SUBCHAPTER V—HEALTH PROFESSIONS EDUCATION
Subchapter Referred to in Other Sections
This subchapter is referred to in
Part A—Student Loans
Part Referred to in Other Sections
This part is referred to in title 10 section 16302.
subpart i—insured health education assistance loans to graduate students
Subpart Referred to in Other Sections
This subpart is referred to in title 20 section 1078–3.
§292. Statement of purpose
The purpose of this subpart is to enable the Secretary to provide a Federal program of student loan insurance for students in (and certain former students of) eligible institutions (as defined in
(July 1, 1944, ch. 373, title VII, §701, as added Oct. 13, 1992,
Prior Provisions
A prior section 292, act July 1, 1944, ch. 373, title VII, §700, as added Oct. 12, 1976,
Another prior section 292, act July 1, 1944, ch. 373, title VII, §701, as added July 30, 1956, ch. 779, §2,
A prior section 701 of act July 1, 1944, was classified to
Effective Date
Section 103 of
Study on Effectiveness of Health Professions Programs
Section 309 of
"(a)
"(1) increasing the number of primary care providers (physicians, physician assistants, nurse midwives, nurse practitioners and general dentists), nurses and allied health personnel;
"(2) improving the geographic distribution of health professionals in medically underserved and rural areas; and
"(3) recruiting and retaining as students in health professions schools individuals who are members of a minority group.
"(b)
"(1) whether funding under title VII of the Public Health Service Act [this subchapter] has increased the number of primary care practitioners (family medicine, general internal medicine, general pediatrics, general dentistry, and physician assistants) in medically underserved communities (as defined in section 799 of such Act [
"(2) whether or not funding under such title VII has increased the number of allied health professionals in medically underserved or rural communities;
"(3) whether or not funding under title VIII of such Act [subchapter VI of this chapter] has increased the number of nurses in medically underserved or rural communities;
"(4) whether or not the various mechanisms under such titles VII and VIII (such as scholarships, fellowships, traineeships, loan repayment programs, project grants, and education centers) have been effective in producing health care professionals who work or practice in medically underserved and rural communities and the relative impact or effectiveness of each mechanism;
"(5) the duration of service in medically underserved communities (as defined in section 799 of such Act) of health professionals whose training was funded by such titles or who received financial incentives under such titles to practice in such communities;
"(6) the geographic distribution of former trainees under such titles who are practicing in medically underserved communities (as so defined);
"(7) with respect to the programs of such titles whose purpose is improving the health of individuals who are members of minority groups, whether such programs have had a significant impact on the number of such individuals entering the health professions; and
"(8) such other factors as may be relevant to the reauthorization of such title VII or VIII.
"(c)
§292a. Scope and duration of loan insurance program
(a) In general
The total principal amount of new loans made and installments paid pursuant to lines of credit (as defined in
(b) Certain limitations and priorities
(1) Limitations regarding lenders, States, or areas
The Secretary may, if necessary to assure an equitable distribution of the benefits of this subpart, assign, within the maximum amounts specified in subsection (a) of this section, Federal loan insurance quotas applicable to eligible lenders, or to States or areas, and may from time to time reassign unused portions of these quotas.
(2) Priority for certain lenders
In providing certificates of insurance under
(A) to make loans to students at interest rates below the rates prevailing, during the period involved, for loans covered by Federal loan insurance pursuant to this subpart; or
(B) to make such loans under terms that are otherwise favorable to the student relative to the terms under which eligible lenders are generally making such loans during such period.
(c) Authority of Student Loan Marketing Association
(1) In general
Subject to paragraph (2), the Student Loan Marketing Association, established under part B of title IV of the Higher Education Act of 1965 [
(2) Applicability of certain Federal regulations
With respect to Federal regulations for lenders, this subpart may not be construed to preclude the applicability of such regulations to the Student Loan Marketing Association or to any other entity in the business of purchasing student loans, including such regulations with respect to applications, contracts, and due diligence.
(July 1, 1944, ch. 373, title VII, §702, as added Oct. 13, 1992,
References in Text
The Higher Education Act of 1965, referred to in subsec. (c)(1), is
Prior Provisions
A prior section 292a, act July 1, 1944, ch. 373, title VII, §701, formerly §724, as added Sept. 24, 1963,
Another prior section 292a, act July 1, 1944, ch. 373, title VII, §702, as added July 30, 1956, ch. 779, §2,
A prior section 702 of act July 1, 1944, was classified to
Section Referred to in Other Sections
This section is referred to in
§292b. Limitations on individual insured loans and on loan insurance
(a) In general
The total of the loans made to a student in any academic year or its equivalent (as determined by the Secretary) which may be covered by Federal loan insurance under this subpart may not exceed $20,000 in the case of a student enrolled in a school of medicine, osteopathic medicine, dentistry, veterinary medicine, optometry, or podiatric medicine, and $12,500 in the case of a student enrolled in a school of pharmacy, public health, allied health, or chiropractic, or a graduate program in health administration or clinical psychology. The aggregate insured unpaid principal amount for all such insured loans made to any borrower shall not at any time exceed $80,000 in the case of a borrower who is or was a student enrolled in a school of medicine, osteopathic medicine, dentistry, veterinary medicine, optometry, or podiatric medicine, and $50,000 in the case of a borrower who is or was a student enrolled in a school of pharmacy, public health, allied health, or chiropractic, or a graduate program in health administration or clinical psychology. The annual insurable limit per student shall not be exceeded by a line of credit under which actual payments by the lender to the borrower will not be made in any year in excess of the annual limit.
(b) Extent of insurance liability
The insurance liability on any loan insured by the Secretary under this subpart shall be 100 percent of the unpaid balance of the principal amount of the loan plus interest. The full faith and credit of the United States is pledged to the payment of all amounts which may be required to be paid under the provisions of
(July 1, 1944, ch. 373, title VII, §703, as added Oct. 13, 1992,
Prior Provisions
A prior section 292b, act July 1, 1944, ch. 373, title VII, §702, formerly §725, as added Sept. 24, 1963,
Another prior section 292b, act July 1, 1944, ch. 373, title VII, §703, as added July 30, 1956, ch. 779, §2,
A prior section 703 of act July 1, 1994, was classified to
§292c. Sources of funds
Loans made by eligible lenders in accordance with this subpart shall be insurable by the Secretary whether made from funds fully owned by the lender or from funds held by the lender in a trust or similar capacity and available for such loans.
(July 1, 1944, ch. 373, title VII, §704, as added Oct. 13, 1992,
Prior Provisions
A prior section 292c, act July 1, 1944, ch. 373, title VII, §703, formerly §799, as added Nov. 2, 1970,
Another prior section 292c, act July 1, 1944, ch. 373, title VII, §704, as added July 30, 1956, 779, §2,
A prior section 704 of act July 1, 1944, was classified to
§292d. Eligibility of borrowers and terms of insured loans
(a) In general
A loan by an eligible lender shall be insurable by the Secretary under the provisions of this subpart only if—
(1) made to—
(A) a student who—
(i)(I) has been accepted for enrollment at an eligible institution, or (II) in the case of a student attending an eligible institution, is in good standing at that institution, as determined by the institution;
(ii) is or will be a full-time student at the eligible institution;
(iii) has agreed that all funds received under such loan shall be used solely for tuition, other reasonable educational expenses, including fees, books, and laboratory expenses, and reasonable living expenses, incurred by such students;
(iv) if required under
(v) in the case of a pharmacy student, has satisfactorily completed three years of training; or
(B) an individual who—
(i) has previously had a loan insured under this subpart when the individual was a full-time student at an eligible institution;
(ii) is in a period during which, pursuant to paragraph (2), the principal amount of such previous loan need not be paid;
(iii) has agreed that all funds received under the proposed loan shall be used solely for repayment of interest due on previous loans made under this subpart; and
(iv) if required under
(2) evidenced by a note or other written agreement which—
(A) is made without security and without endorsement, except that if the borrower is a minor and such note or other written agreement executed by him would not, under the applicable law, create a binding obligation, an endorsement may be required;
(B) provides for repayment of the principal amount of the loan in installments over a period of not less than 10 years (unless sooner repaid) nor more than 25 years beginning not earlier than 9 months nor later than 12 months after the date of—
(i) the date on which—
(I) the borrower ceases to be a participant in an accredited internship or residency program of not more than four years in duration;
(II) the borrower completes the fourth year of an accredited internship or residency program of more than four years in duration; or
(III) the borrower, if not a participant in a program described in subclause (I) or (II), ceases to carry, at an eligible institution, the normal full-time academic workload as determined by the institution; or
(ii) the date on which a borrower who is a graduate of an eligible institution ceases to be a participant in a fellowship training program not in excess of two years or a participant in a full-time educational activity not in excess of two years, which—
(I) is directly related to the health profession for which the borrower prepared at an eligible institution, as determined by the Secretary; and
(II) may be engaged in by the borrower during such a two-year period which begins within twelve months after the completion of the borrower's participation in a program described in subclause (I) or (II) of clause (i) or prior to the completion of the borrower's participation in such program,
except as provided in subparagraph (C), except that the period of the loan may not exceed 33 years from the date of execution of the note or written agreement evidencing it, and except that the note or other written instrument may contain such provisions relating to repayment in the event of default in the payment of interest or in the payment of the costs of insurance premiums, or other default by the borrower, as may be authorized by regulations of the Secretary in effect at the time the loan is made;
(C) provides that periodic installments of principal and interest need not be paid, but interest shall accrue, during any period (i) during which the borrower is pursuing a full-time course of study at an eligible institution (or at an institution defined by
(D) provides for interest on the unpaid principal balance of the loan at a yearly rate, not exceeding the applicable maximum rate prescribed and defined by the Secretary (within the limits set forth in subsection (b) of this section) on a national, regional, or other appropriate basis, which interest shall be compounded not more frequently than annually and payable in installments over the period of the loan except as provided in subparagraph (C), except that the note or other written agreement may provide that payment of any interest may be deferred until not later than the date upon which repayment of the first installment of principal falls due or the date repayment of principal is required to resume (whichever is applicable) and may further provide that, on such date, the amount of the interest which has so accrued may be added to the principal for the purposes of calculating a repayment schedule;
(E) offers, in accordance with criteria prescribed by regulation by the Secretary, a schedule for repayment of principal and interest under which payment of a portion of the principal and interest otherwise payable at the beginning of the repayment period (as defined in such regulations) is deferred until a later time in the period;
(F) entitles the borrower to accelerate without penalty repayment of the whole or any part of the loan;
(G) provides that the check for the proceeds of the loan shall be made payable jointly to the borrower and the eligible institution in which the borrower is enrolled; and
(H) contains such other terms and conditions consistent with the provisions of this subpart and with the regulations issued by the Secretary pursuant to this subpart, as may be agreed upon by the parties to such loan, including, if agreed upon, a provision requiring the borrower to pay to the lender, in addition to principal and interest, amounts equal to the insurance premiums payable by the lender to the Secretary with respect to such loan; and
(3) subject to the consent of the student and subject to applicable law, the eligible lender has obtained from the student appropriate demographic information regarding the student, including racial or ethnic background.
(b) Limitation on rate of interest
The rate of interest prescribed and defined by the Secretary for the purpose of subsection (a)(2)(D) of this section may not exceed the average of the bond equivalent rates of the 91-day Treasury bills auctioned for the previous quarter plus 3 percentage points, rounded to the next higher one-eighth of 1 percent.
(c) Minimum annual payment by borrower
The total of the payments by a borrower during any year or any repayment period with respect to the aggregate amount of all loans to that borrower which are insured under this subpart shall not be less than the annual interest on the outstanding principal, except as provided in subsection (a)(2)(C) of this section, unless the borrower, in the written agreement described in subsection (a)(2) of this section, agrees to make payments during any year or any repayment period in a lesser amount.
(d) Applicability of certain laws on rate or amount of interest
No provision of any law of the United States (other than subsections (a)(2)(D) and (b) of this section) or of any State that limits the rate or amount of interest payable on loans shall apply to a loan insured under this subpart.
(e) Determination regarding forbearance
Any period of time granted to a borrower under this subpart in the form of forbearance on the loan shall not be included in the 25-year total loan repayment period under subsection (a)(2)(C) of this section.
(f) Loan repayment schedule
Lenders and holders under this subpart shall offer borrowers graduated loan repayment schedules that, during the first 5 years of loan repayment, are based on the borrower's debt-to-income ratio.
(g) Rule of construction regarding determination of need of students
With respect to any determination of the financial need of a student for a loan covered by Federal loan insurance under this subpart, this subpart may not be construed to limit the authority of any school to make such allowances for students with special circumstances as the school determines appropriate.
(h) Definitions
For purposes of this section:
(1) The term "active duty" has the meaning given such term in
(2) The term "Persian Gulf conflict" means the period beginning on August 2, 1990, and ending on the date thereafter prescribed by Presidential proclamation or by law.
(July 1, 1944, ch. 373, title VII, §705, as added Oct. 13, 1992,
References in Text
The Peace Corps Act, referred to in subsec. (a)(2)(C), is
The Domestic Volunteer Service Act of 1973, referred to in subsec. (a)(2)(C), is
Prior Provisions
A prior section 292d, act July 1, 1944, ch. 373, title VII, §704, formerly §799A, as added Nov. 2, 1970,
Another prior section 292d, act July 1, 1944, ch. 373, title VII, §705, as added July 30, 1956, ch. 779, §2,
A prior section 705 of act July 1, 1944, was classified to
Amendments
1993—Subsec. (a)(2)(H), (I).
Section Referred to in Other Sections
This section is referred to in
§292e. Certificate of loan insurance; effective date of insurance
(a) In general
(1) Authority for issuance of certificate
If, upon application by an eligible lender, made upon such form, containing such information, and supported by such evidence as the Secretary may require, and otherwise in conformity with this section, the Secretary finds that the applicant has made a loan to an eligible borrower which is insurable under the provisions of this subpart, he may issue to the applicant a certificate of insurance covering the loan and setting forth the amount and terms of the insurance.
(2) Effective date of insurance
Insurance evidenced by a certificate of insurance pursuant to subsection (a)(1) of this section shall become effective upon the date of issuance of the certificate, except that the Secretary is authorized, in accordance with regulations, to issue commitments with respect to proposed loans, or with respect to lines (or proposed lines) of credit, submitted by eligible lenders, and in that event, upon compliance with subsection (a)(1) of this section by the lender, the certificate of insurance may be issued effective as of the date when any loan, or any payment by the lender pursuant to a line of credit, to be covered by such insurance is made to a student described in
(3) Certain agreements for lenders
An application submitted pursuant to subsection (a)(1) of this section shall contain—
(A) an agreement by the applicant to pay, in accordance with regulations, the premiums fixed by the Secretary pursuant to
(B) an agreement by the applicant that if the loan is covered by insurance the applicant will submit such supplementary reports and statements during the effective period of the loan agreement, upon such forms, at such times, and containing such information as the Secretary may prescribe by or pursuant to regulation.
(b) Authority regarding comprehensive insurance coverage
(1) In general
In lieu of requiring a separate insurance application and issuing a separate certificate of insurance for each loan made by an eligible lender as provided in subsection (a) of this section, the Secretary may, in accordance with regulations consistent with
(2) Lines of credit beyond cutoff date
If the holder of a certificate of comprehensive insurance coverage issued under this subsection grants to a borrower a line of credit extending beyond the cutoff date specified in that certificate, loans or payments thereon made by the holder after that date pursuant to the line of credit shall not be deemed to be included in the coverage of that certificate except as may be specifically provided therein; but, subject to the limitations of
(c) Assignment of insurance rights
The rights of an eligible lender arising under insurance evidenced by a certificate of insurance issued to it under this section may be assigned by such lender, subject to regulation by the Secretary, only to—
(1) another eligible lender (including a public entity in the business of purchasing student loans); or
(2) the Student Loan Marketing Association.
(d) Effect of consolidation of obligations
The consolidation of the obligations of two or more federally insured loans obtained by a borrower in any fiscal year into a single obligation evidenced by a single instrument of indebtedness shall not affect the insurance by the United States. If the loans thus consolidated are covered by separate certificates of insurance issued under subsection (a) of this section, the Secretary may upon surrender of the original certificates issue a new certificate of insurance in accordance with that subsection upon the consolidated obligation. If the loans thus consolidated are covered by a single comprehensive certificate issued under subsection (b) of this section, the Secretary may amend that certificate accordingly.
(e) Rule of construction regarding consolidation of debts
Nothing in this section shall be construed to preclude the lender and the borrower, by mutual agreement, from consolidating all of the borrower's debts into a single instrument under the terms applicable to an insured loan made at the same time as the consolidation. The lender or loan holder should provide full information to the borrower concerning the advantages and disadvantages of loan consolidation. Nothing in this section shall be construed to preclude the consolidation of the borrower's loans insured under this subpart under
(July 1, 1944, ch. 373, title VII, §706, as added Oct. 13, 1992,
Prior Provisions
A prior section 292e, act July 1, 1944, ch. 373, title VII, §705, as added Oct. 12, 1976,
Another prior section 292e, act July 1, 1944, ch. 373, title VII, §706, as added July 30, 1956, 779, §2,
A prior section 706 of act July 1, 1944, was classified to
Another prior section 706 of act July 1, 1944, was classified to
Section Referred to in Other Sections
This section is referred to in
§292f. Default of borrower
(a) Conditions for payment to beneficiary
Upon default by the borrower on any loan covered by Federal loan insurance pursuant to this subpart, and after a substantial collection effort (including, subject to subsection (h) of this section, commencement and prosecution of an action) as determined under regulations of the Secretary, the insurance beneficiary shall promptly notify the Secretary and the Secretary shall, if requested (at that time or after further collection efforts) by the beneficiary, or may on his own motion, if the insurance is still in effect, pay to the beneficiary the amount of the loss sustained by the insured upon that loan as soon as that amount has been determined. Not later than one year after October 13, 1992, the Secretary shall establish performance standards for lenders and holders of loans under this subpart, including fees to be imposed for failing to meet such standards.
(b) Subrogation
Upon payment by the Secretary of the amount of the loss pursuant to subsection (a) of this section, the United States shall be subrogated for all of the rights of the holder of the obligation upon the insured loan and shall be entitled to an assignment of the note or other evidence of the insured loan by the insurance beneficiary. If the net recovery made by the Secretary on a loan after deduction of the cost of that recovery (including reasonable administrative costs) exceeds the amount of the loss, the excess shall be paid over to the insured. The Secretary may sell without recourse to eligible lenders (or other entities that the Secretary determines are capable of dealing in such loans) notes or other evidence of loans received through assignment under the first sentence.
(c) Forbearance
Nothing in this section or in this subpart shall be construed to preclude any forbearance for the benefit of the borrower which may be agreed upon by the parties to the insured loan and approved by the Secretary or to preclude forbearance by the Secretary in the enforcement of the insured obligation after payment on that insurance.
(d) Reasonable care and diligence regarding loans
Nothing in this section or in this subpart shall be construed to excuse the eligible lender or holder of a federally insured loan from exercising reasonable care and diligence in the making of loans under the provisions of this subpart and from exercising a substantial effort in the collection of loans under the provisions of this subpart. If the Secretary, after reasonable notice and opportunity for hearing to an eligible lender, finds that the lender has failed to exercise such care and diligence, to exercise such substantial efforts, to make the reports and statements required under
(e) Definitions
For purposes of this section:
(1) The term "insurance beneficiary" means the insured or its authorized assignee in accordance with
(2) The term "amount of the loss" means, with respect to a loan, unpaid balance of the principal amount and interest on such loan, less the amount of any judgment collected pursuant to default proceedings commenced by the eligible lender or holder involved.
(3) The term "default" includes only such defaults as have existed for 120 days.
(f) Reductions in Federal reimbursements or payments for defaulting borrowers
The Secretary shall, after notice and opportunity for a hearing, cause to be reduced Federal reimbursements or payments for health services under any Federal law to borrowers who are practicing their professions and have defaulted on their loans insured under this subpart in amounts up to the remaining balance of such loans. Procedures for reduction of payments under the medicare program are provided under
(g) Conditions for discharge of debt in bankruptcy
A debt which is a loan insured under the authority of this subpart may be released by a discharge in bankruptcy under any chapter of title 11, only if such discharge is granted—
(1) after the expiration of the seven-year period beginning on the first date when repayment of such loan is required, exclusive of any period after such date in which the obligation to pay installments on the loan is suspended;
(2) upon a finding by the Bankruptcy Court that the nondischarge of such debt would be unconscionable; and
(3) upon the condition that the Secretary shall not have waived the Secretary's rights to apply subsection (f) of this section to the borrower and the discharged debt.
(h) Requirement regarding actions for default
(1) In general
With respect to the default by a borrower on any loan covered by Federal loan insurance under this subpart, the Secretary shall, under subsection (a) of this section, require an eligible lender or holder to commence and prosecute an action for such default unless—
(A) in the determination of the Secretary—
(i) the eligible lender or holder has made reasonable efforts to serve process on the borrower involved and has been unsuccessful with respect to such efforts, or
(ii) prosecution of such an action would be fruitless because of the financial or other circumstances of the borrower;
(B) for such loans made before November 4, 1988, the loan involved was made in an amount of less than $5,000; or
(C) for such loans made after November 4, 1988, the loan involved was made in an amount of less than $2,500.
(2) Relationship to claim for payment
With respect to an eligible lender or holder that has commenced an action pursuant to subsection (a) of this section, the Secretary shall make the payment required in such subsection, or deny the claim for such payment, not later than 60 days after the date on which the Secretary determines that the lender or holder has made reasonable efforts to secure a judgment and collect on the judgment entered into pursuant to this subsection.
(3) State court judgments
With respect to any State court judgment that is obtained by a lender or holder against a borrower for default on a loan insured under this subpart and that is subrogated to the United States under subsection (b) of this section, any United States attorney may register such judgment with the Federal courts for enforcement.
(i) Inapplicability of Federal and State statute of limitations on actions for loan collection
Notwithstanding any other provision of Federal or State law, there shall be no limitation on the period within which suit may be filed, a judgment may be enforced, or an offset, garnishment, or other action may be initiated or taken by the Secretary, the Attorney General, or other administrative head of another Federal agency, as the case may be, for the repayment of the amount due from a borrower on a loan made under this subpart that has been assigned to the Secretary under subsection (b) of this section.
