42 U.S.C. § 300k

Establishment of program of grants to States

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(a) In generalThe Secretary, acting through the Director of the Centers for Disease Control and Prevention, may make grants to States on the basis of an established competitive review process for the purpose of carrying out programs—(1) to screen women for breast and cervical cancer as a preventive health measure;(2) to provide appropriate referrals for medical treatment of women screened pursuant to paragraph (1) and to ensure, to the extent practicable, the provision of appropriate follow-up services and support services such as case management;(3) to develop and disseminate public information and education programs for the detection and control of breast and cervical cancer;(4) to improve the education, training, and skills of health professionals (including allied health professionals) in the detection and control of breast and cervical cancer;(5) to establish mechanisms through which the States can monitor the quality of screening procedures for breast and cervical cancer, including the interpretation of such procedures; and(6) to evaluate activities conducted under paragraphs (1) through (5) through appropriate surveillance or program-monitoring activities.(b) Grant and contract authority of States(1) In general

A State receiving a grant under subsection (a) may, subject to paragraphs (2) and (3), expend the grant to carry out the purpose described in such subsection through grants to public and nonprofit private entities and through contracts with public and private entities.

(2) Certain applications

If a nonprofit private entity and a private entity that is not a nonprofit entity both submit applications to a State to receive an award of a grant or contract pursuant to paragraph (1), the State may give priority to the application submitted by the nonprofit private entity in any case in which the State determines that the quality of such application is equivalent to the quality of the application submitted by the other private entity.

(3) Payments for screenings

The amount paid by a State to an entity under this subsection for a screening procedure under subsection (a)(1) may not exceed the amount that would be paid under part B of title XVIII of the Social Security Act [42 U.S.C. 1395j et seq.] if payment were made under such part for furnishing the procedure to a woman enrolled under such part.

(c) Special consideration for certain StatesIn making grants under subsection (a) to States whose initial grants under such subsection are made for fiscal year 1995 or any subsequent fiscal year, the Secretary shall give special consideration to any State whose proposal for carrying out programs under such subsection—(1) has been approved through a process of peer review; and(2) is made with respect to geographic areas in which there is—(A) a substantial rate of mortality from breast or cervical cancer; or(B) a substantial incidence of either of such cancers.(d) Coordinating committee regarding year 2020 health objectives

The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall establish a committee to coordinate the activities of the agencies of the Public Health Service (and other appropriate Federal agencies) that are carried out toward achieving the objectives established by the Secretary for reductions in the rate of mortality from breast and cervical cancer in the United States by the year 2020. Such committee shall be comprised of Federal officers or employees designated by the heads of the agencies involved to serve on the committee as representatives of the agencies, and such representatives from other public or private entities as the Secretary determines to be appropriate.

(July 1, 1944, ch. 373, title XV, § 1501, as added Pub. L. 101–354, § 2, Aug. 10, 1990, 104 Stat. 409; amended Pub. L. 103–43, title XX, § 2008(c)(1), June 10, 1993, 107 Stat. 211; Pub. L. 103–183, title I, § 101(a), (b), (f), (g)(1), Dec. 14, 1993, 107 Stat. 2227–2229; Pub. L. 105–340, title II, § 203(a), (b), Oct. 31, 1998, 112 Stat. 3194; Pub. L. 105–392, title IV, § 401(b)(5), Nov. 13, 1998, 112 Stat. 3587; Pub. L. 110–18, § 2(1), Apr. 20, 2007, 121 Stat. 80.)Editorial NotesReferences in Text

The Social Security Act, referred to in subsec. (b)(3), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Part B of title XVIII of the Act is classified generally to part B (§ 1395j et seq.) of subchapter XVIII of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables.

Prior Provisions

A prior section 300k, Pub. L. 93–641, § 2, Jan. 4, 1975, 88 Stat. 2226, set forth Congressional findings relating to national health planning and development, prior to omission in connection with repeal of former section 300k–1 et seq. of this title.

A prior section 1501 of act July 1, 1944, ch. 373, title XV, as added Jan. 4, 1975, Pub. L. 93–641, § 3, 88 Stat. 2227; amended Oct. 4, 1979, Pub. L. 96–79, title I, § 101(a)(1)(A), (2), (3), 93 Stat. 593; Dec. 17, 1980, Pub. L. 96–538, title III, § 301, 94 Stat. 3190, which related to guidelines for national health policy, was classified to section 300k–1 of this title, prior to repeal by Pub. L. 99–660, title VII, § 701(a), Nov. 14, 1986, 100 Stat. 3799, effective Jan. 1, 1987.

Prior sections 300k–2 and 300k–3 were repealed by Pub. L. 99–660, title VII, § 701(a), Nov. 14, 1986, 100 Stat. 3799, effective Jan. 1, 1987.

Section 300k–2, act July 1, 1944, ch. 373, title XV, § 1502, as added Jan. 4, 1975, Pub. L. 93–641, § 3, 88 Stat. 2227; amended Nov. 9, 1978, Pub. L. 95–619, title III, § 303(a), 92 Stat. 3248; Oct. 4, 1979, Pub. L. 96–79, title I, §§ 102(a), 103(a), (b), 93 Stat. 594, 595, related to national health priorities and strengthening competition in supply of services.

