42 U.S.C. § 300n

Additional required agreements

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(a) Priority for low-income women

The Secretary may not make a grant under section 300k of this title unless the State involved agrees that low-income women will be given priority in the provision of services and activities pursuant to paragraphs (1) and (2) of section 300k(a) of this title.

(b) Limitation on imposition of fees for servicesThe Secretary may not make a grant under section 300k of this title unless the State involved agrees that, if a charge is imposed for the provision of services or activities under the grant, such charge—(1) will be made according to a schedule of charges that is made available to the public;(2) will be adjusted to reflect the income of the woman involved; and(3) will not be imposed on any woman with an income of less than 100 percent of the official poverty line, as established by the Director of the Office of Management and Budget and revised by the Secretary in accordance with section 9902(2) of this title.(c) Statewide provision of services(1) In general

The Secretary may not make a grant under section 300k of this title unless the State involved agrees that services and activities under the grant will be made available throughout the State, including availability to members of any Indian tribe or tribal organization (as such terms are defined in section 5304 of title 25).

(2) Waiver

The Secretary may waive the requirement established in paragraph (1) for a State if the Secretary determines that compliance by the State with the requirement would result in an inefficient allocation of resources with respect to carrying out the purpose described in section 300k(a) of this title.

(3) Grants to tribes and tribal organizations(A) The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may make grants to tribes and tribal organizations (as such terms are used in paragraph (1)) for the purpose of carrying out programs described in section 300k(a) of this title. This subchapter applies to such a grant (in relation to the jurisdiction of the tribe or organization) to the same extent and in the same manner as such subchapter applies to a grant to a State under section 300k of this title (in relation to the jurisdiction of the State).(B) If a tribe or tribal organization is receiving a grant under subparagraph (A) and the State in which the tribe or organization is located is receiving a grant under section 300k of this title, the requirement established in paragraph (1) for the State regarding the tribe or organization is deemed to have been waived under paragraph (2).(d) Relationship to items and services under other programsThe Secretary may not make a grant under section 300k of this title unless the State involved agrees that the grant will not be expended to make payment for any item or service to the extent that payment has been made, or can reasonably be expected to be made, with respect to such item or service—(1) under any State compensation program, under an insurance policy, or under any Federal or State health benefits program; or(2) by an entity that provides health services on a prepaid basis.(e) Coordination with other breast and cervical cancer programs

The Secretary may not make a grant under section 300k of this title unless the State involved agrees that the services and activities funded through the grant shall be coordinated with other Federal, State, and local breast and cervical cancer programs.

(f) Limitation on administrative expenses

The Secretary may not make a grant under section 300k of this title unless the State involved agrees that not more than 10 percent of the grant will be expended for administrative expenses with respect to the grant.

(g) Restrictions on use of grant

The Secretary may not make a grant under section 300k of this title unless the State involved agrees that the grant will not be expended to provide inpatient hospital services for any individual.

(h) Records and auditsThe Secretary may not make a grant under section 300k of this title unless the State involved agrees that—(1) the State will establish such fiscal control and fund accounting procedures as may be necessary to ensure the proper disbursal of, and accounting for, amounts received by the State under such section; and(2) upon request, the State will provide records maintained pursuant to paragraph (1) to the Secretary or the Comptroller of the United States for purposes of auditing the expenditures by the State of the grant.(i) Reports to Secretary

The Secretary may not make a grant under section 300k of this title unless the State involved agrees to submit to the Secretary such reports as the Secretary may require with respect to the grant.

(July 1, 1944, ch. 373, title XV, § 1504, as added Pub. L. 101–354, § 2, Aug. 10, 1990, 104 Stat. 412; amended Pub. L. 103–183, title I, § 101(d), Dec. 14, 1993, 107 Stat. 2228.)Editorial NotesPrior Provisions

A prior section 300n, act July 1, 1944, ch. 373, title XV, § 1531, as added Jan. 4, 1975, Pub. L. 93–641, § 3, 88 Stat. 2250; amended Mar. 19, 1976, Pub. L. 94–237, § 14(c), 90 Stat. 249; Oct. 12, 1976, Pub. L. 94–484, title IX, § 902(b), 90 Stat. 2324; Oct. 4, 1979, Pub. L. 96–79, title I, §§ 104(c)(2), 108(d)(2), 117(b)(3), 126(a)(1), (b), 93 Stat. 596, 602, 619, 628; Dec. 17, 1980, Pub. L. 96–538, title III, §§ 308, 309, 94 Stat. 3192; Aug. 13, 1981, Pub. L. 97–35, title IX, § 936(a), 95 Stat. 572, defined terms applicable to this subchapter, prior to repeal by Pub. L. 99–660, title VII, § 701(a), Nov. 14, 1986, 100 Stat. 3799, effective Jan. 1, 1987.

