42 U.S.C. § 291

Congressional declaration of purpose

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The purpose of this subchapter is—(a) to assist the several States in the carrying out of their programs for the construction and modernization of such public or other nonprofit community hospitals and other medical facilities as may be necessary, in conjunction with existing facilities, to furnish adequate hospital, clinic, or similar services to all their people;(b) to stimulate the development of new or improved types of physical facilities for medical, diagnostic, preventive, treatment, or rehabilitative services; and(c) to promote research, experiments, and demonstrations relating to the effective development and utilization of hospital, clinic, or similar services, facilities, and resources, and to promote the coordination of such research, experiments, and demonstrations and the useful application of their results.(July 1, 1944, ch. 373, title VI, § 600, as added Pub. L. 88–443, § 3(a), Aug. 18, 1964, 78 Stat. 447.)Editorial NotesPrior Provisions

A prior section 291, act July 1, 1944, ch. 373, title VI, § 601, as added Aug. 13, 1946, ch. 958, § 2, 60 Stat. 1041; amended Oct. 25, 1949, ch. 722, § 6, 63 Stat. 900; July 12, 1954, ch. 471, § 4(a), 68 Stat. 464, related to subject matter similar to this section, prior to the general amendment of this subchapter by Pub. L. 88–443.

Provisions similar to those comprising this section were contained in former section 291o, act July 1, 1944, ch. 373, title VI, § 641, as added July 12, 1954, ch. 471, § 2, 68 Stat. 461, prior to the general amendment of this subchapter by Pub. L. 88–443.

Statutory Notes and Related SubsidiariesEffective Date

Pub. L. 88–443, § 3(b), Aug. 18, 1964, 78 Stat. 461, as amended by Pub. L. 91–296, title I, § 120, June 30, 1970, 84 Stat. 343, provided that: “The amendment made by subsection (a) [enacting this section and sections 291a to 291j, 291k to 291m, 291n, and 291o of this title] shall become effective upon the date of enactment of this Act [Aug. 18, 1964], except that—“(1) all applications approved by the Surgeon General under title VI of the Public Health Service Act [42 U.S.C. 291 et seq.] prior to such date, and allotments of sums appropriated prior to such date, shall be governed by the provisions of such title VI in effect prior to such date;“(2) allotment percentages promulgated by the Surgeon General under such title VI during 1962 shall continue to be effective for purposes of such title as amended by this Act for the fiscal year ending June 30, 1965;“(3) the terms of members of the Federal Hospital Council who are serving on such Council prior to such date shall expire on the date they would have expired had this Act not been enacted;“(4) the provisions of the fourth sentence of section 636(a) of the Public Health Service Act [former 42 U.S.C. 291n(a)], as in effect prior to the enactment of this Act, shall apply in lieu of the fourth sentence of section 624(a) of the Public Health Service Act [former 42 U.S.C. 291n(a)], as amended by this Act, in the case of any project for construction of a facility or for acquisition of equipment with respect to which a grant for any part thereof or for planning such construction or equipment was made prior to the enactment of this Act;“(5) no application with respect to a project for modernization of any facility in any State may be approved by the Surgeon General, for purposes of receiving funds from an allotment under section 602(a)(2) of the Public Health Service Act, as amended by this Act [42 U.S.C. 291b(a)(2)], before July 1, 1965, or before such State has had a State plan approved by the Surgeon General as meeting the requirements of section 604(a)(4)(E) [42 U.S.C. 291d(a)(4)(E)] as well as the other requirements of section 604 of such Act as so amended [42 U.S.C. 291d];“(6) the provisions of clause (b) of section 609 of the Public Health Service Act [42 U.S.C. 291i], as amended by this Act, shall apply with respect to any project whether it was approved, and whether the event specified in such clause occurred, before, on, or after the date of enactment of this Act [June 30, 1970], except that it shall not apply in the case of any project with respect to which recovery under title VI of such Act [42 U.S.C. 291 et seq.] has been made prior to the enactment of this paragraph.”

Notes of Decisions

Cited in 229 cases, 1951–2017 · leading case: Mem'l Hosp. v. Maricopa Cnty., 415 U.S. 250 (1974).

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Mem'l Hosp. v. Maricopa Cnty., 415 U.S. 250 (1974). · cites it 4× “Maricopa County has received over $2 million in federal funds for hospital construction under the Hill-Burton Act, 42 U. S. C. § 291 et seq. Section 291c (e) authorizes the issuance of regulations governing the operation *272 of Hill-Burton facilities.”