(j) School collection assistance
An institution or postgraduate training program attended by a borrower may assist in the collection of any loan of that borrower made under this subpart which becomes delinquent, including providing information concerning the borrower to the Secretary and to past and present lenders and holders of the borrower's loans, contacting the borrower in order to encourage repayment, and withholding services in accordance with regulations issued by the Secretary under
(July 1, 1944, ch. 373, title VII, §707, as added Oct. 13, 1992,
Prior Provisions
A prior section 292f, act July 1, 1944, ch. 373, title VII, §706, as added Oct. 12, 1976,
Another prior section 292f, act July 1, 1944, ch. 373, title VII, §707, as added July 30, 1956, ch. 779, §2,
A prior section 707 of act July 1, 1944, was classified to
Amendments
1993—Subsec. (g)(1).
Subsec. (j).
Section Referred to in Other Sections
This section is referred to in
§292g. Risk-based premiums
(a) Authority
With respect to a loan made under this subpart on or after January 1, 1993, the Secretary, in accordance with subsection (b) of this section, shall assess a risk-based premium on an eligible borrower and, if required under this section, an eligible institution that is based on the default rate of the eligible institution involved (as defined in
(b) Assessment of premium
Except as provided in subsection (d)(2) of this section, the risk-based premium to be assessed under subsection (a) of this section shall be as follows:
(1) Low-risk rate
With respect to an eligible borrower seeking to obtain a loan for attendance at an eligible institution that has a default rate of not to exceed five percent, such borrower shall be assessed a risk-based premium in an amount equal to 6 percent of the principal amount of the loan.
(2) Medium-risk rate
(A) In general
With respect to an eligible borrower seeking to obtain a loan for attendance at an eligible institution that has a default rate of in excess of five percent but not to exceed 10 percent—
(i) such borrower shall be assessed a risk-based premium in an amount equal to 8 percent of the principal amount of the loan; and
(ii) such institution shall be assessed a risk-based premium in an amount equal to 5 percent of the principal amount of the loan.
(B) Default management plan
An institution of the type described in subparagraph (A) shall prepare and submit to the Secretary for approval, an annual default management plan, that shall specify the detailed short-term and long-term procedures that such institution will have in place to minimize defaults on loans to borrowers under this subpart. Under such plan the institution shall, among other measures, provide an exit interview to all borrowers that includes information concerning repayment schedules, loan deferments, forbearance, and the consequences of default.
(3) High-risk rate
(A) In general
With respect to an eligible borrower seeking to obtain a loan for attendance at an eligible institution that has a default rate of in excess of 10 percent but not to exceed 20 percent—
(i) such borrower shall be assessed a risk-based premium in an amount equal to 8 percent of the principal amount of the loan; and
(ii) such institution shall be assessed a risk-based premium in an amount equal to 10 percent of the principal amount of the loan.
(B) Default management plan
An institution of the type described in subparagraph (A) shall prepare and submit to the Secretary for approval a plan that meets the requirements of paragraph (2)(B).
(4) Ineligibility
An individual shall not be eligible to obtain a loan under this subpart for attendance at an institution that has a default rate in excess of 20 percent.
(c) Reduction of risk-based premium
Lenders shall reduce by 50 percent the risk-based premium to eligible borrowers if a credit worthy parent or other responsible party co-signs the loan note.
(d) Administrative waivers
(1) Hearing
The Secretary shall afford an institution not less than one hearing, and may consider mitigating circumstances, prior to making such institution ineligible for participation in the program under this subpart.
(2) Exceptions
In carrying out this section with respect to an institution, the Secretary may grant an institution a waiver of requirements of paragraphs (2) through (4) of subsection (b) of this section if the Secretary determines that the default rate for such institution is not an accurate indicator because the volume of the loans under this subpart made by such institution has been insufficient.
(3) Transition for certain institutions
During the 3-year period beginning on October 13, 1992—
(A) subsection (b)(4) of this section shall not apply with respect to any eligible institution that is a Historically Black College or University; and
(B) any such institution that has a default rate in excess of 20 percent, and any eligible borrower seeking a loan for attendance at the institution, shall be subject to subsection (b)(3) of this section to the same extent and in the same manner as eligible institutions and borrowers described in such subsection.
(e) Payoff to reduce risk category
An institution may pay off the outstanding principal and interest owed by the borrowers of such institution who have defaulted on loans made under this subpart in order to reduce the risk category of the institution.
(July 1, 1944, ch. 373, title VII, §708, as added Oct. 13, 1992,
Prior Provisions
A prior section 292g, act July 1, 1944, ch. 373, title VII, §707, as added Oct. 12, 1976,
Another prior section 292g, act July 1, 1944, ch. 373, title VII, §708, as added July 30, 1956, ch. 779, §2,
A prior section 708 of act July 1, 1944, was classified to
Effective Date
Section effective Jan. 1, 1993, and until such date, former
Section Referred to in Other Sections
This section is referred to in
§292h. Office for Health Education Assistance Loan Default Reduction
(a) Establishment
The Secretary shall establish, within the Division of Student Assistance of the Bureau of Health Professions, an office to be known as the Office for Health Education Assistance Loan Default Reduction (in this section referred to as the "Office").
(b) Purpose and functions
It shall be the purpose of the Office to achieve a reduction in the number and amounts of defaults on loans guaranteed under this subpart. In carrying out such purpose the Office shall—
(1) conduct analytical and evaluative studies concerning loans and loan defaults;
(2) carry out activities designed to reduce loan defaults;
(3) respond to special circumstances that may exist in the financial lending environment that may lead to loan defaults;
(4) coordinate with other Federal entities that are involved with student loan programs, including—
(A) with respect to the Department of Education, in the development of a single student loan application form, a single student loan deferment form, a single disability form, and a central student loan database; and
(B) with respect to the Department of Justice, in the recovery of payments from health professionals who have defaulted on loans guaranteed under this subpart;
(5) provide technical assistance to borrowers, lenders, holders, and institutions concerning deferments and collection activities; and
(6) prepare and submit a report not later than March 31, 1993, and annually, thereafter, to the Committee on Labor and Human Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives concerning—
(A) the default rates for each—
(i) institution described in
(ii) lender participating in the loan program under this subpart; and
(iii) loan holder under this subpart;
(B) the total amounts recovered pursuant to
(C) a plan for improving the extent of such recoveries during the current fiscal year.
(c) Additional duties
In conjunction with the report submitted under subsection (b) of this section, the Office shall—
(1) compile, and publish in the Federal Register, a list of the borrowers who are in default under this subpart; and
(2) send the report and notices of default with respect to these borrowers to relevant Federal agencies and to schools, school associations, professional and specialty associations, State licensing boards, hospitals with which such borrowers may be associated, and any other relevant organizations.
(d) Allocation of funds for Office
In the case of amounts reserved under
(July 1, 1944, ch. 373, title VII, §709, as added Oct. 13, 1992,
Prior Provisions
A prior section 292h, act July 1, 1944, ch. 373, title VII, §708, as added Oct. 12, 1976,
Another prior section 292h, act July 1, 1944, ch. 373, title VII, §709, as added July 30, 1956, ch. 779, §2,
A prior section 709 of act July 1, 1944, was classified to
Change of Name
Committee on Energy and Commerce of House of Representatives changed to Committee on Commerce of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Section Referred to in Other Sections
This section is referred to in
§292i. Insurance account
(a) In general
(1) Establishment
There is hereby established a student loan insurance account (in this section referred to as the "Account") which shall be available without fiscal year limitation to the Secretary for making payments in connection with the collection and default of loans insured under this subpart by the Secretary.
(2) Funding
(A) Except as provided in subparagraph (B), all amounts received by the Secretary as premium charges for insurance and as receipts, earnings, or proceeds derived from any claim or other assets acquired by the Secretary in connection with his operations under this subpart, and any other moneys, property, or assets derived by the Secretary from the operations of the Secretary in connection with this section, shall be deposited in the Account.
(B) With respect to amounts described in subparagraph (A) that are received by the Secretary for any of the fiscal years 1993 through 1996, the Secretary may, before depositing such amounts in the Account, reserve from the amounts each such fiscal year not more than $1,000,000 for obligation under
(3) Expenditures
All payments in connection with the default of loans insured by the Secretary under this subpart shall be paid from the Account.
(b) Contingent authority for issuance of notes or other obligations
If at any time the moneys in the Account are insufficient to make payments in connection with the collection or default of any loan insured by the Secretary under this subpart, the Secretary of the Treasury may lend the Account such amounts as may be necessary to make the payments involved, subject to the Federal Credit Reform Act of 1990 [
(July 1, 1944, ch. 373, title VII, §710, as added Oct. 13, 1992,
References in Text
The Federal Credit Reform Act of 1990, referred to in subsec. (b), is title V of
Prior Provisions
A prior section 292i, act July 1, 1944, ch. 373, title VII, §709, as added Oct. 12, 1976,
Another prior section 292i, act July 1, 1944, ch. 373, title VII, §710, as added July 30, 1956, ch. 779, §2,
A prior section 710 of act July 1, 1944, was classified to
Another prior section 710 of act July 1, 1944, was renumbered section 709 by
Section Referred to in Other Sections
This section is referred to in
§292j. Powers and responsibilities of Secretary
(a) In general
In the performance of, and with respect to, the functions, powers, and duties vested in the Secretary by this subpart, the Secretary is authorized as follows:
(1) To prescribe such regulations as may be necessary to carry out the purposes of this subpart.
(2) To sue and be sued in any district court of the United States. Such district courts shall have jurisdiction of civil actions arising under this subpart without regard to the amount in controversy, and any action instituted under this subsection by or against the Secretary shall survive notwithstanding any change in the person occupying the office of Secretary or any vacancy in that office. No attachment, injunction, garnishment, or other similar process, mesne or final, shall be issued against the Secretary or property under the control of the Secretary. Nothing herein shall be constructed to except litigation arising out of activities under this subpart from the application of
(3) To include in any contract for Federal loan insurance such terms, conditions, and covenants relating to repayment of principal and payments of interest, relating to his obligations and rights and to those of eligible lenders, and borrowers in case of default, and relating to such other matters as the Secretary determines to be necessary to assure that the purposes of this subpart will be achieved. Any term, condition, and covenant made pursuant to this paragraph or any other provisions of this subpart may be modified by the Secretary if the Secretary determines that modification is necessary to protect the financial interest of the United States.
(4) Subject to the specific limitations in the subpart, to consent to the modification of any note or other instrument evidencing a loan which has been insured by him under this subpart (including modifications with respect to the rate of interest, time of payment of any installment of principal and interest or any portion thereof, or any other provision).
(5) To enforce, pay, compromise, waive, or release any right, title, claim, lien, or demand, however acquired, including any equity or any right or 1 redemption.
(b) Annual budget; accounts
The Secretary shall, with respect to the financial operations arising by reason of this subpart—
(1) prepare annually and submit a budget program as provided for wholly owned Government corporations by
(2) maintain with respect to insurance under this subpart an integral set of accounts.
(July 1, 1944, ch. 373, title VII, §711, as added Oct. 13, 1992,
Codification
In subsec. (b)(1), "
Prior Provisions
A prior section 292j, act July 1, 1944, ch. 373, title VII, §709, formerly §710, as added Oct. 12, 1976,
Another prior section 292j, act July 1, 1944, ch. 373, title VII, §711, as added Sept. 24, 1963,
1 So in original. Probably should be "of".
§292k. Participation by Federal credit unions in Federal, State, and private student loan insurance programs
Notwithstanding any other provision of law, Federal credit unions shall, pursuant to regulations of the Administrator of the National Credit Union Administration, have power to make insured loans to eligible students in accordance with the provisions of this subpart relating to Federal insured loans.
(July 1, 1944, ch. 373, title VII, §712, as added Oct. 13, 1992,
Prior Provisions
A prior section 292k, act July 1, 1944, ch. 373, title VII, §710, formerly §711, as added Oct. 12, 1976,
Section Referred to in Other Sections
This section is referred to in
§292l. Determination of eligible students
For purposes of determining eligible students under this part, in the case of a public school in a State that offers an accelerated, integrated program of study combining undergraduate premedical education and medical education leading to advanced entry, by contractual agreement, into an accredited four-year school of medicine which provides the remaining training leading to a degree of doctor of medicine, whenever in this part a provision refers to a student at a school of medicine, such reference shall include only a student enrolled in any of the last four years of such accelerated, integrated program of study.
(July 1, 1944, ch. 373, title VII, §713, as added Oct. 13, 1992,
§292m. Repayment by Secretary of loans of deceased or disabled borrowers
If a borrower who has received a loan dies or becomes permanently and totally disabled (as determined in accordance with regulations of the Secretary), the Secretary shall discharge the borrower's liability on the loan by repaying the amount owed on the loan from the account established under
(July 1, 1944, ch. 373, title VII, §714, as added Oct. 13, 1992,
Section Referred to in Other Sections
This section is referred to in
§292n. Additional requirements for institutions and lenders
(a) In general
Notwithstanding any other provision of this subpart, the Secretary is authorized to prescribe such regulations as may be necessary to provide for—
(1) a fiscal audit of an eligible institution with regard to any funds obtained from a borrower who has received a loan insured under this subpart;
(2) the establishment of reasonable standards of financial responsibility and appropriate institutional capability for the administration by an eligible institution of a program of student financial aid with respect to funds obtained from a student who has received a loan insured under this subpart;
(3) the limitation, suspension, or termination of the eligibility under this subpart of any otherwise eligible institution, whenever the Secretary has determined, after notice and affording an opportunity for hearing, that such institution has violated or failed to carry out any regulation prescribed under this subpart;
(4) the collection of information from the borrower, lender, or eligible institution to assure compliance with the provisions of
(5) the assessing of tuition or fees to borrowers in amounts that are the same or less than the amount of tuition and fees assessed to nonborrowers;
(6) the submission, by the institution or the lender to the Office of Health Education Assistance Loan Default Reduction, of information concerning each loan made under this subpart, including the date when each such loan was originated, the date when each such loan is sold, the identity of the loan holder and information concerning a change in the borrower's status;
(7) the withholding of services, including academic transcripts, financial aid transcripts, and alumni services, by an institution from a borrower upon the default of such borrower of a loan under this subpart, except in case of a borrower who has filed for bankruptcy; and
(8) the offering, by the lender to the borrower, of a variety of repayment options, including fixed-rate, graduated repayment with negative amortization permitted, and income dependent payments for a limited period followed by level monthly payments.
(b) Recording by institution of information on students
The Secretary shall require an eligible institution to record, and make available to the lender and to the Secretary upon request, the name, address, postgraduate destination, and other reasonable identifying information for each student of such institution who has a loan insured under this subpart.
(c) Workshop for student borrowers
Each participating eligible institution must have, at the beginning of each academic year, a workshop concerning the provisions of this subpart that all student borrowers shall be required to attend.
(July 1, 1944, ch. 373, title VII, §715, as added Oct. 13, 1992,
Section Referred to in Other Sections
This section is referred to in
§292o. Definitions
For purposes of this subpart:
(1) The term "eligible institution" means, with respect to a fiscal year, a school of medicine, osteopathic medicine, dentistry, veterinary medicine, optometry, podiatric medicine, pharmacy, public health, allied health, or chiropractic, or a graduate program in health administration or clinical psychology.
(2) The term "eligible lender" means an eligible institution that became a lender under this subpart prior to September 15, 1992, an agency or instrumentality of a State, a financial or credit institution (including an insurance company) which is subject to examination and supervision by an agency of the United States or of any State, a pension fund approved by the Secretary for this purpose, or a nonprofit private entity designated by the State, regulated by the State, and approved by the Secretary.
(3) The term "line of credit" means an arrangement or agreement between the lender and the borrower whereby a loan is paid out by the lender to the borrower in annual installments, or whereby the lender agrees to make, in addition to the initial loan, additional loans in subsequent years.
(4) The term "school of allied health" means a program in a school of allied health (as defined in
(5)(A) The term "default rate", in the case of an eligible entity, means the percentage constituted by the ratio of—
(i) the principal amount of loans insured under this subpart—
(I) that are made with respect to the entity and that enter repayment status after April 7, 1987; and
(II) for which amounts have been paid under
(ii) the total principal amount of loans insured under this subpart that are made with respect to the entity and that enter repayment status after April 7, 1987.
(B) For purposes of subparagraph (A), a loan insured under this subpart shall be considered to have entered repayment status if the applicable period described in subparagraph (B) of
(C) For purposes of subparagraph (A), the term "eligible entity" means an eligible institution, an eligible lender, or a holder, as the case may be.
(D) For purposes of subparagraph (A), a loan is made with respect to an eligible entity if—
(i) in the case of an eligible institution, the loan was made to students of the institution;
(ii) in the case of an eligible lender, the loan was made by the lender; and
(iii) in the case of a holder, the loan was purchased by the holder.
(July 1, 1944, ch. 373, title VII, §719, as added Oct. 13, 1992,
Section Referred to in Other Sections
This section is referred to in
§292p. Authorization of appropriations
(a) In general
For fiscal year 1993 and subsequent fiscal years, there are authorized to be appropriated such sums as may be necessary for the adequacy of the student loan insurance account under this subpart and for the purpose of administering this subpart.
(b) Availability of sums
Sums appropriated under subsection (a) of this section shall remain available until expended.
(July 1, 1944, ch. 373, title VII, §720, as added Oct. 13, 1992,
Prior Provisions
A prior section 720 of act July 1, 1944, was classified to
subpart ii—federally-supported student loan funds
Subpart Referred to in Other Sections
This subpart is referred to in title 20 section 1078–3.
§292q. Agreements for operation of school loan funds
(a) Fund agreements
The Secretary is authorized to enter into an agreement for the establishment and operation of a student loan fund in accordance with this subpart with any public or other nonprofit school of medicine, osteopathic medicine, dentistry, pharmacy, podiatric medicine, optometry, or veterinary medicine.
(b) Requirements
Each agreement entered into under this section shall—
(1) provide for establishment of a student loan fund by the school;
(2) provide for deposit in the fund of—
(A) the Federal capital contributions to the fund;
(B) an amount equal to not less than one-ninth of such Federal capital contributions, contributed by such institution;
(C) collections of principal and interest on loans made from the fund;
(D) collections pursuant to
(E) any other earnings of the fund;
(3) provide that the fund shall be used only for loans to students of the school in accordance with the agreement and for costs of collection of such loans and interest thereon;
(4) provide that loans may be made from such funds only to students pursuing a full-time course of study at the school leading to a degree of doctor of medicine, doctor of dentistry or an equivalent degree, doctor of osteopathy, bachelor of science in pharmacy or an equivalent degree, doctor of pharmacy or an equivalent degree, doctor of podiatric medicine or an equivalent degree, doctor of optometry or an equivalent degree, or doctor of veterinary medicine or an equivalent degree;
(5) provide that the school shall advise, in writing, each applicant for a loan from the student loan fund of the provisions of
(6) contain such other provisions as are necessary to protect the financial interests of the United States.
(c) Failure of school to collect loans
(1) In general
Any standard established by the Secretary by regulation for the collection by schools of medicine, osteopathic medicine, dentistry, pharmacy, podiatric medicine, optometry, or veterinary medicine of loans made pursuant to loan agreements under this subpart shall provide that the failure of any such school to collect such loans shall be measured in accordance with this subsection. This subsection may not be construed to require such schools to reimburse the student loan fund under this subpart for loans that became uncollectible prior to August 1985 or to penalize such schools with respect to such loans.
(2) Extent of failure
The measurement of a school's failure to collect loans made under this subpart shall be the ratio (stated as a percentage) that the defaulted principal amount outstanding of such school bears to the matured loans of such school.
(3) Definitions
For purposes of this subsection:
(A) The term "default" means the failure of a borrower of a loan made under this subpart to—
(i) make an installment payment when due; or
(ii) comply with any other term of the promissory note for such loan,
except that a loan made under this subpart shall not be considered to be in default if the loan is discharged in bankruptcy or if the school reasonably concludes from written contracts with the borrower that the borrower intends to repay the loan.
(B) The term "defaulted principal amount outstanding" means the total amount borrowed from the loan fund of a school that has reached the repayment stage (minus any principal amount repaid or canceled) on loans—
(i) repayable monthly and in default for at least 120 days; and
(ii) repayable less frequently than monthly and in default for at least 180 days;
(C) The term "grace period" means the period of one year beginning on the date on which the borrower ceases to pursue a full-time course of study at a school of medicine, osteopathic medicine, dentistry, pharmacy, podiatric medicine, optometry, or veterinary medicine; and
(D) The term "matured loans" means the total principal amount of all loans made by a school under this subpart minus the total principal amount of loans made by such school to students who are—
(i) enrolled in a full-time course of study at such school; or
(ii) in their grace period.
(July 1, 1944, ch. 373, title VII, §721, as added Oct. 13, 1992,
Prior Provisions
A prior section 721 of act July 1, 1944, was classified to
Section Referred to in Other Sections
This section is referred to in
§292r. Loan provisions
(a) Amount of loan
(1) In general
Loans from a student loan fund (established under an agreement with a school under
(A) the cost of tuition for such year at such school, and
(B) $2,500.
(2) Third and fourth years of medical school
For purposes of paragraph (1), the amount $2,500 may, in the case of the third or fourth year of a student at 1 school of medicine or osteopathic medicine, be increased to the extent necessary (including such $2,500) to pay the balances of loans that, from sources other than the student loan fund under
(b) Terms and conditions
Subject to
(1) who is in need of the amount thereof to pursue a full-time course of study at the school leading to a degree of doctor of medicine, doctor of dentistry or an equivalent degree, doctor of osteopathy, bachelor of science in pharmacy or an equivalent degree, doctor of pharmacy or an equivalent degree, doctor of podiatric medicine or an equivalent degree, doctor of optometry or an equivalent degree, or doctor of veterinary medicine or an equivalent degree; and
(2) who, if required under
(c) Repayment; exclusions from ten-year period
Such loans shall be repayable in equal or graduated periodic installments (with the right of the borrower to accelerate repayment) over the ten-year period which begins one year after the student ceases to pursue a full-time course of study at a school of medicine, osteopathic medicine, dentistry, pharmacy, podiatry, optometry, or veterinary medicine, excluding from such ten-year period—
(1) all periods—
(A) not in excess of three years of active duty performed by the borrower as a member of a uniformed service;
(B) not in excess of three years during which the borrower serves as a volunteer under the Peace Corps Act [
(C) during which the borrower participates in advanced professional training, including internships and residencies; and
(D) during which the borrower is pursuing a full-time course of study at such a school; and
(2) a period—
(A) not in excess of two years during which a borrower who is a full-time student in such a school leaves the school, with the intent to return to such school as a full-time student, in order to engage in a full-time educational activity which is directly related to the health profession for which the borrower is preparing, as determined by the Secretary; or
(B) not in excess of two years during which a borrower who is a graduate of such a school is a participant in a fellowship training program or a full-time educational activity which—
(i) is directly related to the health profession for which such borrower prepared at such school, as determined by the Secretary; and
(ii) may be engaged in by the borrower during such a two-year period which begins within twelve months after the completion of the borrower's participation in advanced professional training described in paragraph (1)(C) or prior to the completion of such borrower's participation in such training.
