42 U.S.C. § 300q

Loan and loan guarantee authority

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(a) Covered projects: duration; payment of principal and interest on loans for covered projects: duration; payments for reduction of interest rate(1) The Secretary, during the period ending September 30, 1982, may, in accordance with this part, make loans from the fund established under section 300q–2(d) of this title to any public or nonprofit private entity for projects for—(A) the discontinuance of unneeded hospital services or facilities,11 So in original. The comma probably should be a semicolon.(B) the conversion of unneeded hospital services and facilities to needed health services and medical facilities, including outpatient medical facilities and facilities for long-term care;(C) the renovation and modernization of medical facilities, particularly projects for the prevention or elimination of safety hazards, projects to avoid noncompliance with licensure or accreditation standards, or projects to replace obsolete facilities;(D) the construction of new outpatient medical facilities; and(E) the construction of new inpatient medical facilities in areas which have experienced (as determined by the Secretary) recent rapid population growth.(2)(A) The Secretary, during the period ending September 30, 1982, may, in accordance with this part, guarantee to—(i) non-Federal lenders for their loans to public and nonprofit private entities for medical facilities projects described in paragraph (1), and(ii) the Federal Financing Bank for its loans to public and nonprofit private entities for such projects,payment of principal and interest on such loans.(B) In the case of a guarantee of any loan to a public or nonprofit private entity under subparagraph (A)(i) which is located in an urban or rural poverty area, the Secretary may pay, to the holder of such loan and for and on behalf of the project for which the loan was made, amounts sufficient to reduce by not more than one half the net effective interest rate otherwise payable on such loan if the Secretary finds that without such assistance the project could not be undertaken.(b) Amount of loans for medical facilities projects and such projects in urban or rural poverty areas

The principal amount of a loan directly made or guaranteed under subsection (a) for a medical facilities project, when added to any other assistance provided such project under part B, may not exceed 90 per centum of the cost of such project unless the project is located in an area determined by the Secretary to be an urban or rural poverty area, in which case the principal amount, when added to other assistance under part B, may cover up to 100 per centum of such costs.

The cumulative total of the principal of the loans outstanding at any time with respect to which guarantees have been issued, or which have been directly made, may not exceed such limitations as may be specified in appropriation Acts.

(d) Administrative assistance of Department of Housing and Urban Development

The Secretary, with the consent of the Secretary of Housing and Urban Development, shall obtain from the Department of Housing and Urban Development such assistance with respect to the administration of this part as will promote efficiency and economy thereof.

(July 1, 1944, ch. 373, title XVI, § 1601, formerly § 1620, as added Pub. L. 93–641, § 4, Jan. 4, 1975, 88 Stat. 2264; amended Pub. L. 94–273, § 2(21), Apr. 21, 1976, 90 Stat. 376; Pub. L. 95–83, title I, § 106(x)(1), Aug. 1, 1977, 91 Stat. 385; renumbered § 1601 and amended Pub. L. 96–79, title II, §§ 201(b)(1), 203(a)(1), (2), Oct. 4, 1979, 93 Stat. 630, 635.)Editorial NotesPrior Provisions

A prior section 1601 of act July 1, 1944, ch. 373, title XVI, as added Jan. 4, 1975, Pub. L. 93–641, § 4, 88 Stat. 2258, was classified to section 300o of this title, prior to repeal by Pub. L. 96–79, § 202(a).

Amendments

1979—Subsec. (a). Pub. L. 96–79, §§ 201(b)(1), 203(a)(2), added par. (1); substituted reference to section 1602(d) for 1622(d), set out in text as “section 300q–2(d) of this title”; incorporated in par. (2) former subsec. (b) provisions made applicable for period ending Sept. 30, 1982, previously covering period beginning July 1, 1974, and ending Sept. 30, 1978, extended provisions to public entities, struck out existing condition that applications for assistance under subchapter be approved under former section 300o–3 of this title, substituted in subpar. (2)(B) provision for payment of amounts sufficient to reduce by not more than one half net effective interest otherwise payable on the loan for prior provision for amounts sufficient to reduce by 3 per centum per annum net effective interest rate on the loan, and struck out provision granting contractual right of holder of a guaranteed loan to receive from the United States such interest payments.