Uneeda Davis v. Ball Mem'l Hosp. Ass'n Patricia Roberts Harris, in Her Capacity as Sec'y of Health, Educ. & Welfare, 640 F.2d 30 (7th Cir. 1980). · cites it 5× “Plaintiffs, three indigent persons formerly patients at Ball Memorial Hospital in Delaware County, Indiana, 1 originally brought this suit on behalf of themselves and all low income persons who have received or will receive care there charging violations of the defendant…”

Am. Hosp. Ass'n v. Richard S. Schweiker, & Illinois Migrant Council, Intervening, 721 F.2d 170 (7th Cir. 1983). · cites it 3× “This case involves a challenge to certain regulations issued on May 18, 1979, by the Secretary of Health, Education and Welfare (now Health and Human Services) (the “Secretary”) pursuant to Title VI (the “Hill-Burton Act”) and Title XVI of the Public Health Service Act, 42…”

Gordon v. Forsyth Cnty. Hosp. Auth., Inc., 409 F. Supp. 708 (M.D.N.C. 1976). · cites it 3× “, (Hospital Authority) and its officers requiring the defendants to provide the plaintiffs and others similarly situated with free hospital and medical care at Forsyth Memorial Hospital (Forsyth) and Reynolds Memorial Hospital (Reynolds), which are located in Winston-Salem,…”

Harper-Grace Hospitals, a Michigan Corp. v. Richard S. Schweiker, Sec'y of the Dep't of Health & Human Servs., 691 F.2d 808 (6th Cir. 1982). · cites it 4× “, for a percentage of the costs which it incurred pursuant to the Hill-Burton Act, 42 U.S.C. §§ 291 et seq. For the reasons stated herein, we affirm.”

Window Sys., Inc. v. Manchester Mem'l Hosp., 424 F. Supp. 331 (D. Conn. 1976). · cites it 5× “Therefore, while the Hill-Burton Act, 42 U.S.C. § 291 et seq., does not explicitly preclude judicial review under the APA, the absence, here, of direct Federal agency action in awarding the contract in dispute militates against finding the APA applicable.”

B. Doe, M.D., on Behalf of B. Doe & B. Doe's Patients v. St. Joseph's Hosp. of Fort Wayne, 788 F.2d 411 (7th Cir. 1986). “Appellant alleged that the defendant hospital receives federal funds under various federal programs, including the Hill-Burton Act, 42 U.S.C. § 291 et seq., which provides moneys for the construction of medical facilities.”

Presbyterian Hosp. of Dallas v. Patricia R. Harris, Sec'y of Health & Human Servs., 638 F.2d 1381 (5th Cir. 1981). · cites it 2× “The second issue on appeal involves the Secretary’s refusal to allow reimbursement for the expenses the Hospital incurred in fulfilling its free care obligation under the Hill-Burton Act, 42 U.S.C. § 291 et seq. (1976). The Hill-Burton Act provides an interest subsidy to…”

Mem'l Hosp., Cross-Appellees v. Margaret M. Heckler, Sec'y, Dep't of Health & Human Servs., Cross-Appellant, 706 F.2d 1130 (11th Cir. 1983). · cites it 2× “” Although the accounting procedures suggested by the hospital might also be reasonable, the method used by the Secretary is consistent with the Medicare Act and regulations, cannot be regarded as arbitrary, capricious or an abuse of discretion, and therefore must be upheld. II.…”

White v. Moses Taylor Hosp., 763 F. Supp. 776 (M.D. Penn. 1991). · cites it 4× “The Hill-Burton Act, 42 U.S.C. § 291 et seq., (hereinafter Hill-Burton or the Act), requires medical facilities that are recipients of its funds to assure a reasonable amount of uncompensated services, determined by a formula based on a percentage of operating costs or of…”

Nat'l Ass'n of Neighborhood Health Centers, Inc. v. David Mathews, as U. S. Sec'y of Health, Educ. & Welfare, 551 F.2d 321 (D.C. Cir. 1976). · cites it 2× “Title VI of the Public Health Service Act, 42 U.S.C. § 291 et seq., (commonly referred to as the Hill-Burton Act).”

United States v. Karl R. Huber, 603 F.2d 387 (2d Cir. 1979). “The federal government would reimburse the hospitals through the United States Public Health Service under the Hill-Burton Act, 42 U.S.C. § 291 et seq. State reimbursement would be by the New York Department of Health under N.”

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— 42 U.S.C. § 291(a) — 1 case

Cook v. Ochsner Found. Hosp., 319 F. Supp. 603 (E.D. La. 1970).

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