(d) Cancellation of liability
The liability to repay the unpaid balance of such a loan and accrued interest thereon shall be canceled upon the death of the borrower, or if the Secretary determines that he has become permanently, and totally disabled.
(e) Rate of interest
Such loans shall bear interest, on the unpaid balance of the loan, computed only for periods for which the loan is repayable, at the rate of 5 percent per year.
(f) Security or endorsement
Loans shall be made under this subpart without security or endorsement, except that if the borrower is a minor and the note or other evidence of obligation executed by him would not, under the applicable law, create a binding obligation, either security or endorsement may be required.
(g) Transferring and assigning loans
No note or other evidence of a loan made under this subpart may be transferred or assigned by the school making the loan except that, if the borrowers transfer to another school participating in the program under this subpart, such note or other evidence of a loan may be transferred to such other school.
(h) Charge with respect to insurance for certain cancellations
Subject to regulations of the Secretary, a school may assess a charge with respect to loans made this subpart 2 to cover the costs of insuring against cancellation of liability under subsection (d) of this section.
(i) Charge with respect to late payments
Subject to regulations of the Secretary, and in accordance with this section, a school shall assess a charge with respect to a loan made under this subpart for failure of the borrower to pay all or any part of an installment when it is due and, in the case of a borrower who is entitled to deferment of the loan under subsection (c) of this section, for any failure to file timely and satisfactory evidence of such entitlement. No such charge may be made if the payment of such installment or the filing of such evidence is made within 60 days after the date on which such installment or filing is due. The amount of any such charge may not exceed an amount equal to 6 percent of the amount of such installment. The school may elect to add the amount of any such charge to the principal amount of the loan as of the first day after the day on which such installment or evidence was due, or to make the amount of the charge payable to the school not later than the due date of the next installment after receipt by the borrower of notice of the assessment of the charge.
(j) Authority of schools regarding rate of payment
A school may provide, in accordance with regulations of the Secretary, that during the repayment period of a loan from a loan fund established pursuant to an agreement under this subpart payments of principal and interest by the borrower with respect to all the outstanding loans made to him from loan funds so established shall be at a rate equal to not less than $15 per month.
(k) Authority regarding repayments by Secretary
Upon application by a person who received, and is under an obligation to repay, any loan made to such person as a health professions student to enable him to study medicine, osteopathy, dentistry, veterinary medicine, optometry, pharmacy, or podiatry, the Secretary may undertake to repay (without liability to the applicant) all or any part of such loan, and any interest or portion thereof outstanding thereon, upon his determination, pursuant to regulations establishing criteria therefor, that the applicant—
(1) failed to complete such studies leading to his first professional degree;
(2) is in exceptionally needy circumstances;
(3) is from a low-income or disadvantaged family as those terms may be defined by such regulations; and
(4) has not resumed, or cannot reasonably be expected to resume, the study of medicine, osteopathy, dentistry, veterinary medicine, optometry, pharmacy, or podiatric medicine, within two years following the date upon which he terminated such studies.
(l) Collection efforts by Secretary
The Secretary is authorized to attempt to collect any loan which was made under this subpart, which is in default, and which was referred to the Secretary by a school with which the Secretary has an agreement under this subpart, on behalf of that school under such terms and conditions as the Secretary may prescribe (including reimbursement from the school's student loan fund for expenses the Secretary may reasonably incur in attempting collection), but only if the school has complied with such requirements as the Secretary may specify by regulation with respect to the collection of loans under this subpart. A loan so referred shall be treated as a debt subject to
(July 1, 1944, ch. 373, title VII, §722, as added Oct. 13, 1992,
References in Text
The Peace Corps Act, referred to in subsec. (c)(1)(B), is
Prior Provisions
A prior section 722 of act July 1, 1944, was classified to
Amendments
1993—Subsec. (a).
"(1) the cost of tuition for such year at such school, and
"(2) $2,500."
Subsec. (b)(2), (3).
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be "at a".
2 So in original. Probably should be "under this subpart".
§292s. Medical schools and primary health care
(a) Requirements for students
(1) In general
Subject to the provisions of this subsection, in the case of student loan funds established under
(A) to enter and complete a residency training program in primary health care not later than 4 years after the date on which the student graduates from such school; and
(B) to practice in such care through the date on which the loan is repaid in full.
(2) Inapplicability to certain students
(A) The requirement established in paragraph (1) regarding the student loan fund of a school does not apply to a student if—
(i) the first loan to the student from such fund is made before July 1, 1993; or
(ii) the loan is made from—
(I) a Federal capital contribution under
(II) a school contribution made under
(B) A Federal capital contribution under
(3) Noncompliance by student
Each agreement entered into with a student pursuant to paragraph (1) shall provide that, if the student fails to comply with the agreement—
(A) the balance due on the loan involved will be immediately recomputed from the date of issuance at an interest rate of 12 percent per year, compounded annually; and
(B) the recomputed balance will be paid not later than the expiration of the 3-year period beginning on the date on which the student fails to comply with the agreement.
(4) Waivers
(A) With respect to the obligation of an individual under an agreement made under paragraph (1) as a student, the Secretary shall provide for the partial or total waiver or suspension of the obligation whenever compliance by the individual is impossible, or would involve extreme hardship to the individual, and if enforcement of the obligation with respect to the individual would be unconscionable.
(B) For purposes of subparagraph (A), the obligation of an individual shall be waived if—
(i) the status of the individual as a student of the school involved is terminated before graduation from the school, whether voluntarily or involuntarily; and
(ii) the individual does not, after such termination, resume attendance at the school or begin attendance at any other school of medicine or osteopathic medicine.
(C) If an individual resumes or begins attendance for purposes of subparagraph (B), the obligation of the individual under the agreement under paragraph (1) shall be considered to have been suspended for the period in which the individual was not in attendance.
(D) This paragraph may not be construed as authorizing the waiver or suspension of the obligation of a student to repay, in accordance with
(b) Requirements for schools
(1) In general
Subject to the provisions of this subsection, in the case of student loan funds established under
(2) Description of conditions
With respect to graduates described in paragraph (1) (in this paragraph referred to as "designated graduates"), the conditions referred to in such paragraph for a school for a 1-year period are as follows:
(A) Not less than 50 percent of designated graduates of the school meet the criterion of either being in a residency training program in primary health care, or being engaged in a practice in such care (having completed such a program).
(B) Not less than 25 percent of the designated graduates of the school meet such criterion, and such percentage is not less than 5 percentage points above the percentage of such graduates meeting such criterion for the preceding 1-year period.
(C) In the case of schools of medicine or osteopathic medicine with student loans funds under
(3) Determinations by Secretary
Not later than 90 days after the close of each 1-year period described in paragraph (1), the Secretary shall make a determination of whether the school involved has for such period complied with such paragraph and shall in writing inform the school of the determination. Such determination shall be made only after consideration of the report submitted to the Secretary by the school under paragraph (6).
(4) Noncompliance by school
(A)(i) Subject to subparagraph (C), each agreement under
(I) will pay to the Secretary the amount applicable under subparagraph (B) for the period; and
(II) will pay such amount not later than 90 days after the school is informed under paragraph (3) of the determination of the Secretary regarding such period.
(ii) Any amount that a school is required to pay under clause (i) may be paid from the student loan fund of the school under
(B) For purposes of subparagraph (A), the amount applicable for a school, subject to subparagraph (C), is—
(i) for the 1-year period ending June 30, 1997, an amount equal to 10 percent of the income received during such period by the student loan fund of the school under
(ii) for the 1-year period ending June 30, 1998, an amount equal to 20 percent of the income received during such period by the student loan fund; and
(iii) for any subsequent 1-year period under paragraph (1), an amount equal to 30 percent of the income received during such period by the student loan fund.
(C) In determining the amount of income that a student loan fund has received for purposes of subparagraph (B), the Secretary shall exclude any income derived from exempt contributions. Payments made to the Secretary under subparagraph (A) may not be made with such contributions or with income derived from such contributions.
(5) Expenditure of payments
(A) Amounts paid to the Secretary under paragraph (4) shall be expended to make Federal capital contributions to student loan funds under
(B) A Federal capital contribution under
(6) Reports by schools
Each agreement under
(c) Reports by Secretary
The Secretary shall each fiscal year submit to the Committee on Energy and Commerce of the House of Representatives, and the Committee on Labor and Human Resources of the Senate, a report regarding the administration of this section, including the extent of compliance with the requirements of this section, during the preceding fiscal year.
(d) Definitions
For purposes of this section:
(1) The term "exempt contributions" means exempt Federal capital contributions and exempt school contributions.
(2) The term "exempt Federal capital contribution" means a Federal capital contribution described in subclause (I) of subsection (a)(2)(A)(ii) of this section.
(3) The term "exempt school contribution" means a school contribution described in subclause (II) of subsection (a)(2)(A)(ii) of this section.
(4) The term "income", with respect to a student fund under
(5) The term "primary health care" means family medicine, general internal medicine, general pediatrics, preventive medicine, or osteopathic general practice.
(July 1, 1944, ch. 373, title VII, §723, as added Oct. 13, 1992,
Prior Provisions
A prior section 723 of act July 1, 1944, was classified to
Amendments
1993—Subsec. (a)(4).
Subsec. (b)(1).
Subsec. (b)(2)(B).
Subsec. (b)(4)(B).
Change of Name
Committee on Energy and Commerce of House of Representatives changed to Committee on Commerce of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Section Referred to in Other Sections
This section is referred to in
1 So in original. The semicolon probably should be a comma.
§292t. Individuals from disadvantaged backgrounds
(a) Fund agreements regarding certain amounts
With respect to amounts appropriated under subsection (f) of this section, each agreement entered into under
(1) any Federal capital contribution made to the student loan fund of the school from such amounts, together with the school contribution appropriate under subsection (b)(2)(B) of such section to the amount of the Federal capital contribution, will be utilized only for the purpose of—
(A) making loans to individuals from disadvantaged backgrounds; and
(B) the costs of the collection of the loans and interest on the loans; and
(2) collections of principal and interest on loans made pursuant to paragraph (1), and any other earnings of the student loan fund attributable to amounts that are in the fund pursuant to such paragraph, will be utilized only for the purpose described in such paragraph.
(b) Minimum qualifications for schools
The Secretary may not make a Federal capital contribution for purposes of subsection (a) of this section for a fiscal year unless the health professions school involved—
(1) is carrying out a program for recruiting and retaining students from disadvantaged backgrounds, including racial and ethnic minorities; and
(2) is carrying out a program for recruiting and retaining minority faculty.
(c) Certain agreements regarding education of students; date certain for compliance
The Secretary may not make a Federal capital contribution for purposes of subsection (a) of this section for a fiscal year unless the health professions school involved agrees—
(1) to ensure that adequate instruction regarding minority health issues is provided for in the curricula of the school;
(2) with respect to health clinics providing services to a significant number of individuals who are from disadvantaged backgrounds, including members of minority groups, to enter into arrangements with 1 or more such clinics for the purpose of providing students of the school with experience in providing clinical services to such individuals;
(3) with respect to public or nonprofit private secondary educational institutions and undergraduate institutions of higher education, to enter into arrangements with 1 or more such institutions for the purpose of carrying out programs regarding the educational preparation of disadvantaged students, including minority students, to enter the health professions and regarding the recruitment of such individuals into the health professions;
(4) to establish a mentor program for assisting disadvantaged students, including minority students, regarding the completion of the educational requirements for degrees from the school;
(5) to be carrying out each of the activities specified in any of paragraphs (1) through (4) by not later than 1 year after the date on which the first Federal capital contribution is made to the school for purposes of subsection (a) of this section; and
(6) to continue carrying out such activities, and the activities specified in paragraphs (1) and (2) of subsection (b) of this section, throughout the period during which the student loan fund established pursuant to
(d) Availability of other amounts
With respect to Federal capital contributions to student loan funds under agreements under
(e) "Disadvantaged" defined
For purposes of this section, the term "disadvantaged", with respect to an individual, shall be defined by the Secretary.
(f) Authorization of appropriations
(1) In general
With respect to making Federal capital contributions to student loan funds for purposes of subsection (a) of this section, there is authorized to be appropriated for such contributions $15,000,000 for fiscal year 1993.
(2) Special consideration for certain schools
In making Federal capital contributions to student loan funds for purposes of subsection (a) of this section, the Secretary shall give special consideration to health professions schools that have enrollments of underrepresented minorities above the national average for health professions schools.
(July 1, 1944, ch. 373, title VII, §724, as added Oct. 13, 1992,
Prior Provisions
A prior section 724 of act July 1, 1944, was classified to
Section Referred to in Other Sections
This section is referred to in
§292u. Administrative provisions
The Secretary may agree to modifications of agreements or loans made under this subpart, and may compromise, waive, or release any right, title, claim, or demand of the United States arising or acquired under this subpart.
(July 1, 1944, ch. 373, title VII, §725, as added Oct. 13, 1992,
Prior Provisions
A prior section 725 of act July 1, 1944, was classified to
Health Professions Education Fund; Availability of Fund; Deposit in Fund of: Interest Payments or Repayments of Principal on Loans; Transfer of Excess Moneys to General Fund of the Treasury; Authorization of Appropriations for Payments Under Agreements
Section 406(b), (c) of
"(b) The health professions education fund created within the Treasury by section 744(d)(1) of the Public Health Service Act (as in effect before the date of enactment of this Act) [former
"(c) There are authorized to be appropriated without fiscal year limitation such sums as may be necessary to enable the Secretary to make payments under agreements entered into under section 744(b) [former
§292v. Provision by schools of information to students
(a) In general
With respect to loans made by a school under this subpart after June 30, 1986, each school, in order to carry out the provisions of
(1) the yearly and cumulative maximum amounts that may be borrowed by the student;
(2) the terms under which repayment of the loan will begin;
(3) the maximum number of years in which the loan must be repaid;
(4) the interest rate that will be paid by the borrower and the minimum amount of the required monthly payment;
(5) the amount of any other fees charged to the borrower by the lender;
(6) any options the borrower may have for deferral, cancellation, prepayment, consolidation, or other refinancing of the loan;
(7) a definition of default on the loan and a specification of the consequences which will result to the borrower if the borrower defaults, including a description of any arrangements which may be made with credit bureau organizations;
(8) to the extent practicable, the effect of accepting the loan on the eligibility of the borrower for other forms of student assistance; and
(9) a description of the actions that may be taken by the Federal Government to collect the loan, including a description of the type of information concerning the borrower that the Federal Government may disclose to (A) officers, employees, or agents of the Department of Health and Human Services, (B) officers, employees, or agents of schools with which the Secretary has an agreement under this subpart, or (C) any other person involved in the collection of a loan under this subpart.
(b) Statement regarding loan
Each school shall, immediately prior to the graduation from such school of a student who receives a loan under this subpart after June 30, 1986, provide such student with a statement specifying—
(1) each amount borrowed by the student under this subpart;
(2) the total amount borrowed by the student under this subpart; and
(3) a schedule for the repayment of the amounts borrowed under this subpart, including the number, amount, and frequency of payments to be made.
(July 1, 1944, ch. 373, title VII, §726, as added Oct. 13, 1992,
Prior Provisions
A prior section 726 of act July 1, 1944, was classified to
Another prior section 726 of act July 1, 1944, was classified to
§292w. Procedures for appeal of termination of agreements
In any case in which the Secretary intends to terminate an agreement with a school under this subpart, the Secretary shall provide the school with a written notice specifying such intention and stating that the school may request a formal hearing with respect to such termination. If the school requests such a hearing within 30 days after the receipt of such notice, the Secretary shall provide such school with a hearing conducted by an administrative law judge.
(July 1, 1944, ch. 373, title VII, §727, as added Oct. 13, 1992,
Prior Provisions
A prior section 727 of act July 1, 1944, was classified to
Another prior section 727 of act July 1, 1944, was classified to
§292x. Distribution of assets from loan funds
(a) Distribution after termination of fund
If a school terminates a loan fund established under an agreement pursuant to
(1) The Secretary shall first be paid an amount which bears the same ratio to such balance in such fund on the date of termination of the fund as the total amount of the Federal capital contributions to such fund by the Secretary pursuant to
(2) The remainder of such balance shall be paid to the school.
(b) Payment of proportionate share to Secretary
If a capital distribution is made under subsection (a) of this section, the school involved shall, after the capital distribution, pay to the Secretary, not less often than quarterly, the same proportionate share of amounts received by the school in payment of principal or interest on loans made from the loan fund established pursuant to
(July 1, 1944, ch. 373, title VII, §728, as added Oct. 13, 1992,
Prior Provisions
A prior section 728 of act July 1, 1944, was classified to
Another prior section 728 of act July 1, 1944, was classified to
§292y. General provisions
(a) Date certain for applications
The Secretary shall from time to time set dates by which schools must file applications for Federal capital contributions.
(b) Contingent reduction in allotments
If the total of the amounts requested for any fiscal year in such applications exceeds the amounts appropriated under this section for that fiscal year, the allotment to the loan fund of each such school shall be reduced to whichever of the following is the smaller: (A) the amount requested in its application; or (B) an amount which bears the same ratio to the amounts appropriated as the number of students estimated by the Secretary to be enrolled in such school during such fiscal year bears to the estimated total number of students in all such schools during such year. Amounts remaining after allotment under the preceding sentence shall be reallotted in accordance with clause (B) of such sentence among schools whose applications requested more than the amounts so allotted to their loan funds, but with such adjustments as may be necessary to prevent the total allotted to any such school's loan fund from exceeding the total so requested by it.
(c) Allotment of excess funds
Funds available in any fiscal year for payment to schools under this subpart which are in excess of the amount appropriated pursuant to this section for that year shall be allotted among schools in such manner as the Secretary determines will best carry out the purposes of this subpart.
(d) Payment of installments to schools
Allotments to a loan fund of a school shall be paid to it from time to time in such installments as the Secretary determines will not result in unnecessary accumulations in the loan fund at such school.
(e) Disposition of funds returned to Secretary
(1) Expenditure for Federal capital contributions
Subject to
(2) Date certain for contributions
Amounts described in paragraph (1) that are returned to the Secretary before the fourth quarter of a fiscal year shall be obligated before the end of such fiscal year, and may not be obligated before the fourth quarter. For purposes of the preceding sentence, amounts returned to the Secretary during the last quarter of a fiscal year are deemed to have been returned during the first three quarters of the succeeding fiscal year.
(3) Preference in making contributions
In making Federal capital contributions to student loans funds under
(f) Funding for certain medical schools
(1) Authorization of appropriations
For the purpose of making Federal capital contributions to student loan funds established under
(2) Minimum requirements
(A) Subject to subparagraph (B), the Secretary may make a Federal capital contribution pursuant to paragraph (1) only if the school of medicine or osteopathic medicine involved meets the conditions described in subparagraph (A) of
(B) For purposes of subparagraph (A), the conditions referred to in such subparagraph shall be applied with respect to graduates of the school involved whose date of graduation occurred approximately 3 years before June 30 of the fiscal year preceding the fiscal year for which the Federal capital contribution involved is made.
(July 1, 1944, ch. 373, title VII, §735, as added Oct. 13, 1992,
Prior Provisions
A prior section 735 of act July 1, 1944, was classified to
Amendments
1993—Subsec. (f).
1992—Subsec. (b).
Effective Date of 1992 Amendment
Section 313(c) of
Part B—Students From Disadvantaged Backgrounds
§293. Scholarships for students of exceptional financial need
(a) In general
The Secretary shall make grants to public and nonprofit private schools of medicine, osteopathic medicine, and dentistry for scholarships to be awarded by the schools to full-time students thereof who are of exceptional financial need, subject to
(b) Requirements regarding scholarships
(1) Acceptance for full-time enrollment
Scholarships may be awarded by a school from a grant under subsection (a) of this section only to individuals who have been accepted by it for enrollment as full-time students.
(2) Authorized expenditures
A scholarship provided to a student for a school year under a grant under subsection (a) of this section shall consist of payment to, or (in accordance with paragraph (4)) on behalf of, the student of an amount (except as provided in
(A) the tuition of the student in such school year; and
(B) all other reasonable educational expenses, including fees, books, and laboratory expenses, incurred by the student in such year.
(3) Authority regarding payments to educational institution
The Secretary may contract with an educational institution in which is enrolled a student who has received a scholarship with a grant under subsection (a) of this section for the payment to the educational institution of the amounts of tuition and other reasonable educational expenses described in paragraph (2). Payment to such an educational institution may be made without regard to
(c) Authorization of appropriations
For the purpose of making grants under this section, there is authorized to be appropriated $11,000,000 for fiscal year 1993.
(July 1, 1944, ch. 373, title VII, §736, as added Oct. 13, 1992,
Prior Provisions
A prior section 293, act July 1, 1944, ch. 373, title VII, §720, as added Sept. 24, 1963,
A prior section 736 of act July 1, 1944, was classified to
Section Referred to in Other Sections
This section is referred to in
§293a. Scholarships generally; certain other purposes
(a) Establishment of program
(1) In general
Subject to subsection (e) of this section, the Secretary may make grants to health professions schools for the purpose of assisting such schools in providing scholarships to individuals described in paragraph (2).
(2) Eligible individuals
The individuals referred to in paragraph (1) are individuals who—
(A) are from disadvantaged backgrounds; and
(B) are enrolled (or accepted for enrollment) as full-time students in such schools.
