42 U.S.C. § 256h
Program of payments to teaching health centers that operate graduate medical education programs
In making payments under paragraph (1), the Secretary shall consider the cost of training residents at teaching health centers and the implications of the per resident amount on approved graduate medical residency training programs at teaching health centers.
The amount determined under subsection (c) for direct expenses associated with sponsoring approved graduate medical residency training programs.
The amount determined under subsection (d) for indirect expenses associated with the additional costs relating to teaching residents in such programs.
The total of the payments made to qualified teaching health centers under paragraph (1)(A) or paragraph (1)(B) in a fiscal year shall not exceed the amount of funds appropriated under subsection (g) for such payments for that fiscal year.
The Secretary shall limit the funding of full-time equivalent residents in order to ensure the direct and indirect payments as determined under subsection 1
Notwithstanding any provision of this section, for the period beginning on
The Secretary shall update such per resident amount for each such qualified teaching health center as determined appropriate by the Secretary.
The amount determined under this subsection for payments to qualified teaching health centers for indirect expenses associated with the additional costs of teaching residents for a fiscal year is equal to an amount determined appropriate by the Secretary.
Before the Secretary makes a payment under this subsection pursuant to a determination of indirect expenses under paragraph (1), the Secretary may provide to qualified teaching health centers a payment, in addition to any payment made under subsection (c), for expected indirect expenses associated with the additional costs of teaching residents for a fiscal year, based on an estimate by the Secretary.
The Secretary shall determine any changes to the number of residents reported by a teaching health center in the application of the teaching health center for the current fiscal year to determine the final amount payable to the teaching health center for the current fiscal year for both direct expense and indirect expense amounts. Based on such determination, the Secretary shall recoup any overpayments made to pay any balance due to the extent possible. The final amount so determined shall be considered a final intermediary determination for the purposes of section 1395oo of this title and shall be subject to administrative and judicial review under that section in the same manner as the amount of payment under section 1395ww(d) 2
Of the amount made available to carry out this section for any fiscal year, the Secretary may not use more than 5 percent of such amount for the expenses of administering this section.
The Secretary may audit a qualified teaching health center to ensure the accuracy and completeness of the information submitted in a report under paragraph (1).
A teaching health center may only receive payment in a cost reporting period for a number of such resident positions that is greater than the base level of primary care resident positions, as determined by the Secretary. For purposes of this subparagraph, the “base level of primary care residents” for a teaching health center is the level of such residents as of a base period.
Before imposing a reduction under subparagraph (A) on the basis of a qualified teaching health center’s failure to provide complete and accurate information described in subparagraph (A)(ii), the Secretary shall provide notice to the teaching health center of such failure and the Secretary’s intention to impose such reduction and shall provide the teaching health center with the opportunity to provide the required information within the period of 30 days beginning on the date of such notice. If the teaching health center provides such information within such period, no reduction shall be made under subparagraph (A) on the basis of the previous failure to provide such information.
The residents described in this paragraph are those who are in part-time or full-time equivalent resident training positions at a qualified teaching health center in any approved graduate medical residency training program.
The Secretary shall promulgate regulations to carry out this section.
The term “new approved graduate medical residency training program” means an approved graduate medical residency training program for which the sponsoring qualified teaching health center has not received a payment under this section for a previous fiscal year (other than pursuant to subsection (a)(1)(C)).
The term “primary care residency program” has the meaning given that term in section 293l–1 of this title.
The term “qualified teaching health center” has the meaning given the term “teaching health center” in section 293l–1 of this title.
Section 4410 of the Balanced Budget Act of 1997, referred to in subsec. (c)(2)(A)(ii), is section 4410 of Pub. L. 105–33, which is set out as a note under section 1395ww of this title.
Section 1395ww(d) of this title, referred to in subsec. (f), was in the original “section 1186(d) of such Act”, and was translated as meaning section 1886(d) of act Aug. 14, 1935, ch. 531, known as the Social Security Act, to reflect the probable intent of Congress. The Social Security Act does not contain a section 1186.