Subsec. (b). Pub. L. 96–79, § 201(b)(1), added subsec. (b) and incorporated existing provisions of subsec. (b) relating to loan guarantee authority for payment of principal and interest on loans for approved projects, their duration, and payments for reduction of interest rate in subsec. (a)(2) of this section.

1977—Subsecs. (a), (b)(1). Pub. L. 95–83 substituted “September 30, 1978” for “September 30, 1977”.

1976—Subsecs. (a), (b)(1). Pub. L. 94–273 substituted “September” for “June”.

Statutory Notes and Related SubsidiariesEffective Date of 1979 Amendment

Pub. L. 96–79, title II, § 204, Oct. 4, 1979, 93 Stat. 636, provided that: “The amendments made by this title [enacting sections 300s, 300s–1, and 300s–6, amending this section and sections 201, 300q–2, 300r, 300s–1a, 300s–3, and 300s–5, and repealing sections 300o to 300o–3, 300p to 300p–3, 300q–1, and 300s of this title] shall take effect October 1, 1979, except that the amendments made by section 201(b) [amending this section and section 300q–2 of this title] respecting the payment of an interest subsidy for a loan or loan guarantee made under part A of title XVI of the Public Health Service Act [42 U.S.C. 300q et seq.] shall apply only with respect to loans and loan guarantees made after October 1, 1979, and with respect to loans and loan guarantees made under such part before such date the Secretary shall continue to pay the interest subsidy authorized for such loans and loan guarantees before such date.”

Notes of Decisions

Cited in 8 cases, 1981–2005 · leading case: Wyoming Hosp. Ass'n v. Harris, 527 F. Supp. 551 (D. Wyo. 1981).

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Wyoming Hosp. Ass'n v. Harris, 527 F. Supp. 551 (D. Wyo. 1981). · cites it 2× “To the extent any ambiguity exists as to how the assurances were to be enforced, Congress provided the clarification with the passage of Title XVI of the Public Health Service Act, 42 U.S.C. § 300q et seq. (Supp. III 1980) (formerly 42 U.”

Am. Hosp. Ass'n v. Richard S. Schweiker, & Illinois Migrant Council, Intervening, 721 F.2d 170 (7th Cir. 1983). “This later program, Title XVI of the Public Health Service Act, now codified at 42 U.S.C. § 300q et seq., provides for assurances similar to those in Title VI but adds teeth to the Title VI requirements as well.”

Flagstaff Med. Ctr., Inc. v. Sullivan, 773 F. Supp. 1325 (D. Ariz. 1991). · cites it 2× “42 U.S.C. § 300q et seq. This later Act, which added Title XVI to the Public Health Service Act, provides for assurances similar to those in Title VI but adds teeth to the Hill-Burton Act’s requirements as well.”

White v. Moses Taylor Hosp., 763 F. Supp. 776 (M.D. Penn. 1991). “Moreover, in 1975, Congress passed Title XVI of the Public Service Act, 42 U.S.C. § 300q et seq., which mandates, rather than permits, regulations enforcing the “assurances”.”

Am. Hosp. Ass'n v. Schweiker, 529 F. Supp. 1283 (N.D. Ill. 1982). “and 42 U.S.C. § 300q et seq. (1976 and 1980 Supp.”

McCoy v. East Texas Med. Ctr. Reg'l Healthcare Sys., 388 F. Supp. 2d 760 (E.D. Tex. 2005). · cites it 2× “Finally, the successor to the Hill-Burton Act, Title XVI of the Public Health Service Act, 42 U.S.C. § 300q et seq., provides a private cause of action to enforce the Act.”

Armstrong v. Fairmont Cmty. Hosp. Ass'n, 659 F. Supp. 1524 (D. Minnesota 1987). “93-641, was enacted to authorize a new Hill-Burton program, Title XVI, of the Public Health Service Act, 42 U.S.C. § 300q et seq. Congress was extremely critical of facility noncompliance and the lack of proper regulatory enforcement under the old Hill-Burton program, calling…”

Dark v. Prince George's Cnty., 430 A.2d 629 (Md. Ct. Spec. App. 1981). “Known officially as the National Health Planning and Resources Act of 1974, the law, among other things, enacted a new title XVI to the Public Health Service Act (title 42 U.S.C. §§ 300q — 300t), and, though not repealing the original Hill-Burton Act (title VI), allowed it more…”

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