(3) Health professions schools
For purposes of this section, the term "health professions schools" means schools of medicine, nursing (as schools of nursing are defined in
(b) Minimum qualifications of grantees
The Secretary may not make a grant under subsection (a) of this section unless the health professions school—
(1) is carrying out a program for recruiting and retaining students from disadvantaged backgrounds, including racial and ethnic minorities; and
(2) is carrying out a program for recruiting and retaining minority faculty.
(c) Preferences in providing scholarships
The Secretary may not make a grant under subsection (a) of this section unless the health professions school involved agrees that, in providing scholarships pursuant to the grant, the school will give preference to students—
(1) who are from disadvantaged backgrounds; and
(2) for whom the costs of attending the school would constitute a severe financial hardship.
(d) Use of scholarship
A scholarship provided pursuant to subsection (a) of this section for attendance at a health professions school—
(1) may be expended only for tuition expenses, other reasonable educational expenses, and reasonable living expenses incurred in such attendance; and
(2) may not, for any year of such attendance for which the scholarship is provided, provide an amount exceeding the total amount required for the year for the expenses specified in paragraph (1).
(e) Provisions regarding purposes other than scholarships
(1) Authority regarding assistance for undergraduates
With respect to undergraduates who have demonstrated a commitment to pursuing a career in the health professions, a health professions school may expend not more than 25 percent of a grant under subsection (a) of this section for the purpose of providing financial assistance to such undergraduates in order to facilitate the completion of the educational requirements for such careers.
(2) Required activities of school
The Secretary may not make a grant under subsection (a) of this section unless the health professions school involved agrees—
(A) to ensure that adequate instruction regarding minority health issues is provided for in the curricula of the school;
(B) with respect to health clinics providing services to a significant number of individuals who are from disadvantaged backgrounds, including members of minority groups, to enter into arrangements with 1 or more such clinics for the purpose of providing students of the school with experience in providing clinical services to such individuals;
(C) with respect to public or nonprofit secondary educational institutions and undergraduate institutions of higher education, to enter into arrangements with 1 or more such institutions for the purpose of carrying out programs regarding the educational preparation of disadvantaged students, including minority students, to enter the health professions and regarding the recruitment of such students into the health professions;
(D) to establish a mentor program for assisting disadvantaged students, including minority students, regarding the completion of the educational requirements for degrees from the school;
(E) to be carrying out the activities specified in subparagraphs (A) through (D) by not later than 1 year after the date on which a grant under subsection (a) of this section is first made to the school; and
(F) to continue carrying out such activities, and the activities specified in paragraphs (1) and (2) of subsection (b) of this section, throughout the period during which the school is receiving a grant under subsection (a) of this section.
(3) Restrictions on use of grant
The Secretary may not make a grant under subsection (a) of this section for a fiscal year unless the health professions school involved agrees that the grant will not be expended to carry out the activities specified in paragraph (1) or (2) of subsection (b) of this section, or in any of subparagraphs (A) through (D) of paragraph (2) of this subsection.
(f) Requirement of application
The Secretary may not make a grant under subsection (a) of this section unless an application for the grant is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this section.
(g) "School of nursing" defined
For purposes of this section, the term "school of nursing" has the meaning given such term in
(h) Funding
(1) Authorization of appropriations
For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for fiscal year 1993.
(2) Allocations by Secretary
In making grants under subsection (a) of this section, the Secretary—
(A) shall, of the amounts appropriated under paragraph (1), make available 30 percent for such grants to schools of nursing; and
(B) shall give special consideration to health professions schools that have enrollments of underrepresented minorities above the national average for health professions schools.
(July 1, 1944, ch. 373, title VII, §737, as added Oct. 13, 1992,
Prior Provisions
A prior section 293a, act July 1, 1944, ch. 373, title VII, §721, as added Sept. 24, 1963,
A prior section 737 of act July 1, 1944, was classified to
§293b. Loan repayments and fellowships regarding faculty positions
(a) Loan repayments
(1) Establishment of program
The Secretary shall establish a program of entering into contracts with individuals described in subsection (b) 1 under which the individuals agree to serve as members of the faculties of schools described in paragraph (3) in consideration of the Federal Government agreeing to pay, for each year of such service, not more than $20,000 of the principal and interest of the educational loans of such individuals.
(2) Eligible individuals
The individuals referred to in paragraph (1) are individuals from disadvantaged backgrounds who—
(A) have a degree in medicine, osteopathic medicine, dentistry, or another health profession;
(B) are enrolled in an approved graduate training program in medicine, osteopathic medicine, dentistry, or other health profession; or
(C) are enrolled as a full-time student—
(i) in an accredited (as determined by the Secretary) school described in paragraph (3); and
(ii) in the final year of a course of a study or program, offered by such institution and approved by the Secretary, leading to a degree from such a school.
(3) Eligible health professions schools
The schools described in this paragraph are schools of medicine, nursing (as schools of nursing are defined in
(4) Additional limitation on amount of repayments
Payments made under this subsection regarding the educational loans of an individual may not, for any year for which the payments are made, exceed an amount equal to 20 percent of the outstanding principal and interest on the loans.
(5) Requirements regarding faculty positions
The Secretary may not enter into a contract under paragraph (1) unless—
(A) the individual involved has entered into a contract with a school described in paragraph (3) to serve as a member of the faculty of the school for not less than 2 years, and the individual has not been a member of the faculty of any school at any time during the 18-month period preceding the date on which the Secretary receives the request of the individual for a contract under paragraph (1); and
(B) the contract referred to in subparagraph (A) provides that—
(i) the school will, for each year for which the individual will serve as a member of the faculty under the contract with the school, make payments of the principal and interest due on the educational loans of the individual for such year in an amount equal to the amount of such payments made by the Secretary for the year; and
(ii) the payments made by the school pursuant to clause (i) on behalf of the individual will be in addition to the pay that the individual would otherwise receive for serving as a member of such faculty.
(6) Waiver regarding school contributions
The Secretary may waive the requirement established in paragraph (5)(B) if the Secretary determines that the requirement will impose an undue financial hardship on the school involved. If the Secretary grants such a waiver, paragraph (4) shall not apply with respect to the individual involved.
(7) Applicability of certain provisions
The provisions of
(b) Fellowships
(1) In general
The Secretary may make grants to and enter into contracts with schools of medicine, osteopathic medicine, dentistry, veterinary medicine, optometry, podiatric medicine, pharmacy, public health, health administration, clinical psychology, and other public or private nonprofit health or educational entities of the type described in
(2) Applications
To be eligible to receive a grant or contract under this subsection, a school shall prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including an assurance that—
(A) amounts received under such a grant or contract will be used to award a fellowship to an individual only if—
(i) the individual has not been a member of the faculty of any school at any time during the 18-month period preceding the date on which the individual submits a request for the fellowship; and
(ii) the individual meets the requirements of paragraphs (3) and (4); and
(B) each fellowship awarded pursuant to the grant or contract will include a stipend in an amount not exceeding 50 percent of the regular salary of a similar faculty member, or $30,000, whichever is less.
(3) Eligibility
To be eligible to receive a grant or contract under paragraph (1), an applicant shall demonstrate to the Secretary that such applicant has or will have the ability to—
(A) identify, recruit and select individuals from underrepresented minorities in health professions who have the potential for teaching, administration, or conducting research at a health professions institution;
(B) provide such individuals with the skills necessary to enable them to secure a tenured faculty position at such institution, which may include training with respect to pedagogical skills, program administration, the design and conduct of research, grants writing, and the preparation of articles suitable for publication in peer reviewed journals;
(C) provide services designed to assist such individuals in their preparation for an academic career, including the provision of mentors; and
(D) provide health services to rural or medically underserved populations.
(4) Requirements
To be eligible to receive a grant or contract under paragraph (1) an applicant shall—
(A) provide an assurance that such applicant will make available (directly through cash donations) $1 for every $1 of Federal funds received under this section for the fellowship;
(B) provide an assurance that institutional support will be provided for the individual for a second year at a level that is not less than the total amount of Federal and institutional funds provided in the year in which the grant or contract was awarded;
(C) provide an assurance that the individual that will receive the fellowship will be a member of the faculty of the applicant school; and
(D) provide an assurance that the individual that will receive the fellowship will have, at a minimum, appropriate advanced preparation (such as a master's or doctoral degree) and special skills necessary to enable such individual to teach and practice.
(5) "Minority" defined
For purposes of this subsection, the term "minority" means an individual from a racial or ethnic group that is underrepresented in the health professions.
(c) Authorization of appropriations
For the purpose of carrying out this section, there is authorized to be appropriated $4,000,000 for fiscal year 1993.
(July 1, 1944, ch. 373, title VII, §738, as added Oct. 13, 1992,
References in Text
Subpart III of part D of subchapter II of this chapter, referred to in subsec. (a)(7), is classified to
Prior Provisions
A prior section 293b, act July 1, 1944, ch. 373, title VII, §722, as added Sept. 24, 1963,
A prior section 738 of act July 1, 1944, was classified to
1 So in original. Probably should be "paragraph (2)".
§293c. Centers of excellence
(a) In general
The Secretary shall make grants to health professions schools described in subsection (c) of this section for the purpose of assisting the schools in supporting programs of excellence in health professions education for minority individuals.
(b) Required use of funds
The Secretary may not make a grant under subsection (a) of this section unless the health professions school involved agrees to expend the grant—
(1) to establish, strengthen, or expand programs to enhance the academic performance of minority students attending the school;
(2) to establish, strengthen, or expand programs to increase the number and quality of minority applicants to the school;
(3) to improve the capacity of such school to train, recruit, and retain minority faculty;
(4) with respect to minority health issues, to carry out activities to improve the information resources and curricula of the school and clinical education at the school; and
(5) to facilitate faculty and student research on health issues particularly affecting minority groups.
(c) Centers of excellence
(1) In general
(A) The health professions schools referred to in subsection (a) of this section are such schools that meet each of the conditions specified in subparagraph (B), and that—
(i) meet each of the conditions specified in paragraph (2)(A);
(ii) meet each of the conditions specified in paragraph (3);
(iii) meet each of the conditions specified in paragraph (4); or
(iv) meet each of the conditions specified in paragraph (5).
(B) The conditions specified in this subparagraph are that a health professions school—
(i) has a significant number of minority individuals enrolled in the school, including individuals accepted for enrollment in the school;
(ii) has been effective in assisting minority students of the school to complete the program of education and receive the degree involved;
(iii) has been effective in recruiting minority individuals to attend the school, including providing scholarships and other financial assistance to such individuals and encouraging minority students of secondary educational institutions to attend the health professions school; and
(iv) has made significant recruitment efforts to increase the number of minority individuals serving in faculty or administrative positions at the school.
(C) In the case of any criteria established by the Secretary for purposes of determining whether schools meet the conditions described in subparagraph (B), this section may not, with respect to racial and ethnic minorities, be construed to authorize, require, or prohibit the use of such criteria in any program other than the program established in this section.
(2) Centers of excellence at certain historically Black colleges and universities
(A) The conditions specified in this subparagraph are that a health professions school—
(i) is a school described in
(ii) received a contract under
(B) In addition to the purposes described in subsection (b) of this section, a grant under subsection (a) of this section to a health professions school meeting the conditions described in subparagraph (A) may be expended—
(i) to develop a plan to achieve institutional improvements, including financial independence, to enable the school to support programs of excellence in health professions education for minority individuals; and
(ii) to provide improved access to the library and informational resources of the school.
(3) Hispanic centers of excellence
The conditions specified in this paragraph are that—
(A) with respect to Hispanic individuals, each of clauses (i) through (iv) of paragraph (1)(B) applies to the health professions school involved; and
(B) the health professions school agree, as a condition of receiving a grant under subsection (a) of this section, that the school will, in carrying out the duties described in subsection (b) of this section, give priority to carrying out the duties with respect to Hispanic individuals.
(4) Native American centers of excellence
Subject to subsection (e) of this section, the conditions specified in this paragraph are that—
(A) with respect to Native Americans, each of clauses (i) through (iv) of paragraph (1)(B) applies to the health professions school involved;
(B) the health professions school agree, as a condition of receiving a grant under subsection (a) of this section, that the school will, in carrying out the duties described in subsection (b) of this section, give priority to carrying out the duties with respect to Native Americans; and
(C) the health professions school agree, as a condition of receiving a grant under subsection (a) of this section, that—
(i) the school will establish an arrangement with 1 or more public or nonprofit private institutions of higher education whose enrollment of students has traditionally included a significant number of Native Americans, the purpose of which arrangement will be to carry out a program—
(I) to identify Native American students of the institution who are interested in a career in the health profession or professions involved; and
(II) to facilitate the educational preparation of such students to enter the health professions school; and
(ii) the health professions school will make efforts to recruit Native American students, including students who have participated in the undergraduate program carried out under arrangements established by the school pursuant to clause (i) and will assist Native American students regarding the completion of the educational requirements for a degree from the health professions school.
(5) Other centers of excellence
The conditions specified in this paragraph are that a health professions school has an enrollment of underrepresented minorities above the national average for such enrollments of health professions schools.
(d) Designation as Center of Excellence
(1) In general
Any health professions school receiving a grant under subsection (a) of this section and meeting the conditions described in paragraph (2) or (5) of subsection (c) of this section shall, for purposes of this section, be designated by the Secretary as a Center of Excellence in Minority Health Professions Education.
(2) Hispanic centers of excellence
Any health professions school receiving a grant under subsection (a) of this section and meeting the conditions described in subsection (c)(3) of this section shall, for purposes of this section, be designated by the Secretary as a Hispanic Center of Excellence in Health Professions Education.
(3) Native American centers of excellence
Any health professions school receiving a grant under subsection (a) of this section and meeting the conditions described in subsection (c)(4) of this section shall, for purposes of this section, be designated by the Secretary as a Native American Center of Excellence in Health Professions Education. Any consortium receiving such a grant pursuant to subsection (e) of this section shall, for purposes of this section, be so designated.
(e) Authority regarding Native American Centers of Excellence
(1) Authority for collectively meeting relevant requirements
With respect to meeting the conditions specified in subsection (c)(4) of this section, the Secretary may make a grant under subsection (a) of this section to any school of medicine, osteopathic medicine, dentistry, or pharmacy that has in accordance with paragraph (2) formed a consortium of schools that meets such conditions (without regard to whether the schools of the consortium individually meet such conditions).
(2) Requirements regarding consortium
A consortium of schools has been formed in accordance with this paragraph if—
(A) the consortium consists of a school seeking a grant pursuant to paragraph (1) and 1 or more schools of medicine, osteopathic medicine, dentistry, pharmacy, nursing, allied health, or public health;
(B) the schools of the consortium have entered into an agreement for the allocation of such grant among the schools;
(C) each of the schools agrees to expend the grant in accordance with this section; and
(D) each of the schools of the consortium—
(i) is part of the same institution of higher education as the school seeking the grant; or
(ii) is located not farther than 50 miles from the school seeking the grant.
(f) Duration and amount of grant
(1) Duration
The period during which payments are made under a grant under subsection (a) of this section may not exceed 3 years. Such payments shall be subject to annual approval by the Secretary and to the availability of appropriations for the fiscal year involved to make the payments.
(2) Amount
A grant under subsection (a) of this section for a fiscal year may not be made in an amount that is less than $500,000.
(g) Maintenance of effort
(1) In general
With respect to activities for which a grant under subsection (a) of this section is authorized to be expended, the Secretary may not make such a grant to a health professions school for any fiscal year unless the school agrees to maintain expenditures of non-Federal amounts for such activities at a level that is not less than the level of such expenditures maintained by the school for the fiscal year preceding the fiscal year for which the school receives such a grant.
(2) Use of Federal funds
With respect to any Federal amounts received by a health professions school and available for carrying out activities for which a grant under subsection (a) of this section is authorized to be expended, the Secretary may not make such a grant to the school for any fiscal year unless the school agrees that the school will, before expending the grant, expend the Federal amounts obtained from sources other than the grant.
(h) Definitions
For purposes of this section:
(1)(A) The term "health professions school" means, except as provided in subparagraph (B), a school of medicine, a school of osteopathic medicine, a school of dentistry, or a school of pharmacy.
(B) The definition established in subparagraph (A) shall not apply to the use of the term "health professions school" for purposes of subsection (c)(2) of this section.
(2) The term "program of excellence" means any program carried out by a health professions school with a grant made under subsection (a) of this section, if the program is for purposes for which the school involved is authorized in subsection (b) or (c) of this section to expend the grant.
(3) The term "Native Americans" means American Indians, Alaskan Natives, Aleuts, and Native Hawaiians.
(i) Funding
(1) Authorization of appropriations
For the purpose of making grants under subsection (a) of this section, there are authorized to be appropriated such sums as may be necessary for fiscal year 1993.
(2) Allocations by Secretary
(A) Of the amounts appropriated under paragraph (1) for a fiscal year, the Secretary shall make available $12,000,000 for grants under subsection (a) of this section to health professions schools that are eligible for such grants pursuant to meeting the conditions described in paragraph (2)(A) of subsection (c) of this section.
(B) Of the amounts appropriated under paragraph (1) for a fiscal year and available after compliance with subparagraph (A), the Secretary shall make available 60 percent for grants under subsection (a) of this section to health professions schools that are eligible for such grants pursuant to meeting the conditions described in paragraph (3) or (4) of subsection (c) of this section (including meeting conditions pursuant to subsection (e) of this section).
(C) Of the amounts appropriated under paragraph (1) for a fiscal year and available after compliance with subparagraph (A), the Secretary shall make available 40 percent for grants under subsection (a) of this section to health professions schools that are eligible for such grants pursuant to meeting the conditions described in paragraph (5) of subsection (c) of this section.
(July 1, 1944, ch. 373, title VII, §739, as added Oct. 13, 1992,
References in Text
Prior Provisions
A prior section 293c, act July 1, 1944, ch. 373, title VII, §723, as added Sept. 24, 1963,
A prior section 739 of act July 1, 1944, was classified to
Section Referred to in Other Sections
This section is referred to in
§293d. Educational assistance regarding undergraduates
(a) In general
(1) Authority for grants
For the purpose of assisting individuals from disadvantaged backgrounds, as determined in accordance with criteria prescribed by the Secretary, to undertake education to enter a health profession, the Secretary may make grants to and enter into contracts with schools of medicine, osteopathic medicine, public health, dentistry, veterinary medicine, optometry, pharmacy, allied health, chiropractic, and podiatric medicine, public and nonprofit private schools which offer graduate programs in clinical psychology, and other public or private nonprofit health or educational entities to assist in meeting the costs described in paragraph (2).
(2) Authorized expenditures
A grant or contract under paragraph (1) may be used by the health or educational entity to meet the cost of—
(A) identifying, recruiting, and selecting individuals from disadvantaged backgrounds, as so determined, for education and training in a health profession,
(B) facilitating the entry of such individuals into such a school,
(C) providing counseling or other services designed to assist such individuals to complete successfully their education at such a school,
(D) providing, for a period prior to the entry of such individuals into the regular course of education of such a school, preliminary education designed to assist them to complete successfully such regular course of education at such a school, or referring such individuals to institutions providing such preliminary education,
(E) publicizing existing sources of financial aid available to students in the education program of such a school or who are undertaking training necessary to qualify them to enroll in such a program,
(F) paying such scholarships as the Secretary may determine for such individuals for any period of health professions education at a school of medicine, osteopathic medicine, or dentistry,1
(G) paying such stipends as the Secretary may approve for such individuals for any period of education in student-enhancement programs (other than regular courses) at any school described in subsection (a)(1) of this section, except that such a stipend may not be provided to an individual for more than 12 months, and such a stipend shall be in an amount of $40 per day (notwithstanding any other provision of law regarding the amount of stipends).
The term "regular course of education of such a school" as used in subparagraph (D) includes a graduate program in clinical psychology.
(b) Requirements regarding enrollment; priority in making grants
(1) Increased enrollment of individuals from disadvantaged backgrounds
Schools of medicine, osteopathic medicine, public health, dentistry, veterinary medicine, optometry, pharmacy, allied health, chiropractic, podiatric medicine and public and nonprofit schools that offer graduate programs in clinical psychology that receive a grant under subsection (a) of this section shall, during a period of 3 years commencing on the date of the award of the grant, increase their first year enrollments of individuals from disadvantaged backgrounds by at least 20 percent over enrollments in the base year 1987.
(2) Conditions for schools to receive priority
The Secretary shall give priority for funding, in years subsequent to the expiration of the 3-year period described in paragraph (1)—
(A) to schools that attain such increase in their first year enrollment by the end of such 3-year period, and
(B) to schools that attain a 20 percent increase over such base year enrollment.
(3) Applicability of certain condition for priority
The requirement for at least a 20 percent increase in such enrollment shall apply only to those schools referred to in paragraph (1) that have a proportionate enrollment of such individuals from disadvantaged backgrounds that is less than 200 percent of the national average percentage of such individuals in all schools of each health professions discipline.
(4) Determination of enrollment
Determination of both first year and total enrollment of such individuals shall be made by the Secretary in accordance with
(c) Equitable allocation of financial assistance
The Secretary shall ensure that services and activities under subsection (a) of this section are equitably allocated among the various racial and ethnic populations.
(d) Funding
(1) Authorization of appropriations
For the purpose of grants and contracts under subsection (a)(1) of this section, there is authorized to be appropriated $31,500,000 for fiscal year 1993.
(2) Allocations
Of the amounts appropriated under paragraph (1) for any fiscal year, the Secretary shall obligate amounts in accordance with the following:
(A) 70 percent shall be obligated for grants or contracts to institutions of higher education.
(B) 20 percent shall be obligated for scholarships under subsection (a)(2)(F) of this section to individuals of exceptional financial need (as defined by the Secretary under
(C) 10 percent shall be obligated for community-based programs.
(D) Not more than 5 percent may be obligated for grants and contracts having the primary purpose of informing individuals about the existence and general nature of health careers.