Section 300k–3, act July 1, 1944, ch. 373, title XV, § 1503, as added Jan. 4, 1975, Pub. L. 93–641, § 3, 88 Stat. 2228; amended Aug. 1, 1977, Pub. L. 95–83, title I, § 106(a), 91 Stat. 384; July 10, 1979, Pub. L. 96–32, § 7(g), 93 Stat. 84; Oct. 4, 1979, Pub. L. 96–79, title I, § 102(b), 93 Stat. 594; Oct. 17, 1979, Pub. L. 96–88, title V, § 509(b), 93 Stat. 695, related to National Council on Health Planning and Development.

Amendments

2007—Subsec. (d). Pub. L. 110–18 substituted “2020” for “2000” in heading and “by the year 2020” for “by the year 2000” in text.

1998—Subsec. (a)(2). Pub. L. 105–340, § 203(a), inserted “and support services such as case management” before semicolon at end.

Subsec. (b)(1). Pub. L. 105–340, § 203(b)(1), substituted “through grants to public and nonprofit private entities and through contracts with public and private entities.” for “through grants to, and contracts with, public or nonprofit private entities.”

Subsec. (b)(2). Pub. L. 105–340, § 203(b)(2), added par. (2) and struck out heading and text of former par. (2). Text read as follows: “In addition to the authority established in paragraph (1) for a State with respect to grants and contracts, the State may provide for screenings under subsection (a)(1) of this section through entering into contracts with private entities that are not nonprofit entities.”

Subsecs. (c), (d). Pub. L. 105–392 redesignated subsec. (c), relating to coordinating committee regarding year 2000 health objectives, as (d).

1993—Subsec. (a). Pub. L. 103–183, § 101(g)(1), substituted “Control and Prevention” for “Control” in introductory provisions.

Subsec. (b). Pub. L. 103–183, § 101(a), substituted “paragraphs (2) and (3)” for “paragraph (2)” in par. (1), added pars. (2) and (3), and struck out heading and text of former par. (2). Text read as follows: “In addition to the authority established in paragraph (1) for a State with respect to grants and contracts, the State may provide for screenings under subsection (a)(1) of this section through entering into contracts with private entities. The amount paid by a State to a private entity under the preceding sentence for a screening procedure may not exceed the amount that would be paid under part B of title XVIII of the Social Security Act if payment were made under such part for furnishing the procedure to a woman enrolled under such part.”

Pub. L. 103–43, § 2008(c)(1), designated existing provisions as par. (1), inserted par. heading, substituted “may, subject to paragraph (2), expend” for “may expend”, and added par. (2).

Subsec. (c). Pub. L. 103–183, § 101(f), added subsec. (c) relating to coordinating committee regarding year 2000 health objectives.

Pub. L. 103–183, § 101(b), added subsec. (c) relating to special consideration for certain States.

Statutory Notes and Related SubsidiariesEffective Date of 1998 Amendment

Amendment by Pub. L. 105–392 deemed to have taken effect immediately after enactment of Pub. L. 103–183, see section 401(e) of Pub. L. 105–392, set out as a note under section 242m of this title.

Notes of Decisions

Cited in 80 cases, 1977–2011 · leading case: Speyer v. Barry, 588 A.2d 1147 (D.C. 1991).

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Speyer v. Barry, 588 A.2d 1147 (D.C. 1991). · cites it 2× “1977) (quoting 42 U.S.C. § 300k(a)(3)(B) (1982)), aff'd mem.”

Parker v. Holbrook, 647 S.W.2d 692 (Tex. App. 1982). · cites it 2× “The meetings are formal business meetings at which an agenda is followed, and those who speak are usually invited to do so because they have indicated an interest in the subject matter.”

Huron Valley Hosp., Inc. v. City of Pontiac, 650 F. Supp. 1325 (E.D. Mich. 1986). · cites it 3× “The Section 1122 program, along with the National Health Planning and Resources Development Act of 1974, 42 U.S.C. § 300k et seq., are major federal programs established to cut down unnecessary medical costs.”

Yakima Valley Mem'l Hosp. v. Washington State Dep't of Health, 654 F.3d 919 (9th Cir. 2011). “2415 ; 42 U.S.C. § 300k (1976); see also Walgreen Co.”

Bradbury Mem'l Nursing Home v. Tall Pines Manor Assocs., 485 A.2d 634 (Me. 1984). · cites it 2× “Although the federal government has the power to condition financial grants to the states on fulfillment of federally prescribed requirements, the National Health Planning and Resources Development Act of 1974, 42 U.S.C. §§ 300k et seq., under which the regulations in question…”

Nat'l Gerimedical Hosp. & Gerontology Ctr. v. Blue Cross of Kansas City, 452 U.S. 378 (1981). “The NHPRDA, 42 U. S. C. § 300k et seq., created federal, state, and local bodies that coordinate their activities in the area of health planning and policy.”

