(a) Before an application is recommended by a State agency to the Secretary for approval, the State agency shall obtain an assurance from the applicant that all portions and services of the entire facility for the construction or modernization of which, or in connection with which, aid under the Act is sought will be made available without discrimination on account of creed and no professionally qualified person will be discriminated against on account of creed with respect to the privilege of professional practice in the facility.
(b) Each construction contract is subject to the condition that the applicant shall comply with the requirements of Executive Order 11246, September 24, 1965 (30 FR 12319), relating to nondiscrimination in construction contract employment, and the applicable rules, regulations, and procedures prescribed pursuant thereto.
(c) Attention is called to the requirement of title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d; 78 Stat. 252) which provides that no person in the United States shall, on the ground of race, color, or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. A regulation implementing such title VI, applicable to assistance under this part for construction and modernization of hospitals and medical facilities, has been issued by the Secretary of Health and Human Services with the approval of the President (45 CFR part 80).
[37 FR 182, Jan. 6, 1972, as amended at 39 FR 31767, Aug. 30, 1974]
Notes of Decisions
Simkins v. Moses H. Cone Mem'l Hosp., 323 F.2d 959 (4th Cir. 1963).
· cites it 10× “§ 2916 (f), 1 and a regulation pursuant thereto, 42 C.F.R. § 53.112 , 2 21 Fed.Reg. 9841 (December 12, 1956).”
Mem'l Hosp. v. Maricopa Cnty., 415 U.S. 250 (1974).
· cites it 2× “It is clear, for example, that the County could not limit such service to whites out of *273 a professed inability to service indigents of all races because 42 CFR § 53.112 (c) prohibits such discrimination in the operation of Hill-Burton facilities.”
Cook v. Ochsner Found. Hosp., 61 F.R.D. 354 (E.D. La. 1972).
· cites it 3× “§ 291c(e) * * * * * * 42 CFR 53.112 § 53.112 Community service; no discrimination.”
Floyd T. Stanturf v. Donald Sipes, 335 F.2d 224 (8th Cir. 1964).
“§ 291e(f), and a regulation promulgated pursuant thereto, 42 C.F.R. § 53.112 , 21 Fed.Reg. 9841 (December 12, 1956), was drawn into question.”
Slavcoff v. Harrisburg Polyclinic Hosp., 375 F. Supp. 999 (M.D. Penn. 1974).
“’ These applications were approved by the North Carolina Medical Care Commission, a state agency, and the Surgeon General of the United States under his statutory authorization.”
Armstrong v. Fairmont Cmty. Hosp. Ass'n, 659 F. Supp. 1524 (D. Minnesota 1987).
· cites it 2× “However, from 1947 to 1972 there was no regulation defining “community service,” and 42 C.F.R. § 53.112 , the only relevant regulation involved, simply tracked the general “community service” language of the statute itself.”
Simkins v. Moses H. Cone Mem'l Hosp., 211 F. Supp. 628 (M.D.N.C. 1962).
“This understanding was consented to by the Surgeon General of the United States and the North Carolina Medical Care Commission, acting pursuant to Section 291e(f) of Title 42 United States Code (Hill-Burton Act), and Public Health Service Regulations, 42 CFR § 53.112 . These…”
Smith v. Hampton Training Sch. for Nurses, 243 F. Supp. 403 (E.D. Va. 1965).
· cites it 2× “§ 291e (f) and the implementing regulation, 42 C.F.R. § 53.112 . 2 Prior to the decision of the United States Court of Appeals in Simkins v.”
— 42 C.F.R. § 53.112(a)(1) — 1 case
Cook v. Ochsner Found. Hosp., 61 F.R.D. 354 (E.D. La. 1972).
“§ 291c(e) * * * * * * 42 CFR 53.112 § 53.112 Community service; no discrimination.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.