(July 1, 1944, ch. 373, title VII, §740, as added Oct. 13, 1992,
Prior Provisions
A prior section 293d, act July 1, 1944, ch. 373, title VII, §724, formerly §727, as added Sept. 24, 1963,
Another prior section 293d, act July 1, 1944, ch. 373, title VII, §701, formerly §724, as added Sept. 24, 1963,
A prior section 740 of act July 1, 1944, was classified to
Sections 293e and 293f were omitted in the general revision of this subchapter by
Section 293e, act July 1, 1944, ch. 373, title VII, §725, formerly §728, as added Sept. 24, 1963,
A prior section 293e, act July 1, 1944, ch. 373, title VII, §702, formerly §725, as added Sept. 24, 1963,
Section 293f, act July 1, 1944, ch. 373, title VII, §726, formerly §729, as added Nov. 18, 1971,
A prior section 293f, act July 1, 1944, ch. 373, title VII, §726, as added Sept. 24, 1963,
Section 293g, act July 1, 1944, ch. 373, title VII, §727, as added Sept. 24, 1963,
Section 293h, act July 1, 1944, ch. 373, title VII, §728, as added Sept. 24, 1963,
Section 293i, act July 1, 1944, ch. 373, title VII, §729, as added Nov. 18, 1971,
1 So in original. Probably should be followed by "and".
Part C—Training in Primary Health Care
§293j. Area health education center programs
(a) Authority for provision of financial assistance
(1) Assistance for planning, development, and operation of programs
(A) The Secretary shall provide financial assistance to schools of medicine and osteopathic medicine for the planning, development, and operation of area health education center programs.
(B)(i) Subject to clause (ii), the period during which payments are made from an award under subparagraph (A) may not exceed 12 years. The provision of the payments shall be subject to annual approval by the Secretary of the payments and subject to the availability of appropriations for the fiscal year involved to make the payments. The preceding sentence may not be construed as establishing a limitation on the number of awards under such subparagraph that may be made to the school involved.
(ii) In the case of an area health education center planned, developed, or operated with an award under subparagraph (A), the period during which the award is expended for the center may not exceed 6 years.
(2) Assistance for certain projects of existing programs
(A) The Secretary shall provide financial assistance to schools of medicine and osteopathic medicine—
(i) which have previously received Federal financial assistance for an area health education center program under section 802 of the Health Professions Educational Assistance Act of 1976 in fiscal year 1979 or under paragraph (1), or
(ii) which are receiving assistance under paragraph (1),
to carry out projects described in subparagraph (B) through area health education centers for which Federal financial assistance was provided under paragraph (1) and which are no longer eligible to receive such assistance.
(B) Projects for which assistance may be provided under subparagraph (A) are—
(i) projects to improve the distribution, supply, quality, utilization, and efficiency of health personnel in the health services delivery system;
(ii) projects to encourage the regionalization of educational responsibilities of the health professions schools; and
(iii) projects designed to prepare, through preceptorships and other programs, individuals subject to a service obligation under the National Health Service Corps Scholarship Program to effectively provide health services in health professional shortage areas.
(C) In the case of the requirement established in section 3804(e)(1) of part 57 of title 42, Code of Federal Regulations (42 CFR 57.3804(e)(1)) (relating to the location of area health education centers), the Secretary shall waive such requirement with respect to an area health education center having, at the time of initial application for financial assistance under this section or under a previous authorizing law, an operating program supported by both appropriations of a State legislature and local resources.
(3) Assistance for operation of model programs
(A) In the case of any school of medicine or osteopathic medicine that is operating an area health education center program and that is not receiving financial assistance under paragraph (1), the Secretary may provide financial assistance to the school for the costs of operating the program, and for carrying out activities described in subparagraph (E), if the school makes the agreements described in subparagraphs (B) through (D).
(B)(i) For purposes of subparagraph (A), the agreement described in this subparagraph for a school is that, with respect to the costs of operating the area health education center program of the school, the school will make available (directly or through donations from public or private entities) non-Federal contributions in cash toward such costs in an amount that is not less than 50 percent of such costs.
(ii) Amounts provided by the Federal Government may not be included in determining the amount of non-Federal contributions in cash made for purposes of the requirement established in clause (i).
(C) For purposes of subparagraph (A), the agreement described in this subparagraph for a school is that, in operating the area health education program of the school, the school will—
(i) coordinate the activities of the program with the activities of any office of rural health established by the State or States in which the program is operating;
(ii) conduct health professions education and training activities consistent with national and State priorities in the area served by the program in coordination with the National Health Service Corps, entities receiving funds under
(iii) cooperate with any entities that are in operation in the area served by the program and that receive Federal or State funds to carry out activities regarding the recruitment and retention of health care providers.
(D) For purposes of subparagraph (A), the agreement described in this subparagraph for a school is that, with respect to the costs of operating the area health education center program of the school, the school will maintain expenditures of non-Federal amounts for such costs at a level that is not less than the level of such expenditures maintained by the school for the fiscal year preceding the first fiscal year for which the school receives an award under subparagraph (A).
(E) A school may expend not more than 10 percent of an award under subparagraph (A) for demonstration projects for any or all of the following purposes:
(i) The establishment of computer-based information programs or telecommunication networks that will link health science centers and service delivery sites.
(ii) The provision of disease specific educational programs for health providers and students in areas of concern to the United States.
(iii) The development of information dissemination models to make available new information and technologies emerging from biological research centers to the practicing medical community.
(iv) The institution of new minority recruitment and retention programs, targeted to improved service delivery in areas the program determines to be medically underserved.
(v) The establishment of programs to place physicians from health manpower shortage areas into similar areas to encourage retention of physicians and to provide flexibility to States in filling positions in health professional shortage areas.
(vi) The establishment or improvement of education and training programs for State emergency medical systems.
(vii) The establishment of programs to train health care providers in the identification and referral of cases of domestic violence.
(F) The aggregate amount of awards provided under subparagraph (A) to schools in a State for a fiscal year may not exceed the lesser of—
(i) $2,000,000; and
(ii) an amount equal to the product of $250,000 and the aggregate number of area health education centers operated in the State by the schools.
(b) Structure of programs
(1) In general
An area health education center program shall be a cooperative program of one or more medical (M.D. and D.O.) schools and one or more nonprofit private or public area health education centers.
(2) Certain requirements
With respect to an area health education center program, a school may not receive an award under paragraph (1) of subsection (a) of this section for operational expenses, or an award under paragraph (2) or (3) of such subsection, unless the program—
(A) maintains preceptorship educational experiences for health science students;
(B) maintains community-based primary care residency programs or is affiliated with such programs;
(C) maintains continuing education programs for health professionals or coordinates with such programs;
(D) maintains learning resource and dissemination systems for information identification and retrieval;
(E) has agreements with community-based organizations for the delivery of education and training in the health professions;
(F) is involved in the training of health professionals (including nurses and allied health professionals), except to the extent inconsistent with the law of the State in which the training is conducted; and
(G) carries out recruitment programs for the health science professions, or programs for health-career awareness, among minority and other elementary or secondary students from areas the program has determined to be medically underserved.
(c) Requirements for schools
Each medical (M.D. and D.O.) school participating in an area health education center program shall—
(1) provide for the active participation in such program by individuals who are associated with the administration of the school and each of the departments (or specialties if the school has no such departments) of internal medicine, pediatrics, obstetrics and gynecology, surgery, psychiatry, and family medicine;
(2) provide that no less than 10 percent of all undergraduate medical (M.D. and D.O.) clinical education of the school will be conducted in an area health education center and at locations under the sponsorship of such center;
(3) be responsible for, or conduct, a program for the training of physician assistants (as defined in
(4) provide for the active participation of at least 2 schools or programs of other health professions (including a school of dentistry and a graduate program of mental health practice if there are ones affiliated with the university with which the school of medicine or osteopathic medicine is affiliated) in the educational program conducted in the area served by the area health education center.
The requirement of paragraph (3) shall not apply to a medical (M.D. and D.O.) school participating in an area health education center program if another such school participating in the same program meets the requirement of that paragraph.
(d) Requirements for centers
(1) Service area
Each area health education center shall specifically designate a geographic area in which it will serve, or shall specifically designate a medically underserved population it will serve (such area or population with respect to such center in this section referred to as "the area served by the center"), which area or population is in a location remote from the main site of the teaching facilities of the school or schools which participate in the program with such center.
(2) Other requirements
Each area health education center shall—
(A) provide for or conduct training in health education services, including education in nutrition evaluation and counseling, in the area served by the center;
(B) assess the health manpower needs of the area served by the center and assist in the planning and development of training programs to meet such needs;
(C) provide for or conduct a rotating osteopathic internship or a medical residency training program in family medicine, general internal medicine, or general pediatrics in which no fewer than four individuals are enrolled in first-year positions in such program;
(D) provide opportunities for continuing medical education (including education in disease prevention) to all physicians and other health professionals (including allied health personnel) practicing within the area served by the center;
(E) provide continuing medical education and other educational support services to the National Health Service Corps members serving within the area served by the center;
(F) conduct interdisciplinary training and practice involving physicians and other health personnel including, where practicable, physician assistants, nurse practitioners, and nurse midwives;
(G) arrange and support educational opportunities for medical and other students at health facilities, ambulatory care centers, and health agencies throughout the area served by the center; and
(H) have an advisory board of which at least 75 percent of the members shall be individuals, including both health service providers and consumers, from the area served by the center.
Any area health education center which is participating in an area health education center program in which another center has a medical residency training program described in subparagraph (C) need not provide for or conduct such a medical residency training program.
(e) Certain provisions regarding funding
(1) Programs
Subject to paragraph (2), in providing financial assistance under this section to a school, the Secretary shall assure that—
(A) at least 75 percent of the total funds provided to the school are expended by an area health education center program in the area health education centers, and that the school enters into an agreement with each of such centers for purposes of specifying the allocation of such 75 percent;
(B) with respect to the operating costs of the area health education program of the school, non-Federal contributions for such costs are made in an amount that is not less than 25 percent of such costs; and
(C) no award provides funds solely for the planning or development of such a program for a period exceeding two years.
The Secretary may vest in entities which have received financial assistance under section 802 of the Health Professions Educational Assistance Act of 1976,
(2) Centers
With respect to the period during which an area health education center is planned, developed or operated pursuant to an award under subsection (a)(1) of this section, not more than 55 percent of the total amounts expended for the center in any fifth or sixth year of such period may be provided by the Secretary, subject to paragraph (3).
(3) Applicability of provision regarding centers
Paragraph (2) shall apply only in the case of an area health education center program for which the initial award under subsection (a)(1) of this section is provided on or after October 13, 1992.
(f) Health education and training centers
(1) In general
The Secretary shall provide financial assistance to schools of medicine and osteopathic medicine for the purpose of planning, developing, establishing, maintaining, and operating health education and training centers—
(A) to improve the supply, distribution, quality, and efficiency of personnel providing health services in the State of Florida or (in the United States) along the border between the United States and Mexico;
(B) to improve the supply, distribution, quality, and efficiency of personnel providing, in other urban and rural areas (including frontier areas) of the United States, health services to any population group, including Hispanic individuals, that has demonstrated serious unmet health care needs; and
(C) to encourage health promotion and disease prevention through public education in the areas described.
(2) Arrangements with other entities
The Secretary may not provide financial assistance under paragraph (1) unless the applicant for such assistance agrees, in carrying out the purpose described in such paragraph, to enter into arrangements with one or more public or nonprofit private entities in the State that have expertise in providing health education to the public.
(3) Service area
The Secretary shall, after consultation with health education and training centers, designate the geographic area in which each such center will carry out the purpose described in paragraph (1). The service area of such a center shall be located entirely within the State in which the center is located. Each border health education and training center shall be located in a county (or other political subdivision) of the State in close proximity to the border between the United States and Mexico.
(4) Advisory group; operational plan
The Secretary may not provide financial assistance under paragraph (1) unless the applicant for such assistance agrees—
(A) to establish an advisory group comprised of health service providers, educators and consumers from the service area and of faculty from participating schools;
(B) after consultation with such advisory group, to develop a plan for carrying out the purpose described in paragraph (1) in the service area;
(C) to enter into contracts, as needed, with other institutions or entities to carry out such plan; and
(D) to be responsible for the evaluation of the program.
(5) Certain activities
The Secretary may not provide financial assistance under paragraph (1) unless the applicant for such assistance agrees—
(A) to evaluate the specific service needs for health care personnel in the service area;
(B) to assist in the planning, development, and conduct of training programs to meet the needs identified pursuant to subparagraph (A);
(C) to conduct or support not less than one training and education program for physicians and one program for nurses for at least a portion of the clinical training of such students;
(D) to conduct or support training in health education services, including training to prepare community health workers to implement health education programs in communities, health departments, health clinics, and public schools that are located in the service area;
(E) to conduct or support continuing medical education programs for physicians and other health professionals (including allied health personnel) practicing in the service area;
(F) to support health career educational opportunities designed to provide students residing in the service area with counseling, education, and training in the health professions;
(G) with respect to border health education and training centers, to assist in coordinating its activities and programs carried out pursuant to paragraph (1)(A) with any similar programs and activities carried out in Mexico along the border between the United States and Mexico;
(H) to make available technical assistance in the service area in the aspects of health care organization, financing and delivery; and
(I) in the case of any school of public health located in the service area of the health education and training center operated with the assistance, to permit any such school to participate in the program of the center if the school makes a request to so participate.
(6) Allocation of funds by centers
In carrying out this subsection, the Secretary shall ensure that—
(A) not less than 75 percent of the total funds provided to a school or schools of medicine or osteopathic medicine will be expended in the development and operation of the health education and training center in the service area of such program;
(B) to the maximum extent feasible, the school of medicine or osteopathic medicine will obtain from nongovernmental sources the amount of the total operating funds for such program which are not provided by the Secretary;
(C) no award shall provide funds solely for the planning or development of a health education and training center program for a period in excess of two years;
(D) not more than 10 percent of the annual budget of each program may be utilized for the renovation and equipping of clinical teaching sites; and
(E) no award shall provide funds to be used outside the United States except as the Secretary may prescribe for travel and communications purposes related to the conduct of a border health education and training center.
(7) Definitions
For purposes of this subsection:
(A) The term "border health education and training center" means an entity that is a recipient of an award under paragraph (1) and that is carrying out (or will carry out) the purpose described in subparagraph (A) of such paragraph.
(B) The term "health education and training center" means an entity that is a recipient of an award under paragraph (1).
(C) The term "service area" means, with respect to a health education and training center, the geographic area designated for the center under paragraph (3).
(8) Allocation of funds by Secretary
(A) Of the amounts appropriated pursuant to subsection (i)(2) of this section for a fiscal year, the Secretary shall make available 50 percent for allocations each fiscal year for applications approved by the Secretary for border health education and training centers. The amount of the allocation for each such center shall be determined in accordance with subparagraph (B).
(B) The amount of an allocation under subparagraph (A) for a fiscal year shall be determined in accordance with a formula prescribed by the Secretary, which formula shall be based—
(i) with respect to the service area of the border health education and training center involved, on the low-income population, including Hispanic individuals, in the State of Florida and along the border between the United States and Mexico, and the growth rate of such population;
(ii) on the need of such population for additional personnel to provide health care services along such border; and
(iii) on the most current information concerning mortality and morbidity and other indicators of health status for such population.
(g) Definitions
For purposes of this section:
(1) The term "area health education center program" means a program which is organized as provided in subsection (b) of this section and under which the participating medical (M.D. and D.O.) schools and the area health education centers meet the requirements of subsections (c) and (d) of this section.
(2) The term "award" means an award of financial assistance.
(3) The term "financial assistance" means a grant, cooperative agreement, or contract.
(h) Criteria and standards
The Secretary shall establish standards and criteria for the requirements of this section.
(i) Authorization of appropriations
(1) Area health education center programs
(A) For the purpose of carrying out this section other than subsection (f) of this section, there is authorized to be appropriated $25,000,000 for each of the fiscal years 1993 through 1995.
(B) Of the amounts appropriated under paragraph (1) for a fiscal year, the Secretary may not obligate more than 20 percent for awards under subsection (a)(2) of this section.
(C) Of the amounts appropriated under paragraph (1) for fiscal year 1993, the Secretary shall obligate for awards under subsection (a)(3) of this section such amounts as are appropriated in excess of $19,200,000. Of the amounts appropriated under paragraph (1) for each of the fiscal years 1994 and 1995, the Secretary shall obligate for such awards such amounts as are appropriated in excess of $18,700,000.
(2) Health education and training centers
For the purpose of carrying out subsection (f) of this section, there is authorized to be appropriated $5,000,000 for each of the fiscal years 1993 through 1995.
(July 1, 1944, ch. 373, title VII, §746, as added Oct. 13, 1992,
References in Text
Section 802 of the Health Professions Educational Assistance Act of 1976, referred to in subsecs. (a)(2)(A)(i) and (e)(1), is section 802 of
Prior Provisions
A prior section 746 of act July 1, 1944, was classified to
Amendments
1993—Subsec. (i)(1).
1992—Subsec. (a)(2)(A).
Subsec. (a)(2)(A)(i).
Subsec. (i)(1).
Effective Date of 1992 Amendment
Amendment by
§293k. Family medicine
(a) Training generally
The Secretary may make grants to, or enter into contracts with, any public or nonprofit private hospital, school of medicine or osteopathic medicine, or to or with a public or private nonprofit entity (which the Secretary has determined is capable of carrying out such grant or contract)—
(1) to plan, develop, and operate, or participate in, an approved professional training program (including an approved residency or internship program) in the field of family medicine for medical (M.D. and D.O.) students, interns (including interns in internships in osteopathic medicine), residents, or practicing physicians;
(2) to provide financial assistance (in the form of traineeships and fellowships) to medical (M.D. and D.O.) students, interns (including interns in internships in osteopathic medicine), residents, practicing physicians, or other medical personnel, who are in need thereof, who are participants in any such program, and who plan to specialize or work in the practice of family medicine;
(3) to plan, develop, and operate a program for the training of physicians who plan to teach in family medicine training programs; and
(4) to provide financial assistance (in the form of traineeships and fellowships) to physicians who are participants in any such program and who plan to teach in a family medicine training program.
(b) Academic administrative units
(1) In general
The Secretary may make grants to or enter into contracts with schools of medicine or osteopathic medicine to meet the costs of projects to establish, maintain, or improve academic administrative units (which may be departments, divisions, or other units) to provide clinical instruction in family medicine.
(2) Preference in making awards
In making awards of grants and contracts under paragraph (1), the Secretary shall give preference to any qualified applicant for such an award that agrees to expend the award for the purpose of—
(A) establishing an academic administrative unit for programs in family medicine; or
(B) substantially expanding the programs of such a unit.
(c) Duration of award
The period during which payments are made to an entity from an award of a grant or contract under subsection (a) of this section may not exceed 5 years. The provision of such payments shall be subject to annual approval by the Secretary of the payments and subject to the availability of appropriations for the fiscal year involved to make the payments.
(d) Funding
(1) Authorization of appropriations
For the purpose of carrying out this section, there is authorized to be appropriated $54,000,000 for each of the fiscal years 1993 through 1995.
(2) Allocation
Of the amounts appropriated under paragraph (1) for a fiscal year, the Secretary shall make available not less than 20 percent for awards of grants and contracts under subsection (b) of this section.
(July 1, 1944, ch. 373, title VII, §747, as added Oct. 13, 1992,
Prior Provisions
A prior section 747 of act July 1, 1944, was classified to
Section Referred to in Other Sections
This section is referred to in
§293l. General internal medicine and general pediatrics
(a) In general
The Secretary may make grants to and enter into contracts with schools of medicine and osteopathic medicine, public or private nonprofit hospitals, or any other public or private nonprofit entity to meet the costs of projects—
(1) to plan, develop, and operate, or participate in, an approved professional training program (including an approved residency or internship program) in the field of internal medicine or pediatrics for medical (M.D. and D.O.) students, interns (including interns in internships in osteopathic medicine), residents, or practicing physicians, which training program emphasizes training for the practice of general internal medicine or general pediatrics (as defined by the Secretary in regulations);
(2) to provide financial assistance (in the form of traineeships and fellowships) to medical (M.D. and D.O.) students, interns (including interns in internships in osteopathic medicine), residents, practicing physicians, or other medical personnel, who are in need thereof, who are participants in any such training program, and who plan to specialize in or work in the practice of general internal medicine or general pediatrics;
(3) to plan, develop, and operate a program for the training of physicians who will teach in a general internal medicine or general pediatrics training program; and
(4) which provide financial assistance (in the form of traineeships and fellowships) to physicians who are participants in any such program and who plan to teach in a general internal medicine or general pediatrics training program.
(b) Duration of award
The period during which payments are made to an entity from an award of a grant or contract under subsection (a) of this section may not exceed 5 years. The provision of such payments shall be subject to annual approval by the Secretary of the payments and subject to the availability of appropriations for the fiscal year involved to make the payments.
(c) Authorization of appropriations
For the purpose of carrying out this section, there is authorized to be appropriated $25,000,000 for each of the fiscal years 1993 through 1995.
(July 1, 1944, ch. 373, title VII, §748, as added Oct. 13, 1992,
Prior Provisions
A prior section 748 of act July 1, 1944, was classified to
Amendments
1992—Subsec. (a).
Effective Date of 1992 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§293m. General practice of dentistry
(a) In general
The Secretary may make grants to, and enter into contracts with, any public or nonprofit private school of dentistry or accredited postgraduate dental training institution—
(1) to plan, develop, and operate an approved residency program in the general practice of dentistry or an approved advanced educational program in the general practice of dentistry;
(2) to provide financial assistance (in the form of traineeships and fellowships) to participants in such a program who are in need of financial assistance and who plan to specialize in the practice of general dentistry; and
(3) to fund innovative, nontraditional models for the provision of postdoctoral General Dentistry training.
(b) Authorization of appropriations
For the purpose of carrying out this section, there is authorized to be appropriated $6,000,000 for each of the fiscal years 1993 through 1995.
(July 1, 1944, ch. 373, title VII, §749, as added Oct. 13, 1992,
Prior Provisions
A prior section 749 of act July 1, 1944, was classified to
Section Referred to in Other Sections
This section is referred to in
§293n. Physician assistants
(a) In general
The Secretary may make grants to and enter into contracts with public or nonprofit private schools of medicine and osteopathic medicine and other public or nonprofit private entities to meet the costs of projects to plan, develop, and operate or maintain programs—
(1) for the training of physician assistants (as defined in
(2) for the training of individuals who will teach programs of such training.