North Carolina Ex Rel. Morrow v. Califano, 445 F. Supp. 532 (E.D.N.C. 1978). · cites it 2× “This is a suit against the Secretary of Health, Education and Welfare challenging the constitutionality of the National Health Planning and Resources Development Act of 1974, 42 U.S.C. § 300k et seq. (hereinafter referred to as “the Act”).”

White & White, Inc. v. Am. Hosp. Supply Corp., 540 F. Supp. 951 (W.D. Mich. 1982). · cites it 2× “(T 11901-03) A second piece of complex federal legislation, The National Health Planning and Resources Development Act of 1974, 42 U.S.C. § 300k et seq. This Act requires regional planning in the development of health care facilities and encourages hospital shared services.”

Medstar Health v. Maryland Health Care Comm'n, 827 A.2d 83 (Md. 2003). “2225 (1975) (as amended), 42 U.S.C. §§ 300k, et seq. (1982) (repealed 1986).”

West Cnty. Care Ctr., Inc. v. Missouri Health Facilities Review Comm., 773 S.W.2d 474 (Mo. Ct. App. 1989). · cites it 2× “1987, grants the right of judicial review of the administrative decision on a certificate of need only to the applicant and health systems agency, each an affected person within the definition of § 197.”

Greater St. Louis Health Sys. Agcy. v. Teasdale, 506 F. Supp. 23 (E.D. Mo. 1980). · cites it 2× “CON represents Missouri's effort to implement the certificate-of-need program of the National Health Planning and Resources Development Act of 1974 ("the Act"), 42 U.S.C. § 300k et seq. [1] Plaintiffs challenge the validity of provisions of CON on a variety of grounds, both…”

Dep't of Pub. Health v. Rivergate Manor, 550 N.W.2d 515 (Mich. 1996). “B In response to the National Health, Planning and Resources Development Act, 42 U.S.C. § 300k et seq. (now repealed), the Legislature enacted 1978 P.”

Show all 80 citing cases →

— 42 U.S.C. § 300k(a) — 1 case

Texas Acorn v. Texas Area 5 Health Sys. Agency, Inc., 559 F.2d 1019 (5th Cir. 1977).

— 42 U.S.C. § 300k(a)(3) — 1 case

Georgia Hosp. Ass'n v. Dep't of Med. Assistance, 528 F. Supp. 1348 (N.D. Ga. 1982).

— 42 U.S.C. § 300k(a)(3)(B) — 2 cases

Speyer v. Barry, 588 A.2d 1147 (D.C. 1991). “1977) (quoting 42 U.S.C. § 300k(a)(3)(B) (1982)), aff'd mem.”

North Carolina Ex Rel. Morrow v. Califano, 445 F. Supp. 532 (E.D.N.C. 1978). “This is a suit against the Secretary of Health, Education and Welfare challenging the constitutionality of the National Health Planning and Resources Development Act of 1974, 42 U.S.C. § 300k et seq. (hereinafter referred to as “the Act”).”

— 42 U.S.C. § 300k(a)(4) — 1 case

Portland Adventist Med. Ctr. v. Heckler, 561 F. Supp. 1092 (D.D.C. 1983).

— 42 U.S.C. § 300k(a)(5) — 1 case

Huron Valley Hosp., Inc. v. City of Pontiac, 650 F. Supp. 1325 (E.D. Mich. 1986). “The Section 1122 program, along with the National Health Planning and Resources Development Act of 1974, 42 U.S.C. § 300k et seq., are major federal programs established to cut down unnecessary medical costs.”

— 42 U.S.C. § 300k(a)(l) — 2 cases

Huron Valley Hosp., Inc. v. City of Pontiac, 466 F. Supp. 1301 (E.D. Mich. 1979).

Wilmac Corp. v. Bowen, 811 F.2d 809 (3rd Cir. 1987).

— 42 U.S.C. § 300k(b) — 7 cases

Speyer v. Barry, 588 A.2d 1147 (D.C. 1991). “1977) (quoting 42 U.S.C. § 300k(a)(3)(B) (1982)), aff'd mem.”

Greater St. Louis Health Sys. Agcy. v. Teasdale, 506 F. Supp. 23 (E.D. Mo. 1980). “CON represents Missouri's effort to implement the certificate-of-need program of the National Health Planning and Resources Development Act of 1974 ("the Act"), 42 U.S.C. § 300k et seq. [1] Plaintiffs challenge the validity of provisions of CON on a variety of grounds, both…”

Lander Valley Reg'l Med. Ctr. v. Wyoming Certificate of Need Review Bd., 689 P.2d 108 (Wyo. 1984).

Nat'l Gerimedical Hosp. & Gerontology Ctr. v. Blue Cross of Kansas City, Blue Cross Ass'n, 628 F.2d 1050 (8th Cir. 1980).

Aldamuy v. Pirro, 436 F. Supp. 1005 (N.D.N.Y. 1977).

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