U.S. Code » Title 42 » Chapter CHAPTER 6A— PUBLIC HEALTH SERVICE › Subchapter SUBCHAPTER XIV— HEALTH RESOURCES DEVELOPMENT › Part Part C— General Provisions

42 U.S.C. § 300s

General regulations

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The Secretary shall by regulation—(1) prescribe the manner in which he shall determine the priority among projects for which assistance is available under part A or B, based on the relative need of different areas for such projects and giving special consideration—(A) to projects for medical facilities serving areas with relatively small financial resources and for medical facilities serving rural communities,(B) in the case of projects for modernization of medical facilities, to projects for facilities serving densely populated areas,(C) in the case of projects for construction of outpatient medical facilities, to projects that will be located in, and provide services for residents of, areas determined by the Secretary to be rural or urban poverty areas,(D) to projects designed to (i) eliminate or prevent imminent safety hazards as defined by Federal, State, or local fire, building, or life safety codes or regulations, or (ii) avoid noncompliance with State or voluntary licensure or accreditation standards, and(E) to projects for medical facilities which, alone or in conjunction with other facilities, will provide comprehensive health care, including outpatient and preventive care as well as hospitalization;(2) prescribe for medical facilities projects assisted under part A or B general standards of construction, modernization, and equipment, which standards may vary on the basis of the class of facilities and their location; and(3) prescribe the general manner in which each entity which receives financial assistance under part A or B or has received financial assistance under part A or B or subchapter IV shall be required to comply with the assurances required to be made at the time such assistance was received and the means by which such entity shall be required to demonstrate compliance with such assurances.An entity subject to the requirements prescribed pursuant to paragraph (3) respecting compliance with assurances made in connection with receipt of financial assistance shall submit periodically to the Secretary data and information which reasonably supports the entity’s compliance with such assurances. The Secretary may not waive the requirement of the preceding sentence.(July 1, 1944, ch. 373, title XVI, § 1620, as added Pub. L. 96–79, title II, § 202(b), Oct. 4, 1979, 93 Stat. 632.)Editorial NotesPrior Provisions

A prior section 300s, act July 1, 1944, ch. 373, title XVI, § 1630, as added Jan. 4, 1975, Pub. L. 93–641, § 4, 88 Stat. 2269, provided for judicial review by the United States Court of Appeals, prior to repeal by Pub. L. 96–79, § 202(b), eff. Oct. 1, 1979.

A prior section 1620 of act July 1, 1944, was renumbered section 1601 by Pub. L. 96–79, title II, § 203(a)(1), Oct. 4, 1979, 93 Stat. 635, and is classified to section 300q of this title.

Statutory Notes and Related SubsidiariesEffective Date

Section effective Oct. 1, 1979, see section 204 of Pub. L. 96–79, set out as an Effective Date of 1979 Amendment note under section 300q of this title.

Notes of Decisions
Cited in 14 cases, 1977–1992 · leading case: American Hospital Association v. Richard S. Schweiker, and Illinois Migrant Council, Intervening
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American Hospital Association v. Richard S. Schweiker, and Illinois Migrant Council, Intervening (1983) ca7 · cites it 2× “” 42 U.S.C. § 300s(3). The Secretary is also given extensive investigative and enforcement power by Title XVI.”
Uneeda Davis v. Ball Memorial Hospital Association Patricia Roberts Harris, in Her Capacity as Secretary of Health, Educ (1980) ca7 “, current 42 U.S.C. §§ 300s, 300s-6), but to avoid confusion we will use the older section references.”
Newsom v. Vanderbilt University (1981) ca6 · cites it 3× “See 42 U.S.C. § 300s— 6. This section does not describe what standard of review the District Court should utilize, unlike the section providing for judicial review of the agency’s decision to refuse an application for Hill-Burton funds (which provided that the finding of the…”
Wyoming Hospital Ass'n v. Harris (1981) wyd “Plaintiffs do not question the delegation of authority made in the original version of the Hill-Burton Act to the Surgeon General, with the approval of the Federal Hospital Council and the Secretary of Health, Education, and Welfare (now Health and Human Services), to promulgate…”
Newsom v. Vanderbilt University (1978) tnmd “§ 2000e-5(b) and (f)(1); by consulting the judicial interpretations of these older provisions; by contrasting section 300p-2(c) with another section of the National Health Planning and Resources Development Act of 1974, 42 U.S.C. § 300s; and, of course, by examining section…”
White v. Moses Taylor Hospital (1991) pamd “42 U.S.C. § 300s — 6; 42 C.F.R. § 124.512 (a).”
Flagstaff Medical Center, Inc. v. Sullivan (1991) azd “42 U.S.C. § 300s(3). In response to the congressional mandate, the Secretary of HHS (then, Health, Education and Welfare) in 1979 adopted regulations 5 that, among other things, set health care facilities’ uncompensated care obligations at specific levels, 6 established…”
Aldamuy v. Pirro (1977) nynd “See 42 U.S.C. § 300s. 11 . The board of directors has 67 members, 36 of whom are consumers.”
Flagstaff Medical Center, Inc. v. Sullivan (1992) ca9 · cites it 2× “and the means by which such entity shall be required to demonstrate compliance with such assurances.”
Gillis v. United States Department of Health & Human Services (1985) ca6 · cites it 2× “compliance,” 42 U.S.C. § 300s, 18 and such inaction constitutes a “final agency action” for purposes of 5 U.”
American Hospital Ass'n v. Schweiker (1982) ilnd “42 U.S.C. § 300s(3). Additionally, An application for a medical facilities project shall be submitted in such form and manner as the Secretary shall by regulation prescribe and shall, except as provided in paragraph (2), set forth .”
Davis v. Ball Memorial Hospital Ass'n (1985) ca7 “; 42 U.S.C. § 300s et seq., and failed to give assurances that it would provide a reasonable volume of services to persons unable to pay for medical services.”
Show all 14 citing cases →
— 42 U.S.C. § 300s(3) — 7 cases
American Hospital Association v. Richard S. Schweiker, and Illinois Migrant Council, Intervening (1983) ca7 “” 42 U.S.C. § 300s(3). The Secretary is also given extensive investigative and enforcement power by Title XVI.”
Wyoming Hospital Ass'n v. Harris (1981) wyd “Plaintiffs do not question the delegation of authority made in the original version of the Hill-Burton Act to the Surgeon General, with the approval of the Federal Hospital Council and the Secretary of Health, Education, and Welfare (now Health and Human Services), to promulgate…”
Newsom v. Vanderbilt University (1981) ca6 “See 42 U.S.C. § 300s— 6. This section does not describe what standard of review the District Court should utilize, unlike the section providing for judicial review of the agency’s decision to refuse an application for Hill-Burton funds (which provided that the finding of the…”
Flagstaff Medical Center, Inc. v. Sullivan (1991) azd “42 U.S.C. § 300s(3). In response to the congressional mandate, the Secretary of HHS (then, Health, Education and Welfare) in 1979 adopted regulations 5 that, among other things, set health care facilities’ uncompensated care obligations at specific levels, 6 established…”
American Hospital Ass'n v. Schweiker (1982) ilnd “42 U.S.C. § 300s(3). Additionally, An application for a medical facilities project shall be submitted in such form and manner as the Secretary shall by regulation prescribe and shall, except as provided in paragraph (2), set forth .”
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