§950aaa–5. Special health care and distance learning program for qualified service areas

(a) Development of consortia

The Secretary shall encourage the development of consortia to provide health care services or educational services through telecommunications in rural areas of a qualified local exchange carrier service area. Each consortium shall be composed of-

(1) a tertiary care facility, rural referral center, medical teaching institution, or educational institution accredited by the State;

(2) any number of institutions that provide health care services or educational services; and

(3) not less that ¹ three rural hospitals, clinics, community health centers, migrant health centers, local health departments, or similar facilities, or not less than three educational institutions accredited by the State.

(b) Special program for qualified local exchange carrier service areas

(1) Regulations and special program

Through regulations issued not later than 190 days after October 28, 1992, the Secretary shall establish a program under which qualified consortia described in subsection (a) of this section located within qualified local exchange carrier service areas may apply to the Secretary for grants to support the costs of activities involved in the sending and receiving of information that will improve the delivery of health care services or educational services through telecommunications in rural areas.

(2) Selection of grantees

The Secretary shall-

(A) establish application procedures;

(B) review the applications submitted under this subsection in a timely manner; and

(C) make grants in accordance with this subsection and with regulations issued by the Secretary.

(3) Priorities

(A) In general

Priority for grants under this subsection shall be accorded applicants whose applications and plans demonstrate-

(i) the greatest likelihood of successfully and efficiently carrying out the activities described in the application and the plan of the applicant;

(ii) the greatest likelihood of improving health care services or educational services in the rural areas;

(iii) coordination between local exchange carriers to carry out activities as described in the application; and

(iv) unconditional financial support from each affected local community.

(B) Geographic diversity

In awarding grants, the Secretary shall seek to achieve geographic diversity among the grantees.

(4) Maximum amount of grant

The amount of each grant awarded under this subsection shall not exceed $1,500,000.

(5) Distribution of grants

Grants to a qualified consortium under this subsection shall be disbursed over a period of not more than 3 years.

(6) Use of funds

(A) ² In general

Grants under this subsection may be used to support the costs of activities involving the sending and receiving of information to improve health care services or educational services in rural areas, including-

(i) in the case of grants to improve health care services-

(I) consultations between health care providers;

(II) transmitting and analyzing x rays,³ lab slides, and other images;

(III) developing and evaluating automated claims processing, and transmitting automated patient records; and

(IV) developing innovative health professions education programs;

(ii) in the case of grants to improve educational services-

(I) developing innovative education programs and expanding curriculum offerings;

(II) providing continuing education to all members of the community;

(III) providing means for libraries of educational institutions or public libraries to share resources;

(IV) providing the public with access to State and national data bases;

(V) conducting town meetings; and

(VI) covering meetings of agencies of State government; and

(iii) in all cases-

(I) transmitting financial information; and

(II) such other related activities as the Secretary considers to be consistent with the purposes of this section.

(7) Limitation on acquisition of interactive telecommunications equipment

Not more than 40 percent of the amount of any grant made under this subsection may be used to acquire interactive telecommunications end user equipment.

(8) Limitation on use of consultants

Not more than 5 percent of the amount of any grant made under this subsection may be used to employ or contract with any consultant or similar person.

(9) Prohibitions

Grants made under this subsection may not be used, in whole or in part, to establish or operate a telecommunications network or to provide any telecommunications services for hire.

(c) Expedited telephone loans

Local exchange carriers located in a qualified local exchange carrier service area shall be eligible to apply for expedited loans under the Rural Electrification Act of 1936 (7 U.S.C. 901 et seq.). The Secretary shall respond to a completed application for such a loan no later than 45 days after receipt. The Secretary shall notify the applicant in writing of its decision regarding each such application.

(d) "Qualified local exchange carrier service area" defined

As used in this section, the term "qualified local exchange carrier service area" means the service area of a local telephone exchange carrier in which the local exchange carrier has a plan approved by the Secretary for upgrading and modernizing the rural telecommunications infrastructure of the service area. The plan shall-

(1) provide for eliminating party line service within the local exchange carrier service area and for other improvements and modernization in rural telephone service;

(2) provide for the enhancement of the availability of educational opportunities or the availability of improved medical care through telecommunications;

(3) encourage and improve the use of telecommunications, computer networks, and related advanced technologies to provide educational and medical benefits to people in rural areas; and

(4) provide for the achievement of the goals described in subparagraphs (A) through (C) ⁴ not later than 10 years after the approval of the plan.

(Pub. L. 101–624, title XXIII, §2335A, as added Pub. L. 102–551, §1(a), Oct. 28, 1992, 106 Stat. 4098 ; amended Pub. L. 103–354, title II, §235(b)(4)(C), Oct. 13, 1994, 108 Stat. 3222 .)

Termination of Section

For termination of section by section 1(b) of Pub. L. 102–551, see Termination of Chapter note set out under section 950aaa of this title.

References in Text

The Rural Electrification Act of 1936, referred to in subsec. (c), is act May 20, 1936, ch. 432, 49 Stat. 1363 , as amended, which is classified generally to chapter 31 (§901 et seq.) of this title. For complete classification of this Act to the Code, see section 901 of this title and Tables.

Amendments

1994-Pub. L. 103–354 substituted "Secretary" for "Administrator" wherever appearing.

Effective Date

Section not to apply to funds appropriated for fiscal year 1993 to carry out subtitle D of title XXIII of Pub. L. 101–624, which enacted this chapter, amended section 1932 of this title, and enacted provisions set out as a note under section 1932 of this title, or to require revision of any regulation proposed to carry out such subtitle during fiscal year 1993, see section 1(d) of Pub. L. 102–551, set out as an Effective and Termination Dates of 1992 Amendment note under section 950aaa–4 of this title.

Section Referred to in Other Sections

This section is referred to in section 950aaa–4 of this title.

¹ So in original. Probably should be "than".

² So in original. No subpar. (B) has been enacted.

³ So in original. Probably should be "x-rays".

⁴ So in original. Probably should be "paragraphs (1) through (3)".