(b) Regulations
After consultation with appropriate organizations, the Secretary shall prescribe regulations for programs receiving assistance under subsection (a) of this section for the training of physician assistants. Such regulations shall, as a minimum, require that such a program—
(1) extend for at least one academic year and consist of—
(A) supervised clinical practice; and
(B) at least four months (in the aggregate) of classroom instruction, directed toward preparing students to deliver health care;
(2) have an enrollment of not less than eight students; and
(3) train students in primary care, disease prevention, health promotion, geriatric medicine, and home health care.
(c) Placement of graduates
No grant or contract may be made under subsection (a) of this section unless the school or other entity involved provides assurances satisfactory to the Secretary that the school or entity has appropriate mechanisms for placing graduates of the training program with respect to which the application is submitted in positions for which they have been trained.
(d) Funding
(1) Authorization of appropriations
For the purpose of carrying out this section, there is authorized to be appropriated $9,000,000 for each of the fiscal years 1993 through 1995.
(2) Limitation
Not more than 10 percent of the amounts appropriated under paragraph (1) may be expended for carrying out subsection (a)(2) of this section.
(July 1, 1944, ch. 373, title VII, §750, as added Oct. 13, 1992,
Section Referred to in Other Sections
This section is referred to in
§293o. Podiatric medicine
(a) In general
The Secretary may make grants to, and enter into contracts with, public and nonprofit private hospitals and schools of podiatric medicine for the purpose of planning and implementing projects in primary care training for podiatric physicians in approved or provisionally approved residency programs which shall provide financial assistance in the form of traineeships to residents who participate in such projects and who plan to specialize in primary care.
(b) Preference in making grants
In making grants under subsection (a) of this section, the Secretary shall give preference to qualified applicants that provide clinical training in podiatric medicine in a variety of medically underserved communities.
(c) Authorization of appropriations
For the purpose of carrying out this section, there is authorized to be appropriated $1,000,000 for each of the fiscal years 1993 through 1995.
(July 1, 1944, ch. 373, title VII, §751, as added Oct. 13, 1992,
Prior Provisions
A prior section 751 of act July 1, 1944, was classified to
Another prior section 751 of act July 1, 1944, was classified to
Section Referred to in Other Sections
This section is referred to in
§293p. General provisions
(a) Traineeships and fellowships
(1) Traineeships
Payments by recipients of grants or contracts under this part for traineeships shall be limited to such amounts as the Secretary finds necessary to cover the cost of tuition and fees of, and stipends and allowances (including travel and subsistence expenses and dependency allowances) for the trainees.
(2) Fellowships
Payments by recipients of grants or contracts under this part for fellowships shall be limited to such amounts as the Secretary finds necessary to cover the cost of advanced study by, and stipends and allowances (including travel and subsistence expenses and dependency allowances) for, the fellows.
(b) Amount of grant
The amount of any grant or contract under this part shall be determined by the Secretary.
(July 1, 1944, ch. 373, title VII, §752, as added Oct. 13, 1992,
Prior Provisions
A prior section 752 of act July 1, 1944, was classified to
Part D—Training in Certain Health Professions
subpart i—public health and preventive medicine
§294. Public health traineeships
(a) In general
The Secretary may make grants to accredited schools of public health, and to other public or nonprofit private institutions accredited for the provision of graduate or specialized training in public health, for the purpose of assisting such schools and institutions in providing traineeships to individuals described in subsection (b)(3) of this section.
(b) Certain requirements
(1) Application for grant
No grant for traineeships may be made under subsection (a) of this section unless an application therefor has been submitted to, and approved by, the Secretary. Such application shall be in such form, be submitted in such manner, and contain such information, as the Secretary by regulation may prescribe. Traineeships under such a grant shall be awarded in accordance with such regulations as the Secretary shall prescribe. The amount of any such grant shall be determined by the Secretary.
(2) Use of grant
Traineeships awarded under grants made under subsection (a) of this section shall provide for tuition and fees and such stipends and allowances (including travel and subsistence expenses and dependency allowances) for the trainees as the Secretary may deem necessary.
(3) Eligible individuals
The individuals referred to in subsection (a) of this section are individuals who are pursuing a course of study in a health professions field in which there is a severe shortage of health professionals (which fields include the fields of epidemiology, environmental health, biostatistics, toxicology, nutrition, and maternal and child health).
(July 1, 1944, ch. 373, title VII, §761, as added Oct. 13, 1992,
Prior Provisions
A prior section 294, act July 1, 1944, ch. 373, title VII, §727, as added Oct. 12, 1976,
Another prior section 294, act July 1, 1944, ch. 373, title VII, §740, as added Sept. 24, 1963,
A prior section 761 of act July 1, 1944, was classified to
Another prior section 761 of act July 1, 1944, was classified to
Another prior section 761 of act July 1, 1944, was classified to
Amendments
1993—Subsec. (b)(3).
§294a. Public health special projects
(a) In general
The Secretary may make grants to and enter into contracts with accredited schools of public health for the costs of planning, developing, demonstrating, operating, and evaluating projects that are in furtherance of the goals established by the Secretary for the year 2000 in the area of—
(1) preventive medicine;
(2) health promotion and disease prevention;
(3) improving access to and quality of health services in medically underserved communities; or
(4) reducing the incidence of domestic violence.
(b) Preferences in making awards
In making awards of grants and contracts under subsection (a) of this section, the Secretary shall give preference to qualified schools agreeing that the project for which the award is made—
(1) will establish or strengthen field placements for students in public or nonprofit private health agencies or organizations; and
(2) will involve faculty members and students in collaborative projects to enhance public health services to medically underserved communities.
(c) Participation and training of students
The Secretary may make an award of a grant or contract under subsection (a) of this section only if the school involved agrees that the students of the school will, through participation in the project for which the award is made, receive training in the activities carried out by the project.
(d) Application for award
The Secretary may make an award of a grant or contract under subsection (a) of this section only if an application for the award is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this section.
(e) Establishment of goals; related reports
(1) Goals
(A) The Secretary shall establish goals for projects under subsection (a) of this section (including goals regarding the training of students), and shall require that, as a condition of the receipt of grants and contracts under such subsection, schools carry out activities in furtherance of meeting the goals.
(B) The Secretary shall establish and implement a methodology for measuring the extent of progress that has been made toward the goals established under subparagraph (A) by schools receiving grants or contracts under subsection (a) of this section.
(2) Reports
Not later than February 1, 1994, the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives, and the Committee on Labor and Human Resources of the Senate, a report describing the progress made by projects under subsection (a) of this section during the preceding fiscal years toward the goals established under paragraph (1). For purposes of the report, the extent of such progress shall be measured through the methodology established under subparagraph (B) of such paragraph.
(July 1, 1944, ch. 373, title VII, §762, as added Oct. 13, 1992,
Prior Provisions
A prior section 294a, act July 1, 1944, ch. 373, title VII, §728, as added Oct. 12, 1976,
Another prior section 294a, act July 1, 1944, ch. 373, title VII, §741, as added Sept. 24, 1963,
A prior section 762 of act July 1, 1944, was classified to
Another prior section 762 of act July 1, 1944, was classified to
Change of Name
Committee on Energy and Commerce of House of Representatives changed to Committee on Commerce of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Section Referred to in Other Sections
This section is referred to in
§294b. Preventive medicine; dental public health
(a) In general
The Secretary may make grants to and enter into contracts with schools of medicine, osteopathic medicine, public health, and dentistry to meet the costs of projects—
(1) to plan and develop new residency training programs and to maintain or improve existing residency training programs in preventive medicine and dental public health; and
(2) to provide financial assistance to residency trainees enrolled in such programs.
(b) Administration
(1) Amount
The amount of any grant under subsection (a) of this section shall be determined by the Secretary.
(2) Application
No grant may be made under subsection (a) of this section unless an application therefor is submitted to and approved by the Secretary. Such an application shall be in such form, submitted in such manner, and contain such information, as the Secretary shall by regulation prescribe.
(3) Eligibility
To be eligible for a grant under subsection (a) of this section, the applicant must demonstrate to the Secretary that it has or will have available full-time faculty members with training and experience in the fields of preventive medicine or dental public health and support from other faculty members trained in public health and other relevant specialties and disciplines.
(4) Other funds
Schools of medicine, osteopathic medicine, dentistry, and public health may use funds committed by State, local, or county public health officers as matching amounts for Federal grant funds for residency training programs in preventive medicine.
(July 1, 1944, ch. 373, title VII, §763, as added Oct. 13, 1992,
Prior Provisions
A prior section 294b, act July 1, 1944, ch. 373, title VII, §729, as added Oct. 12, 1976,
Another prior section 294b, act July 1, 1944, ch. 373, title VII, §742, as added Sept. 24, 1963,
A prior section 763 of act July 1, 1944, was classified to
Another prior section 763 of act July 1, 1944, was classified to
Section Referred to in Other Sections
This section is referred to in
§294c. Authorization of appropriations
(a) In general
For the purpose of carrying out this subpart, there is authorized to be appropriated $15,500,000 for each of the fiscal years 1993 through 1995.
(b) Limitation regarding certain program
In obligating amounts appropriated under subsection (a) of this section, the Secretary may not obligate more than 40 percent for carrying out
(July 1, 1944, ch. 373, title VII, §765, as added Oct. 13, 1992,
Prior Provisions
A prior section 294c, act July 1, 1944, ch. 373, title VII, §730, as added Oct. 12, 1976,
Another prior section 294c, act July 1, 1944, ch. 373, title VII, §743, as added Sept. 24, 1963,
A prior section 765 of act July 1, 1944, was classified to
Another prior section 765 of act July 1, 1944, was classified to
subpart ii—allied health professions
§294d. Advanced training
(a) In general
The Secretary may award grants to and enter into contracts with eligible entities to assist such entities in meeting the costs associated with projects designed to—
(1) plan, develop, establish or expand postbaccalaureate programs for the advanced training of allied health professionals; and
(2) provide financial assistance, in the form of traineeships or fellowships, to postbaccalaureate students who are participants in any such program and who commit to teaching in the allied health profession involved.
(b) Preference
In awarding grants under subsection (a) of this section, the Secretary shall give preference to qualified projects demonstrating that not less than 50 percent of the graduates of such schools or programs during the preceding 2-year period are engaged as full-time teaching faculty in an allied health shortage specialty.
(c) Limitation
The Secretary shall limit grants and contracts awarded or entered into under subsection (a) of this section to those allied health fields or specialties as the Secretary shall, from time to time, determine to have—
(1) the most significant national or regional shortages of practitioners;
(2) insufficient numbers of qualified faculty in entry level or advanced educational programs; or
(3) a significant role in the care and rehabilitation of patients who are elderly or disabled including physical therapists and occupational therapists.
(d) Eligible entities
For purposes of this section, the term "eligible entities" means entities that are—
(1) public or private nonprofit schools, universities, or other educational entities that provide for education and training in the allied health professions and that meet such standards as the Secretary may by regulation prescribe; or
(2) public or nonprofit private entities capable, as determined by the Secretary, of carrying out projects described in subsection (a) of this section.
(e) Authorization of appropriations
For the purpose of carrying out this section, there is authorized to be appropriated $5,000,000 for each of the fiscal years 1993 through 1995.
(July 1, 1944, ch. 373, title VII, §766, as added Oct. 13, 1992,
Prior Provisions
A prior section 294d, act July 1, 1944, ch. 373, title VII, §731, as added Oct. 12, 1976,
Another prior section 294d, act July 1, 1944, ch. 373, title VII, §744, as added Sept. 24, 1963,
A prior section 766 of act July 1, 1944, was classified to
Another prior section 766 of act July 1, 1944, was classified to
Section Referred to in Other Sections
This section is referred to in
§294e. Project grants and contracts
(a) Projects related to strengthening training and increasing enrollment in allied health professions
The Secretary may make grants to and enter into contracts with eligible entities to assist such entities in meeting the costs associated with expanding or establishing programs that will increase the number of individuals trained in allied health professions. Programs and activities funded under this section may include—
(1) those that expand enrollments in allied health professions with the greatest shortages or whose services are most needed by the elderly;
(2) those that provide rapid transition training programs in allied health fields to individuals who have baccalaureate degrees in health-related sciences;
(3) those that establish community-based allied health training programs that link academic centers to rural clinical settings;
(4) those that provide career advancement training for practicing allied health professionals;
(5) those that expand or establish clinical training sites for allied health professionals in medically underserved or rural communities in order to increase the number of individuals trained;
(6) those that develop curriculum that will emphasize knowledge and practice in the areas of prevention and health promotion, geriatrics, long-term care, home health and hospice care, and ethics;
(7) those that expand or establish interdisciplinary training programs that promote the effectiveness of allied health practitioners in geriatric assessment and the rehabilitation of the elderly;
(8) those that expand or establish demonstration centers to emphasize innovative models to link allied health clinical practice, education, and research; and
(9) those that provide financial assistance (in the form of traineeships) to students who are participants in any such program; and
(A) who plan to pursue a career in an allied health field that has a demonstrated personnel shortage; and
(B) who agree upon completion of the training program to practice in a medically underserved community;
that shall be utilized to assist in the payment of all or part of the costs associated with tuition, fees and such other stipends as the Secretary may consider necessary.
(b) Application
(1) Requirement
No grant may be awarded or contract entered into under this section unless an application therefore 1 has been submitted to, and approved by, the Secretary. Such application shall be in such form, submitted in such manner, and contain such information, as the Secretary shall by regulation prescribe.
(2) Preference
In considering an application submitted for a grant under this section, the Secretary shall give preference to qualified applicants that—
(A) expand and maintain first-year enrollment by not less than 10 percent over enrollments in base year 1992; or
(B) demonstrate that not less than 20 percent of the graduates of such training programs during the preceding 2-year period are working in medically underserved communities.
(c) Eligible entities
For purposes of this section, the term "eligible entities" has the meaning given such term in
(d) Authorization of appropriations
For the purpose of carrying out this section, there is authorized to be appropriated $5,000,000 for each of the fiscal years 1993 through 1995.
(July 1, 1944, ch. 373, title VII, §767, as added Oct. 13, 1992,
Prior Provisions
A prior section 294e, act July 1, 1944, ch. 373, title VII, §732, as added Oct. 12, 1976,
Another prior section 294e, act July 1, 1944, ch. 373, title VII, §744, formerly §745, as added Sept. 24, 1963,
A prior section 767 of act July 1, 1944, was classified to
Another prior section 767 of act July 1, 1944, was classified to
Sections 294f to 294h were omitted in the general revision of this subchapter by
Section 294f, act July 1, 1944, ch. 373, title VII, §733, as added Oct. 12, 1976,
A prior section 294f, act July 1, 1944, ch. 373, title VII, §746, as added Aug. 16, 1968,
Section 294g, act July 1, 1944, ch. 373, title VII, §734, as added Oct. 12, 1976,
A prior section 294g, act July 1, 1944, ch. 373, title VII, §747, as added Nov. 18, 1971,
Section 294h, act July 1, 1944, ch. 373, title VII, §735, as added Oct. 12, 1976,
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be "therefor".
subpart iii—health administration
§294i. Traineeships and special projects
(a) In general
The Secretary may make grants to public or nonprofit private educational entities (including graduate schools of social work but excluding accredited schools of public health) that offer a program described in subsection (b) of this section—
(1) to provide traineeships for students enrolled in such a program; and
(2) to assist programs of health administration in the development or improvement of programs to prepare students for employment with public or nonprofit private entities.
(b) Relevant programs
The program referred to in subsection (a) of this section is a program in health administration, hospital administration, or health policy analysis and planning, which program is accredited by a body or bodies approved for such purpose by the Secretary of Education and which meets such other quality standards as the Secretary of Health and Human Services by regulation may prescribe.
(c) Preference in making grants
In making grants under subsection (a) of this section, the Secretary shall give preference to qualified applicants that meet the following conditions:
(1) Not less than 25 percent of the graduates of the applicant are engaged in full-time practice settings in medically underserved communities.
(2) The applicant recruits and admits students from medically underserved communities.
(3) For the purpose of training students, the applicant has established relationships with public and nonprofit providers of health care in the community involved.
(4) In training students, the applicant emphasizes employment with public or nonprofit private entities.
(d) Certain provisions regarding traineeships
(1) Use of grant
Traineeships awarded under grants made under subsection (a) of this section shall provide for tuition and fees and such stipends and allowances (including travel and subsistence expenses and dependency allowances) for the trainees as the Secretary may deem necessary.
(2) Preference for certain students
Each entity applying for a grant under subsection (a) of this section for traineeships shall assure to the satisfaction of the Secretary that the entity will give priority to awarding the traineeships to students who demonstrate a commitment to employment with public or nonprofit private entities in the fields with respect to which the traineeships are awarded.
(e) Application for grant
No grant may be made under subsection (a) of this section unless an application therefor has been submitted to, and approved by, the Secretary. Such application shall be in such form, be submitted in such manner, and contain such information, as the Secretary may prescribe. Traineeships under such a grant shall be awarded in accordance with such requirements as the Secretary shall prescribe. The amount of any such grant shall be determined by the Secretary.
(f) Funding
(1) Authorization of appropriations
For payments under grants under subsection (a) of this section, there is authorized to be appropriated $2,500,000 for each of the fiscal years 1993 through 1995.
(2) Limitation
In obligating amounts appropriated under paragraph (1) for a fiscal year, the Secretary may not obligate more than 30 percent for grants under subsection (a)(2) of this section.
(July 1, 1944, ch. 373, title VII, §771, as added Oct. 13, 1992,
Prior Provisions
A prior section 294i, act July 1, 1944, ch. 373, title VII, §736, as added Oct. 12, 1976,
A prior section 771 of act July 1, 1944, was classified to
Sections 294j to 294m were omitted in the general revision of this subchapter by
Section 294j, act July 1, 1944, ch. 373, title VII, §737, as added Oct. 12, 1976,
Section 294j–1, act July 1, 1944, ch. 373, title VII, §737A, as added Aug. 13, 1981,
Section 294k, act July 1, 1944, ch. 373, title VII, §738, as added Oct. 12, 1976,
Section 294l, act July 1, 1944, ch. 373, title VII, §739, as added Oct. 12, 1976,
Section 294l–1, act July 1, 1944, ch. 373, title VII, §739A, as added Nov. 4, 1988,
Section 294m, act July 1, 1944, ch. 373, title VII, §740, as added Sept. 24, 1963,
Part E—Special Training Projects
§294n. Acquired immune deficiency syndrome
(a) Schools; centers
(1) In general
The Secretary may make grants and enter into contracts to assist public and nonprofit private entities and schools and academic health science centers in meeting the costs of projects—
(A) to train the faculty of schools of, and graduate departments or programs of, medicine, nursing, osteopathic medicine, dentistry, public health, allied health, and mental health practice to teach health professions students to provide for the health care needs of individuals with HIV disease;
(B) to train practitioners to provide for the health care needs of such individuals;
(C) with respect to improving clinical skills in the diagnosis, treatment, and prevention of such disease, to educate and train the health professionals and clinical staff of schools of medicine, osteopathic medicine, and dentistry; and
(D) to develop and disseminate curricula and resource materials relating to the care and treatment of individuals with such disease and the prevention of the disease among individuals who are at risk of contracting the disease.
(2) Preference in making grants
In making grants under paragraph (1), the Secretary shall give preference to qualified projects which will—
(A) train, or result in the training of, health professionals who will provide treatment for minority individuals with HIV disease and other individuals who are at high risk of contracting such disease; and
(B) train, or result in the training of, minority health professionals and minority allied health professionals to provide treatment for individuals with such disease.
(3) Application
No grant or contract may be made under paragraph (1) unless an application is submitted to the Secretary in such form, at such time, and containing such information, as the Secretary may prescribe.
(b) Dental schools
(1) In general
The Secretary may make grants to assist dental schools and programs described in
(2) Application
Each dental school or program described in
(3) Distribution
The Secretary shall distribute the available funds among all eligible applicants, taking into account the number of patients with HIV disease served and the unreimbursed oral health care costs incurred by each institution as compared with the total number of patients served and costs incurred by all eligible applicants.
(4) Maintenance of effort
The Secretary shall not make a grant under this subsection if doing so would result in any reduction in State funding allotted for such purposes.
(c) Definitions
For purposes of this section:
(1) The term "HIV disease" means infection with the human immunodeficiency virus, and includes any condition arising from such infection.
(2) The term "human immunodeficiency virus" means the etiologic agent for acquired immune deficiency syndrome.
(d) Authorization of appropriations
(1) Schools; centers
For the purpose of grants under subsection (a) of this section, there is authorized to be appropriated $23,000,000 for each of the fiscal years 1993 through 1995.
(2) Dental schools
For the purpose of grants under subsection (b) of this section, there is authorized to be appropriated $7,000,000 for each of the fiscal years 1993 through 1995.
(July 1, 1944, ch. 373, title VII, §776, as added Oct. 13, 1992,
Prior Provisions
A prior section 294n, act July 1, 1944, ch. 373, title VII, §741, as added Sept. 24, 1963,
A prior section 776 of act July 1, 1944, was classified to
Amendments
1992—Subsec. (a)(3).
Effective Date of 1992 Amendment
Amendment by
§294o. Geriatrics
(a) Geriatric education centers
The Secretary may make grants to and enter into contracts with accredited health professions schools or programs described in paragraph (1), (3), or (4) of
(1) improve the training of health professionals in geriatrics;
(2) develop and disseminate curricula relating to the treatment of the health problems of elderly individuals;
(3) expand and strengthen instruction in methods of such treatment;
(4) support the training and retraining of faculty to provide such instruction;
(5) support continuing education of health professionals and allied health professionals who provide such treatment; and
(6) establish new affiliations with nursing homes, chronic and acute disease hospitals, ambulatory care centers, and senior centers in order to provide students with clinical training in geriatric medicine.
(b) Geriatric training regarding physicians and dentists
(1) In general
The Secretary may make grants to, and enter into contracts with, schools of medicine, schools of osteopathic medicine, teaching hospitals, and graduate medical education programs, for the purpose of providing support (including residencies, traineeships, and fellowships) for geriatric training projects to train physicians and dentists who plan to teach geriatric medicine, geriatric psychiatry, or geriatric dentistry.