Another section 340H of act
2026—Subsec. (g)(1)(D) to (I). Pub. L. 119–75 added subpars. (D) to (I) and struck out former subpars. (D) to (G) which read as follows:
“(D) $16,635,616 for the period beginning on
“(E) $43,150,685 for the period beginning on
“(F) $87,739,726 for the period beginning on
“(G) $58,493,151 for the period beginning on
2025—Subsec. (g)(1)(F). Pub. L. 119–4 added subpar. (F).
Subsec. (g)(1)(G). Pub. L. 119–37 added subpar. (G).
2024—Subsec. (b)(2)(C). Pub. L. 118–42, § 101(c)(2), added subpar. (C).
Subsec. (g)(1). Pub. L. 118–158, § 3101(c)(2), substituted “, not to exceed—” and subpars. (A) to (E) for period at end.
Pub. L. 118–158, § 3101(c)(1), struck out “not to exceed $230,000,000, for the period of fiscal years 2011 through 2015, $60,000,000 for each of fiscal years 2016 and 2017, $126,500,000 for each of fiscal years 2018 through 2023, $16,635,616 for the period beginning on
Pub. L. 118–42, § 101(c)(1), substituted “$16,982,192 for the period beginning on
Pub. L. 118–35 substituted “$21,834,247 for the period beginning on
2023—Subsec. (g)(1). Pub. L. 118–22 substituted “$16,635,616 for the period beginning on
Pub. L. 118–15 struck out “and” before “$126,500,000” and inserted “and $16,635,616 for the period beginning on
2020—Subsec. (g)(1). Pub. L. 116–260 inserted “and” after “2017,” and substituted “2023” for “fiscal year 2020, and $27,379,452 for the period beginning on
Pub. L. 116–215 substituted “$27,379,452” for “$24,953,425” and “
Pub. L. 116–159 substituted “$24,953,425” for “$21,141,096” and “
Pub. L. 116–136 substituted “through fiscal year 2020, and $21,141,096 for the period beginning on
2019—Subsec. (g)(1). Pub. L. 116–94 substituted “$81,445,205” for “$28,072,603” and “
Pub. L. 116–69 substituted “$28,072,603” for “$18,021,918” and “
Pub. L. 116–59 struck out “and” before “$126,500,000” and inserted “and $18,021,918 for the period beginning on
2018—Subsec. (a). Pub. L. 115–123, § 50901(d)(1), amended subsec. (a) generally. Prior to amendment, text read as follows: “Subject to subsection (h)(2), the Secretary shall make payments under this section for direct expenses and for indirect expenses to qualified teaching health centers that are listed as sponsoring institutions by the relevant accrediting body for expansion of existing or establishment of new approved graduate medical residency training programs.”
Subsec. (f). Pub. L. 115–123, § 50901(d)(6), substituted “teaching health center” for “hospital” wherever appearing.
Subsec. (g)(1). Pub. L. 115–123, § 50901(d)(2), substituted “and $126,500,000 for each of fiscal years 2018 and 2019,” for “and $30,000,000 for the period of the first and second quarters of fiscal year 2018,”.
Subsec. (h)(1)(D) to (H). Pub. L. 115–123, § 50901(d)(3), added subpars. (D) to (G) and redesignated former subpar. (D) as (H).
Subsec. (j)(2) to (4). Pub. L. 115–123, § 50901(d)(5), added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively.
2017—Subsec. (g). Pub. L. 115–96 designated existing provisions as par. (1), inserted heading, substituted “and $30,000,000 for the period of the first and second quarters of fiscal year 2018, to remain available until expended” for “and $15,000,000 for the first quarter of fiscal year 2018”, and added par. (2).
Pub. L. 115–63 substituted “2015, $60,000,000” for “2015 and $60,000,000” and inserted “, and $15,000,000 for the first quarter of fiscal year 2018” before period at end.
2015—Subsec. (g). Pub. L. 114–10 inserted “and $60,000,000 for each of fiscal years 2016 and 2017” before period at end.
Pub. L. 117–2, title II, § 2604,
Pub. L. 115–123, div. E, title IX, § 50901(d)(7),