Amendments

1993—Subsec. (c)(3). Pub. L. 103–183 added par. (3).

Notes of Decisions

Cited in 8 cases, 1979–1987 · leading case: Tulsa Area Hosp. Council, Inc. v. Oral Roberts Univ., 626 P.2d 316 (Okla. 1981).

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Tulsa Area Hosp. Council, Inc. v. Oral Roberts Univ., 626 P.2d 316 (Okla. 1981). · cites it 2× “[See 42 U.S.C. § 300n-(4)]. Oklahoma statutory accommodations include 10 O.”

Roman Catholic Diocese v. New York State Dep't of Health, 109 A.D.2d 140 (N.Y. App. Div. 1985). · cites it 2× “We are unpersuaded by Planned Parenthood’s contention that NHPRDA does not apply to its application because the expansion of services does not entail costs meeting the statutory minimum dollar amounts for new “institutional health services” or “capital expenditure^]” (42 USC §…”

In the Matter of William W. Wagner, Debtor-Appellant, 808 F.2d 542 (7th Cir. 1986). “§ 209(1); 42 U.S.C. § 300n(3)(C). Affirmed.”

Dist. of Columbia Hosp. Ass'n v. Barry, 498 A.2d 216 (D.C. 1985). · cites it 2× “1984), the District's CON law requires health care facilities to seek CON approval for proposed new institutional health services with operating costs of $250,000 or more and for proposed capital expenditures of $600,000 or more.”

S. Indiana Health Sys. Agency, Inc. v. State Bd. of Health, 391 N.E.2d 845 (Ind. Ct. App. 1979). “42 U.S.C. § 300n(5) (1976); 42 C.F.R. § 122 .”

Commonwealth of Puerto Rico v. Schweiker, 550 F. Supp. 472 (D.D.C. 1982). “” Public Health Service Act § 1531(1), 42 U.S.C. § 300n(l). Moreover, section 1536 by its own terms provides that Puerto Rico and other enumerated possessions and territories, upon application and approval, “shall .”

Mercy Hosp. v. Commonwealth, Dep't of Health, 450 A.2d 761 (Pa. Commw. Ct. 1982). “” As noted in the text, we have no evidence of publication of any such notice affecting this case, at least before the March 13, 1982 notice in 12 Pa.”

Oregon Eye Assocs. v. State Health Plan. & Dev. Agency, 732 P.2d 41 (Or. Ct. App. 1987). “42 USC § 300n (5); 42 CFR § 123.401 . Most of the surgery to be performed in the ASC will be cataract surgery, and most of the patients will be covered by Medicare.”

— 42 U.S.C. § 300n(1) — 1 case

Dist. of Columbia Hosp. Ass'n v. Barry, 498 A.2d 216 (D.C. 1985). “1984), the District's CON law requires health care facilities to seek CON approval for proposed new institutional health services with operating costs of $250,000 or more and for proposed capital expenditures of $600,000 or more.”

— 42 U.S.C. § 300n(3)(C) — 1 case

In the Matter of William W. Wagner, Debtor-Appellant, 808 F.2d 542 (7th Cir. 1986). “§ 209(1); 42 U.S.C. § 300n(3)(C). Affirmed.”

— 42 U.S.C. § 300n(5) — 1 case

S. Indiana Health Sys. Agency, Inc. v. State Bd. of Health, 391 N.E.2d 845 (Ind. Ct. App. 1979). “42 U.S.C. § 300n(5) (1976); 42 C.F.R. § 122 .”

— 42 U.S.C. § 300n(5)(B) — 1 case

— 42 U.S.C. § 300n(l) — 2 cases

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