(2) Requirements
Each project for which a grant or contract is made under this subsection shall—
(A) be staffed by full-time teaching physicians who have experience or training in geriatric medicine or geriatric psychiatry;
(B) be staffed, or enter into an agreement with an institution staffed by full-time or part-time teaching dentists who have experience or training in geriatric dentistry;
(C) be based in a graduate medical education program in internal medicine or family medicine or in a department of geriatrics or psychiatry;
(D) provide training in geriatrics and exposure to the physical and mental disabilities of elderly individuals through a variety of service rotations, such as geriatric consultation services, acute care services, dental services, geriatric psychiatry units, day and home care programs, rehabilitation services, extended care facilities, geriatric ambulatory care and comprehensive evaluation units, and community care programs for elderly mentally retarded individuals; and
(E) provide training in geriatrics through one or both of the training options described in subparagraphs (A) and (B) of paragraph (3).
(3) Training options
The training options referred to in subparagraph (F) 1 of paragraph (2) shall be as follows:
(A) A 1-year retraining program in geriatrics for—
(i) physicians who are faculty members in departments of internal medicine, family medicine, gynecology, geriatrics, and psychiatry at schools of medicine and osteopathic medicine; and
(ii) dentists who are faculty members at schools of dentistry or at hospital departments of dentistry.
(B) A 2-year internal medicine or family medicine fellowship program providing emphasis in geriatrics, which shall be designed to provide training in clinical geriatrics and geriatrics research for—
(i) physicians who have completed graduate medical education programs in internal medicine, family medicine, psychiatry, neurology, gynecology, or rehabilitation medicine; and
(ii) dentists who have demonstrated a commitment to an academic career and who have completed postdoctoral dental training, including postdoctoral dental education programs or who have relevant advanced training or experience.
(4) Definitions
For purposes of this subsection:
(A) The term "graduate medical education program" means a program sponsored by a school of medicine, a school of osteopathic medicine, a hospital, or a public or private institution that—
(i) offers postgraduate medical training in the specialties and subspecialties of medicine; and
(ii) has been accredited by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association through its Committee on Postdoctoral Training.
(B) The term "post-doctoral dental education program" means a program sponsored by a school of dentistry, a hospital, or a public or private institution that—
(i) offers post-doctoral training in the specialties of dentistry, advanced education in general dentistry, or a dental general practice residency; and
(ii) has been accredited by the Commission on Dental Accreditation.
(c) Geriatric training regarding optometrists
The Secretary may make grants to, and enter into contracts with, schools and colleges of optometry for the purpose of providing support for projects—
(1) to plan, develop, and operate projects in postgraduate geriatric care training for optometrists who will teach geriatric optometry;
(2) to provide financial assistance (in the form of residencies, traineeships, and fellowships) to participants in such projects; and
(3) to establish new affiliations with nursing homes, ambulatory care centers, senior centers, and other public or nonprofit private entities.
(d) Authorization of appropriations
(1) Education centers; training
For grants and contracts under subsections (a) and (b) of this section, there is authorized to be appropriated $17,000,000 for each of the fiscal years 1993 through 1995.
(2) Optometry
For grants and contracts under subsection (c) of this section, there is authorized to be appropriated $400,000 for each of the fiscal years 1993 through 1995.
(July 1, 1944, ch. 373, title VII, §777, as added Oct. 13, 1992,
Prior Provisions
A prior section 294o, act July 1, 1944, ch. 373, title VII, §742, as added Sept. 24, 1963,
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be subparagraph "(E)".
§294p. Rural areas
(a) Grants
The Secretary may make grants to, or enter into contracts with, any eligible applicant to help such applicant fund authorized activities under an application approved under subsection (d) of this section.
(b) Use of amounts
(1) In general
Amounts provided under subsection (a) of this section shall be used by the recipients to fund interdisciplinary training projects designed to—
(A) use new and innovative methods to train health care practitioners to provide services in rural areas;
(B) demonstrate and evaluate innovative interdisciplinary methods and models designed to provide access to cost-effective comprehensive health care;
(C) deliver health care services to individuals residing in rural areas;
(D) enhance the amount of relevant research conducted concerning health care issues in rural areas; and
(E) increase the recruitment and retention of health care practitioners in rural areas and make rural practice a more attractive career choice for health care practitioners.
(2) Methods
A recipient of funds under subsection (a) of this section may use various methods in carrying out the projects described in paragraph (1), including—
(A) the distribution of stipends to students of eligible applicants;
(B) the establishment of a post-doctoral fellowship program;
(C) the training of faculty in the economic and logistical problems confronting rural health care delivery systems; or
(D) the purchase or rental of transportation and telecommunication equipment where the need for such equipment due to unique characteristics of the rural area is demonstrated by the recipient.
(3) Administration
(A) In general
An applicant shall not use more than 10 percent of the funds made available to such applicant under subsection (a) of this section for administrative expenses.
(B) Training
Not more than 10 percent of the individuals receiving training with funds made available to an applicant under subsection (a) of this section shall be trained as doctors of medicine or doctors of osteopathy.
(C) Limitation
An institution that receives a grant under this section shall use amounts received under such grant to supplement, not supplant, amounts made available by such institution for activities of the type described in subsection (b)(1) of this section in the fiscal year preceding the year for which the grant is received.
(c) Eligible applicants
Applicants eligible to obtain funds under subsection (a) of this section shall include local health departments, nonprofit organizations and public or nonprofit colleges, universities, or schools of, or programs that specialize in, nursing, mental health practice, optometry, public health, dentistry, osteopathy, physicians assistants, pharmacy, podiatry, medicine, chiropractic, and allied health professions if such applicants submit applications approved by the Secretary under subsection (d) of this section. Applicants eligible to obtain funds under subsection (a) of this section shall not include for-profit entities, either directly or through a subcontract or subgrant.
(d) Applications
(1) Submission
In order to receive a grant under subsection (a) of this section an entity shall submit an application to the Secretary.
(2) Forms
An application submitted under this subsection shall be in such form, be submitted by such date, and contain such information as the Secretary shall require.
(3) Applications
Applications submitted under this subsection shall—
(A) be jointly submitted by at least two eligible applicants with the express purpose of assisting individuals in academic institutions in establishing long-term collaborative relationships with health care providers in rural areas;
(B) designate a rural health care agency or agencies for clinical treatment or training, including hospitals, community health centers, migrant health centers, rural health clinics, community mental health centers, long-term care facilities, Native Hawaiian health centers, or facilities operated by the Indian Health Service or an Indian tribe or tribal organization or Indian organization under a contract with the Indian Health Service under the Indian Self-Determination Act [
(C) provide any additional information required by the Secretary.
(e) "Rural" defined
For the purposes of this section, the term "rural" means geographic areas that are located outside of standard metropolitan statistical areas.
(f) Authorization of appropriations
For the purpose of carrying out this section, there is authorized to be appropriated $7,000,000 for each of the fiscal years 1993 through 1995.
(July 1, 1944, ch. 373, title VII, §778, as added Oct. 13, 1992,
References in Text
The Indian Self-Determination Act, referred to in subsec. (d)(3)(B), is title I of
Prior Provisions
A prior section 294p, act July 1, 1944, ch. 373, title VII, §743, as added Sept. 24, 1963,
Sections 294q to 294r were omitted in the general revision of this subchapter by
Section 294q, act July 1, 1944, ch. 373, title VII, §744, formerly §745, as added Sept. 24, 1963,
Section 294q–1, act July 1, 1944, ch. 373, title VII, §745, as added Oct. 22, 1985,
Section 294q–2, act July 1, 1944, ch. 373, title VII, §746, as added Oct. 22, 1985,
Section 294q–3, act July 1, 1944, ch. 373, title VII, §747, formerly §745, as added and renumbered §747, Oct. 22, 1985,
Section 294r, act July 1, 1944, ch. 373, title VII, §751, as added Nov. 4, 1988,
A prior section 294r, act July 1, 1944, ch. 373, title VII, §748, as added Oct. 12, 1976,
Section 294s, act July 1, 1944, ch. 373, title VII, §749, as added Oct. 12, 1976,
Section 294t, act July 1, 1944, ch. 373, title VII, §751, as added Oct. 12, 1976,
Section 294u, act July 1, 1944, ch. 373, title VII, §752, as added Oct. 12, 1976,
Section 294v, act July 1, 1944, ch. 373, title VII, §753, as added Oct. 12, 1976,
Section 294w, act July 1, 1944, ch. 373, title VII, §754, as added Oct. 12, 1976,
Section 294x, act July 1, 1944, ch. 373, title VII, §755, as added Oct. 12, 1976,
Section 294y, act July 1, 1944, ch. 373, title VII, §756, as added Oct. 12, 1976,
Section 294y–1, act July 1, 1944, ch. 373, title VII, §757, as added Aug. 1, 1977,
Sections 294z to 294cc were omitted in the general revision of this subchapter by
Section 294z, act July 1, 1944, ch. 373, title VII, §758, as added Oct. 12, 1976,
Section 294aa, act July 1, 1944, ch. 373, title VII, §759, as added Oct. 12, 1976,
Section 294bb, act July 1, 1944, ch. 373, title VII, §760, as added Nov. 6, 1990,
Section 294cc, act July 1, 1944, ch. 373, title VII, §761, as added Nov. 6, 1990,
A prior section 761 of act July 1, 1944, ch. 373, title VII, as added Dec. 25, 1970,
Another prior section 761 of act July 1, 1944, ch. 373, title VII, as added Oct. 31, 1963,
Part F—Miscellaneous Programs
§295. Research on certain health professions issues
(a) Educational indebtedness
(1) In general
Subject to paragraph (2), the Secretary may make grants to and enter into contracts with public and nonprofit private entities for the purpose of conducting research on the extent to which the debt incurred by medical students for attendance at educational institutions has had a detrimental effect on the decisions made by the students on entering primary care specialities.
(2) Evaluation of rate of increase
In carrying out paragraph (1), the Secretary shall provide for a determination of the reasons underlying the rate of increase occurring since January 1, 1981, in tuition and fees for attending health professions schools. The Secretary shall ensure that the determination includes the justifications of such schools for such rate.
(b) Effect of programs for minority and disadvantaged individuals
(1) In general
The Secretary may make grants to and enter into contracts with public and nonprofit private entities for the purpose of conducting research on the effects that federally-funded educational programs or policies for minority or disadvantaged individuals have on—
(A) the number of such individuals attending health professions school;
(B) the number of such individuals completing the programs of education involved; and
(C) the decisions made by such individuals on which of the health professions specialities to enter.
(2) Separate specifications for certain categories of schools
The Secretary may provide a grant or contract under paragraph (1) only if the applicant involved agrees that in conducting research under such paragraph the applicant will make findings specific to the following categories of health professions schools:
(A) Health professions schools of historically black 1 colleges and universities.
(B) Other health professions schools attended by a substantial number of minority individuals.
(C) Health professions schools generally.
(c) Extent of investigations and disciplinary actions by State licensing authorities
The Secretary may make grants to and enter into contracts with public and nonprofit private entities for the purpose of conducting research on the effectiveness of the States in protecting the public health through—
(1) identifying health care providers with respect to whom investigations of professional qualifications are warranted;
(2) conducting such investigations; and
(3) taking disciplinary actions against health care providers determined through such investigations to have engaged in conduct inconsistent with protecting the public health.
(d) Primary health care
(1) In general
The Secretary may make grants to and enter into contracts with public and nonprofit private entities for the purpose of conducting research—
(A) to determine the extent to which Federal programs and related financial incentives influence the percentage of medical school graduates selecting a primary care career;
(B) to determine the extent to which Federal programs and related financial incentives adequately support the training of mid-level primary care providers relative to other health professions education receiving Federal assistance;
(C) to assess the impact that direct and indirect payments for graduate medical education (including the appropriateness of payments for independent, ambulatory training sites) have on increasing the percentage of physicians graduating from medical school who enter primary care careers;
(D) to assess the impact of medical school admission policies on specialty selection and recommend ways admission policies can better facilitate and promote the selection of primary care as a medical career;
(E) to assess the impact that Federal funding for biomedical research influences the design of medical school curriculum and the availability of primary care educational opportunities;
(F) to assess the impact of medical school curriculum, including the availability of clinical training in ambulatory care settings, influences the percentage of physicians selecting primary care residencies and selecting primary care as a medical career; and
(G) to assess the extent to which current physician payment policies under resource based relative value scale are sufficient to encourage physicians graduating from medical school to enter and remain in primary care careers.
(2) Definitions
For purposes of this subsection:
(A) The term "primary care careers", with respect to medicine, means family practice, general internal medicine and general pediatrics.
(B) The term "mid-level primary care health professions" means physician assistants, nurse practitioners, and nurse midwives.
(e) Authorization of appropriations
For the purpose of carrying out this section, there is authorized to be appropriated $4,000,000 for each of the fiscal years 1993 through 1995.
(July 1, 1944, ch. 373, title VII, §781, as added Oct. 13, 1992,
Prior Provisions
A prior section 295, act July 1, 1944, ch. 373, title VII, §761, as added Dec. 25, 1970,
Another prior section 295, act July 1, 1944, ch. 373, title VII, §761, as added Oct. 31, 1963,
A prior section 781 of act July 1, 1944, was classified to
1 So in original. Probably should be capitalized.
§295a. Chiropractic demonstration projects
(a) In general
The Secretary may make grants to and enter into contracts with schools, colleges, and universities of chiropractic for the purpose of carrying out demonstration projects in which chiropractors and physicians collaborate to identify and provide effective treatment for spinal and lower-back conditions.
(b) Participation of medical schools
The Secretary may make an award of a grant or contract under subsection (a) of this section only if the applicant involved has entered into such agreements as may be necessary to ensure that in the project under such subsection a school of medicine or osteopathic medicine will participate in the project.
(c) Peer review
Each peer review group under
(d) Report to Congress
(1) In general
The Secretary shall prepare a report that—
(A) summarizes the applications submitted to the Secretary for grants or contracts under subsection (a) of this section;
(B) specifies the identity of entities receiving the grants or contracts; and
(C) evaluates the effectiveness of the programs operated with the grants and contracts.
(2) Date certain for submission
Not later than February 10, 1995, the Secretary shall complete the report required in paragraph (1) and submit the report to the Committee on Energy and Commerce of the House of Representatives and the Committee on Labor and Human Resources of the Senate.
(e) Authorization of appropriations
For the purpose of carrying out this section, there is authorized to be appropriated $1,000,000 for each of the fiscal years 1993 through 1995.
(July 1, 1944, ch. 373, title VII, §782, as added Oct. 13, 1992,
Prior Provisions
Prior sections 295a to 295e–5 were repealed by
Section 295a, act July 1, 1944, ch. 373, title VII, §762, as added Dec. 25, 1970,
Section 295a, act July 1, 1944, ch. 373, title VII, §762, as added Oct. 31, 1963,
A prior section 782 of act July 1, 1944, was classified to
Section 295b, act July 1, 1944, ch. 373, title VII, §763, as added Dec. 25, 1970,
Another prior section 295b, act July 1, 1944, ch. 373, title VII, §763, as added Oct. 31, 1963,
Section 295c, act July 1, 1944, ch. 373, title VII, §764, as added Dec. 25, 1970,
Another prior section 295c, act July 1, 1944, ch. 373, title VII, §764, as added Oct. 31, 1963,
Section 295d, act July 1, 1944, ch. 373, title VII, §765, as added Dec. 25, 1970,
Another prior section 295d, act July 1, 1944, ch. 373, title VII, §765, as added Oct. 31, 1963,
Section 295d–1, act July 1, 1944, ch. 373, title VII, §766, as added Dec. 25, 1970,
Another prior section 295d–1, act July 1, 1944, ch. 373, title VII, §766, as added Oct. 31, 1963,
Section 295d–2, act July 1, 1944, ch. 373, title VII, §767, as added Dec. 25, 1970,
Section 295e, act July 1, 1944, ch. 373, title VII, §768, as added Dec. 25, 1970,
Another prior section 295e consisted of section 766 of act July 1, 1944. The classification of section 766 of act July 1, 1944, was changed to
Section 295e–1, act July 1, 1944, ch. 373, title VII, §767, as added Nov. 18, 1971,
Section 295e–2, act July 1, 1944, ch. 373, title VII, §768, as added Nov. 18, 1971,
Section 295e–3, act July 1, 1944, ch. 373, title VII, §769, as added Nov. 18, 1971,
Section 295e–4, act July 1, 1944, ch. 373, title VII, §769A, as added Nov. 18, 1971,
Section 295e–5, act July 1, 1944, ch. 373, title VII, §769B, as added Nov. 18, 1971,
Prior sections 295f to 295f–3 were repealed by act July 1, 1944, ch. 373, title VII, §773, as added Nov. 4, 1988,
Section 295f, act July 1, 1944, ch. 373, title VII, §770, as added Oct. 22, 1965,
Section 295f–1, act July 1, 1944, ch. 373, title VII, §771, as added Oct. 12, 1976,
Another prior section 295f–1, act July 1, 1944, ch. 373, title VII, §771, as added Oct. 22, 1965,
Section 295f–2, act July 1, 1944, ch. 373, title VII, §772, formerly §775, as added Nov. 18, 1971,
Another prior section 295f–2, act July 1, 1944, ch. 373, title VII, §772, as added Oct. 22, 1965,
Section 295f–3, act July 1, 1944, ch. 373, title VII, §773, as added Nov. 4, 1988,
Another prior section 295f–3, act July 1, 1944, ch. 373, title VII, §773, as added Oct. 22, 1965,
A prior section 295f–4, act July 1, 1944, ch. 373, title VII, §774, as added Oct. 22, 1965,
A prior section 295f–5, act July 1, 1944, ch. 373, title VII, §775, as added Nov. 18, 1971,
A prior section 295f–6, act July 1, 1944, ch. 373, title VII, §776, as added Nov. 16, 1973,
Prior sections 295g to 295g–2 were omitted in the general revision of this subchapter by
Section 295g, act July 1, 1944, ch. 373, title VII, §780, as added Oct. 12, 1976,
Another prior section 295g, act July 1, 1944, ch. 373, title VII, §780, as added Oct. 22, 1965,
Section 295g–1, act July 1, 1944, ch. 373, title VII, §781, as added Oct. 12, 1976,
Another prior section 295g–1, act July 1, 1944, ch. 373, title VII, §781, as added Aug. 16, 1968,
Section 295g–2, act July 1, 1944, ch. 373, title VII, §782, formerly §788A, as added Aug. 18, 1987,
Another prior section 295g–2, act July 1, 1944, ch. 373, title VII, §782, as added Oct. 12, 1976,
A prior section 295g–3, act July 1, 1944, ch. 373, title VII, §783, as added Oct. 12, 1976,
Prior sections 295g–4 to 295g–8 were omitted in the general revision of this subchapter by
Section 295g–4, act July 1, 1944, ch. 373, title VII, §784, as added Oct. 12, 1976,
Section 295g–5, act July 1, 1944, ch. 373, title VII, §785, as added Nov. 4, 1988,
Another prior section 295g–5, act July 1, 1944, ch. 373, title VII, §785, as added Oct. 12, 1976,
Section 295g–6, act July 1, 1944, ch. 373, title VII, §786, as added Oct. 12, 1976,
Section 295g–7, act July 1, 1944, ch. 373, title VII, §787, as added Oct. 12, 1976,
Section 295g–7a, act July 1, 1944, ch. 373, title VII, §787A, as added and amended Nov. 4, 1988,
Section 295g–8, act July 1, 1944, ch. 373, title VII, §788, as added Oct. 12, 1976,
Another prior section 295g–8, act July 1, 1944, ch. 373, title VII, §788A, as added Aug. 18, 1987,
A prior section 295g–8a, act July 1, 1944, ch. 373, title VII, §788A, as added Aug. 13, 1981,
Prior sections 295g–8b to 295g–10 were omitted in the general revision of this subchapter by
Section 295g–8b, act July 1, 1944, ch. 373, title VII, §788A, formerly §788B, as added Aug. 13, 1981,
Another prior section 788A of act July 1, 1944, was renumbered section 782 by section 614(a) of
Section 295g–9, act July 1, 1944, ch. 373, title VII, §789, as added and amended Nov. 4, 1988,
Another prior section 295g–9, act July 1, 1944, ch. 373, title VII, §789, formerly §776, as added Nov. 16, 1973,
Section 295g–10, act July 1, 1944, ch. 373, title VII, §790, as added Oct. 12, 1976,
A prior section 295g–10a,
A prior section 295g–11, act July 1, 1944, ch. 373, title VII, §790A, as added Nov. 4, 1988,
Another prior section 295g–11, act July 1, 1944, ch. 373, title VII, §785, as added Nov. 18, 1971,
Prior sections 295g–21 to 295g–23 were repealed by
Section 295g–21, act July 1, 1944, ch. 373, title VII, §784, as added Nov. 18, 1971,
Section 295g–22, act July 1, 1944, ch. 373, title VII, §785, as added Nov. 18, 1971,
Section 295g–23, act July 1, 1944, ch. 373, title VII, §786, as added Nov. 18, 1971
A prior section 295h, act July 1, 1944, ch. 373, title VII, §791, as added Oct. 12, 1976,
Another prior section 295h, act July 1, 1944, ch. 373, title VII, §791, as added Nov. 3, 1966,
A prior section 295h–1, act July 1, 1944, ch. 373, title VII, §792, as added Oct. 12, 1976,
Another prior section 295h–1, act July 1, 1944, ch. 373, title VII, §792, as added Nov. 3, 1966,
Prior sections 295h–1a to 295h–2 were omitted in the general revision of this subchapter by
Section 295h–1a, act July 1, 1944, ch. 373, title VII, §791A, formerly §749, as added Oct. 12, 1976,
Section 295h–1b, act July 1, 1944, ch. 373, title VII, §792; formerly §748, as added Oct. 12, 1976,
Another prior section 792 of act July 1, 1944, as added Oct. 12, 1976,
Section 295h–1c, act July 1, 1944, ch. 373, title VII, §793, as added Aug. 13, 1981,
Another prior section 793 of act July 1, 1944, was renumbered section 794 by
Section 295h–2, act July 1, 1944, ch. 373, title VII, §794, formerly §793, as added Oct. 12, 1976,
Another prior section 295h–2, act July 1, 1944, ch. 373, title VII, §793, as added Nov. 3, 1966,
Another prior section 794 of act July 1, 1944, ch. 373, title VII, as added Nov. 3, 1966,
A prior section 295h–3, act July 1, 1944, ch. 373, title VII, §794, as added Nov. 3, 1966,
Prior sections 295h–3a to 295h–3d were omitted in the general revision of this part by
Section 295h–3a, act July 1, 1944, ch. 373, title VII, §794A, as added Nov. 2, 1970,
Section 295h–3b, act July 1, 1944, ch. 373, title VII, §794B, as added Nov. 2, 1970,
Section 295h–3c, act July 1, 1944, ch. 373, title VII, §794C, as added Nov. 2, 1970,
Section 295h–3d, act July 1, 1944, ch. 373, title VII, §794D, as added Nov. 2, 1970,
Prior sections 295h–4 to 295h–7 were omitted in the general revision of this subchapter by
Section 295h–4, act July 1, 1944, ch. 373, title VII, §795, as added Oct. 12, 1976,
Another prior section 295h–4, act July 1, 1944, ch. 373, title VII, §795, as added Nov. 3, 1966,
Section 295h–5, act July 1, 1944, ch. 373, title VII, §796, as added Oct. 12, 1976,
Another prior section 295h–5, act July 1, 1944, ch. 373, title VII, §796, as added Nov. 3, 1966,
Section 295h–6, act July 1, 1944, ch. 373, title VII, §797, as added Oct. 12, 1976,
Another prior section 295h–6, act July 1, 1944, ch. 373, title VII, §797, as added Aug. 16, 1968,
Section 295h–7, act July 1, 1944, ch. 373, title VII, §798, as added Oct. 12, 1976,
Another prior section 295h–7, act July 1, 1944, ch. 373, title VII, §798(a), as added Aug. 16, 1968,
A prior section 295h–8, act July 1, 1944, ch. 373, title VII, §799, as added Nov. 2, 1970,
A prior section 295h–9, act July 1, 1944, ch. 373, title VII, §799A, as added Nov. 2, 1970,
A prior section 295i, act July 1, 1944, ch. 373, title VII, §799, as added Apr. 7, 1986,
Change of Name
Committee on Energy and Commerce of House of Representatives changed to Committee on Commerce of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Part G—General Provisions
§295j. Preferences and required information in certain programs
(a) Preferences in making awards
(1) In general
Subject to paragraph (2), in making awards of grants or contracts under any of
(A) has a high rate for placing graduates in practice settings having the principal focus of serving residents of medically underserved communities; or
(B) during the 2-year period preceding the fiscal year for which such an award is sought, has achieved a significant increase in the rate of placing graduates in such settings.
