ct. App. 1988). “42 CFR § 124.501 to 42 CFR § 124.513 (1987).”

White v. Moses Taylor Hosp., 841 F. Supp. 629 (M.D. Penn. 1992). “42 C.F.R. § 124.501 et seq., (1979 and 1987 editions).”

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