(2) Limitation regarding peer review
For purposes of paragraph (1), the Secretary may not give an applicant preference if the proposal of the applicant is ranked at or below the 20th percentile of proposals that have been recommended for approval by peer review groups under
(b) Required submission of information
The Secretary may make an award of a grant or contract under any of
(1) A description of rotations or preceptorships for students, or clinical training programs for residents, that have the principal focus of providing health care to medically underserved communities.
(2) The number of faculty on admissions committees who have a clinical practice in community-based ambulatory settings in medically underserved communities.
(3) With respect to individuals who are from disadvantaged backgrounds or from medically underserved communities, the number of such individuals who are recruited for academic programs of the applicant, the number of such individuals who are admitted to such programs, and the number of such individuals who graduate from such programs.
(4) If applicable, the number of recent graduates who have chosen careers in primary health care.
(5) The number of recent graduates whose practices are serving medically underserved communities.
(6) A description of whether and to what extent the applicant is able to operate without Federal assistance under this subchapter.
(c) "Graduate" defined
For purposes of this section, the term "graduate" means, unless otherwise specified, an individual who has successfully completed all training and residency requirements necessary for full certification in the health profession selected by the individual.
(July 1, 1944, ch. 373, title VII, §791, as added Oct. 13, 1992,
Prior Provisions
A prior section 295j, act July 1, 1944, ch. 373, title VII, §799A, as added Nov. 4, 1988,
Another prior section 295j, act July 1, 1944, ch. 373, title VII, §799A, as added Nov. 23, 1988,
A prior section 791 of act July 1, 1944, was classified to
Amendments
1992—Subsec. (b).
Effective Date of 1992 Amendment
Amendment by
Required Assurances Regarding Bloodborne Diseases
Section 308 of
§295k. Health professions data
(a) In general
The Secretary shall establish a program, including a uniform health professions data reporting system, to collect, compile, and analyze data on health professions personnel which program shall initially include data respecting all physicians and dentists in the States. The Secretary is authorized to expand the program to include, whenever he determines it necessary, the collection, compilation, and analysis of data respecting pharmacists, optometrists, podiatrists, veterinarians, public health personnel, audiologists, speech pathologists, health care administration personnel, nurses, allied health personnel, medical technologists, chiropractors, clinical psychologists, and any other health personnel in States designated by the Secretary to be included in the program. Such data shall include data respecting the training, licensure status (including permanent, temporary, partial, limited, or institutional), place or places of practice, professional specialty, practice characteristics, place and date of birth, sex, and socioeconomic background of health professions personnel and such other demographic information regarding health professions personnel as the Secretary may require.
(b) Certain authorities and requirements
(1) Sources of information
In carrying out subsection (a) of this section, the Secretary shall collect available information from appropriate local, State, and Federal agencies and other appropriate sources.
(2) Contracts for studies of health professions
The Secretary shall conduct or enter into contracts for the conduct of analytic and descriptive studies of the health professions, including evaluations and projections of the supply of, and requirements for, the health professions by specialty and geographic location. Such studies shall include studies determining by specialty and geographic location the number of health professionals (including allied health professionals and health care administration personnel) who are members of minority groups, including Hispanics, and studies providing by specialty and geographic location evaluations and projections of the supply of, and requirements for, health professionals (including allied health professionals and health care administration personnel) to serve minority groups, including Hispanics.
(3) Grants and contracts regarding States
The Secretary is authorized to make grants and to enter into contracts with States (or an appropriate nonprofit private entity in any State) for the purpose of participating in the program established under subsection (a) of this section. The Secretary shall determine the amount and scope of any such grant or contract. To be eligible for a grant or contract under this paragraph a State or entity shall submit an application in such form and manner and containing such information as the Secretary shall require. Such application shall include reasonable assurance, satisfactory to the Secretary, that—
(A) such State (or nonprofit entity within a State) will establish a program of mandatory annual registration of the health professions personnel described in subsection (a) of this section who reside or practice in such State and of health institutions licensed by such State, which registration shall include such information as the Secretary shall determine to be appropriate;
(B) such State or entity shall collect such information and report it to the Secretary in such form and manner as the Secretary shall prescribe; and
(C) such State or entity shall comply with the requirements of subsection (e) of this section.
(d) 1 Reports to Congress
The Secretary shall submit to the Congress on October 1, 1993, and biennially thereafter, the following reports:
(1) A comprehensive report regarding the status of health personnel according to profession, including a report regarding the analytic and descriptive studies conducted under this section.
(2) A comprehensive report regarding applicants to, and students enrolled in, programs and institutions for the training of health personnel, including descriptions and analyses of student indebtedness, student need for financial assistance, financial resources to meet the needs of students, student career choices such as practice specialty and geographic location and the relationship, if any, between student indebtedness and career choices.
(e) Requirements regarding personal data
(1) In general
The Secretary and each program entity shall in securing and maintaining any record of individually identifiable personal data (hereinafter in this subsection referred to as "personal data") for purposes of this section—
(A) inform any individual who is asked to supply personal data whether he is legally required, or may refuse, to supply such data and inform him of any specific consequences, known to the Secretary or program entity, as the case may be, of providing or not providing such data;
(B) upon request, inform any individual if he is the subject of personal data secured or maintained by the Secretary or program entity, as the case may be, and make the data available to him in a form comprehensible to him;
(C) assure that no use is made of personal data which use is not within the purposes of this section unless an informed consent has been obtained from the individual who is the subject of such data; and
(D) upon request, inform any individual of the use being made of personal data respecting such individual and of the identity of the individuals and entities which will use the data and their relationship to the programs under this section.
(2) Consent as precondition to disclosure
Any entity which maintains a record of personal data and which receives a request from the Secretary or a program entity for such data for purposes of this section shall not transfer any such data to the Secretary or to a program entity unless the individual whose personal data is to be so transferred gives an informed consent for such transfer.
(3) Disclosure by Secretary
(A) Notwithstanding any other provision of law, personal data collected by the Secretary or any program entity under this section may not be made available or disclosed by the Secretary or any program entity to any person other than the individual who is the subject of such data unless (i) such person requires such data for purposes of this section, or (ii) in response to a demand for such data made by means of compulsory legal process. Any individual who is the subject of personal data made available or disclosed under clause (ii) shall be notified of the demand for such data.
(B) Subject to all applicable laws regarding confidentiality, only the data collected by the Secretary under this section which is not personal data shall be made available to bona fide researchers and policy analysts (including the Congress) for the purposes of assisting in the conduct of studies respecting health professions personnel.
(4) "Program entity" defined
For purposes of this subsection, the term "program entity" means any public or private entity which collects, compiles, or analyzes health professions data under a grant, contract, or other arrangement with the Secretary under this section.
(g) 2 Technical assistance
The Secretary shall provide technical assistance to the States and political subdivisions thereof in the development of systems (including model laws) concerning confidentiality and comparability of data collected pursuant to this section.
(h) Grants and contracts regarding nonprofit entities
(1) In general
In carrying out subsection (a) of this section, the Secretary may make grants, or enter into contracts and cooperative agreements with, and provide technical assistance to, any nonprofit entity in order to establish a uniform allied health professions data reporting system to collect, compile, and analyze data on the allied health professions personnel.
(2) Reports
With respect to reports required in subsection (d) of this section, each such report made on or after October 1, 1991, shall include a description and analysis of data collected pursuant to paragraph (1).
(July 1, 1944, ch. 373, title VII, §792, as added Oct. 13, 1992,
Prior Provisions
A prior section 792 of act July 1, 1944, was classified to
Another prior section 792 of act July 1, 1944, was classified to
Section Referred to in Other Sections
This section is referred to in
Advisory Council on Graduate Medical Education
Section 301 of
"(a)
"(1) make recommendations to the Secretary of Health and Human Services (in this section referred to as the 'Secretary'), and to the Committee on Labor and Human Resources of the Senate, and the Committee on Energy and Commerce of the House of Representatives, with respect to—
"(A) the supply and distribution of physicians in the United States;
"(B) current and future shortages or excesses of physicians in medical and surgical specialties and subspecialties;
"(C) issues relating to foreign medical school graduates;
"(D) appropriate Federal policies with respect to the matters specified in subparagraphs (A), (B), and (C), including policies concerning changes in the financing of undergraduate and graduate medical education programs and changes in the types of medical education training in graduate medical education programs;
"(E) appropriate efforts to be carried out by hospitals, schools of medicine, schools of osteopathic medicine, and accrediting bodies with respect to the matters specified in subparagraphs (A), (B), and (C), including efforts for changes in undergraduate and graduate medical education programs; and
"(F) deficiencies in, and needs for improvements in, existing data bases concerning the supply and distribution of, and postgraduate training programs for, physicians in the United States and steps that should be taken to eliminate those deficiencies; and
"(2) encourage entities providing graduate medical education to conduct activities to voluntarily achieve the recommendations of the Council under paragraph (1)(E).
"(b)
"(1) the Assistant Secretary for Health or the designee of the Assistant Secretary;
"(2) the Administrator of the Health Care Financing Administration;
"(3) the Chief Medical Director [now Under Secretary for Health] of the Department of Veterans Affairs;
"(4) 6 members appointed by the Secretary to include representatives of practicing primary care physicians, national and specialty physician organizations, foreign medical graduates, and medical student and house staff associations;
"(5) 4 members appointed by the Secretary to include representatives of schools of medicine and osteopathic medicine and public and private teaching hospitals; and
"(6) 4 members appointed by the Secretary to include representatives of health insurers, business, and labor.
"(c)
"(1)
"(2)
"(d)
"(e)
"(f)
"(g)
"(h)
"(1)
"(A) collect such information, hold such hearings, and sit and act at such times and places, either as a whole or by subcommittee, and request the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents as the Council or such subcommittee may consider available; and
"(B) request the cooperation and assistance of Federal departments, agencies, and instrumentalities, and such departments, agencies, and instrumentalities are authorized to provide such cooperation and assistance.
"(2)
"(i)
"(j)
"(k)
[References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, §101(c)(1)] of
Commission on Allied Health
Section 302 of
Study Regarding Shortage of Clinical Laboratory Technologists for Medically Underserved and Rural Communities
Section 303 of
National Advisory Council on Medical Licensure
Section 307 of
"(a)
"(1)
"(2)
"(A)
"(B)
"(i) monitor and review the operation of the private credentials verification system and develop recommendations regarding methods by which the system can be improved, and make recommendations for the establishment of nondiscriminatory policies and practices for the operation of the system;
"(ii) determine to what extent the system has expedited and otherwise improved the efficiency and equitable operation of the process in the States for licensing individuals to practice medicine who previously have been licensed by another State (commonly known as licensure by endorsement); and
"(iii) review the policies and practices of the States (including any relevant laws) in licensing international medical graduates and in licensing domestic medical graduates, and determine the effects of the policies.
"(3)
"(A)
"(B)
"(C)
"(i) One individual from an organization representing State authorities that license individuals to practice medicine.
"(ii) One individual representing a national organization that represents practicing physicians in the United States.
"(iii) One individual representing an organization in the United States that tests international medical graduates regarding medical knowledge.
"(iv) One individual representing an organization in the United States that tests individuals who are graduates of medical schools located in the United States regarding medical knowledge.
"(v) One physician representing one or more medical schools located in the United States.
"(vi) One individual who is a representative of the private credentials verification system.
"(vii) One individual who is a graduate of a medical school located in the United States, who has been licensed to practice medicine by a State and has been so licensed by such State for a continuous period of at least 20 years, and who has applied for and received licensure by endorsement during the 5-year period ending on the date of the enactment of this Act [Oct. 13, 1992].
"(viii) One individual who is a graduate of a medical school located in the United States and who represents a State authority that licenses individuals to practice medicine, which State either has a significant number of practicing physicians who are international medical graduates or has a significant shortage of physicians.
"(ix) One individual who is an international medical graduate and who represents a coalition representing such graduates.
"(x) One individual who is an international medical graduate and who is a native of the United States.
"(xi) One individual who is a native of a country located in southern or eastern Asia (including southern or eastern Asian islands) and who is an international medical graduate by virtue of being a graduate of a medical school located in such a country.
"(xii) One individual who is a native of a European country or of Australia or New Zealand and who is an international medical graduate by virtue of being a graduate of a medical school located in such a country.
"(xiii) One individual who is a native of a Latin American or Caribbean country and who is an international medical graduate by virtue of being a graduate of a medical school located in such a country.
"(xiv) One individual who is a native of a country located in sub-Saharan Africa and who is an international medical graduate by virtue of being a graduate of a medical school located in such a country.
At least one member appointed by the Secretary under this subparagraph shall be a physician who is practicing in a medically underserved community, as defined in section 799 of the Public Health Service Act [
"(D)
"(4)
"(5)
"(6)
"(7)
"(A)
"(B)
"(b)
"(1)
"(A) the average length of time required for the States involved to process the licensure applications of domestic medical graduates and the average length of time required for the States to process the licensure applications of international medical graduates, and the reasons underlying any significant differences in such times; and
"(B) the percentage of licensure applications from domestic medical graduates that are approved and the percentage of licensure applications from graduates of international medical schools that are approved, and the reasons underlying any significant differences in such percentages.
"(2)
"(c)
"(1)
"(2)
"(3)
"(4)
"(5)
"(6)
"(7)
"(8)
"(d)
[For termination of Trust Territory of the Pacific Islands, see note set out preceding
1 So in original. No subsec. (c) has been enacted.
2 So in original. No subsec. (f) has been enacted.
§295l. Statistics; annual report
(a) Statistics and other information
The Secretary shall, in coordination with the National Center for Health Statistics (established under
(1) detailed descriptions of the various types of activities in which public and community health personnel are engaged,
(2) the current and anticipated needs for the various types of public and community health personnel, and
(3) the number, employment, geographic locations, salaries, and surpluses and shortages of public and community health personnel, the educational and licensure requirements for the various types of such personnel, and the cost of training such personnel.
(b) Requirements regarding personal data
(1) In general
The Secretary and each program entity shall in securing and maintaining any record of individually identifiable personal data (in this subsection referred to as "personal data") for purposes of this section—
(A) inform any individual who is asked to supply personal data whether he is legally required, or may refuse, to supply such data and inform him of any specific consequences, known to the Secretary or program entity as the case may be, of providing or not providing such data;
(B) upon request, inform any individual if he is the subject of personal data secured or maintained by the Secretary or program entity, as the case may be, and make the data available to him in a form comprehensible to him;
(C) assure that no use is made of personal data which is not within the purposes of this section unless an informed consent has been obtained from the individual who is the subject of such data; and
(D) upon request, inform any individual of the use being made of personal data respecting such individual and of the identity of the individuals and entities which will use the data and their relationship to the activities conducted under this section.
(2) Consent as precondition to transfer of information
Any entity which maintains a record of personal data and which receives a request from the Secretary or a program entity to use such data for purposes of this section shall not transfer any such data to the Secretary or to a program entity unless the individual whose personal data is to be so transferred gives an informed consent for such transfer.
(3) Disclosure by Secretary
(A) Notwithstanding any other provision of law, personal data collected by the Secretary or any program entity for purposes of this section may not be made available or disclosed by the Secretary or any program entity to any person other than the individual who is the subject of such data unless (i) such person requires such data for purposes of this section, or (ii) in response to a demand for such data made by means of compulsory legal process. Any individual who is the subject of personal data made available or disclosed under clause (ii) shall be notified of the demand for such data.
(B) Subject to all applicable laws regarding confidentiality, only the data collected by the Secretary under this section which is not personal data shall be made available to bona fide researchers and policy analysts (including the Congress) for the purposes of assisting in the conduct of studies respecting health professions personnel.
(4) "Program entity" defined
For purposes of this subsection, the term "program entity" means any public or private entity which collects, compiles, or analyzes health professions data under an arrangement with the Secretary for purposes of this section.
(c) Report
The Secretary shall submit biennially to the Committee on Energy and Commerce of the House of Representatives and to the Committee on Labor and Human Resources of the Senate a report on—
(1) the statistics and other information developed pursuant to subsection (a) of this section; and
(2) the activities conducted under this subchapter, including an evaluation of such activities.
Such report shall contain such recommendations for legislation as the Secretary determines are needed to improve the programs authorized under such subparts.1 The Office of Management and Budget may review such report before its submission to such Committees, but the Office may not revise the report or delay its submission beyond the date prescribed for its submission and may submit to such Committees its comments respecting such report.
(d) "Public and community health personnel" defined
For purposes of this section, the term "public and community health personnel" means individuals who are engaged in—
(1) the planning, development, monitoring, or management of health care or health care institutions, organizations, or systems,
(2) research on health care development and the collection and analysis of health statistics, data on the health of population groups, and any other health data,
(3) the development and improvement of individual and community knowledge of health (including environmental health and preventive medicine) and the health care system, or
(4) the planning and development of a healthful environment and control of environmental health hazards.
(July 1, 1944, ch. 373, title VII, §793, as added Oct. 13, 1992,
References in Text
Such subparts, referred to in subsec. (c), meant subparts I and II of part D of this subchapter prior to the amendment of subsec. (c)(2) by
Prior Provisions
A prior section 793 of act July 1, 1944, was classified to
Another prior section 793 of act July 1, 1944, was renumbered section 794 by
Amendments
1992—Subsec. (c)(2).
Change of Name
Committee on Energy and Commerce of House of Representatives changed to Committee on Commerce of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Effective Date of 1992 Amendment
Amendment by
1 See References in Text note below.
§295m. Prohibition against discrimination on basis of sex
The Secretary may not make a grant, loan guarantee, or interest subsidy payment under this subchapter to, or for the benefit of, any school of medicine, osteopathic medicine, dentistry, veterinary medicine, optometry, pharmacy, podiatric medicine, or public health or any training center for allied health personnel, or graduate program in clinical psychology, unless the application for the grant, loan guarantee, or interest subsidy payment contains assurances satisfactory to the Secretary that the school or training center will not discriminate on the basis of sex in the admission of individuals to its training programs. The Secretary may not enter into a contract under this subchapter with any such school or training center unless the school, training center, or graduate program furnishes assurances satisfactory to the Secretary that it will not discriminate on the basis of sex in the admission of individuals to its training programs. In the case of a school of medicine which—
(1) on October 13, 1992, is in the process of changing its status as an institution which admits only female students to that of an institution which admits students without regard to their sex, and
(2) is carrying out such change in accordance with a plan approved by the Secretary,
the provisions of the preceding sentences of this section shall apply only with respect to a grant, contract, loan guarantee, or interest subsidy to, or for the benefit of such a school for a fiscal year beginning after June 30, 1979.
(July 1, 1944, ch. 373, title VII, §794, as added Oct. 13, 1992,
Prior Provisions
A prior section 794 of act July 1, 1944, was classified to
Another prior section 794 of act July 1, 1944, was classified to
§295n. Obligated service regarding certain programs
(a) In general
In the case of any program under this subchapter under which a scholarship, stipend, or other financial assistance is provided to an individual with respect to education as a health professional (including a program that provides for the repayment of loans), if the program provides that the provision of the financial assistance involved is subject to this section, then the assistance may be provided only if the individual makes agreements as follows:
(1) The individual will complete the program of education with respect to which such assistance is provided (in the case of assistance provided for purposes other than the repayment of loans).
(2) In the case of an individual who receives such assistance with respect to attendance at a school of medicine or osteopathic medicine, the individual will—
(A) enter and complete a residency training program in a specialty in primary health care not later than 4 years after completing the program of education described in paragraph (1); and
(B) practice in the specialty for 5 years after completing the residency training program.
(3) In the case of an individual who receives such assistance with respect to attendance at a school of dentistry, the individual will practice in general dentistry for 5 years (exclusive of any period during which the individual is attending a residency training program in general dentistry).
(4) Subsection (b) of this section applies with respect to the breach of agreements made under any of paragraphs (1) through (3).
(b) Breach of agreements
(1) In general
For purposes of subsection (a)(4) of this section, the following applies:
(A) In the case of a program under this subchapter that provides financial assistance for attendance at a program of education in a health profession, the individual is liable to the Federal Government for the amount of the award (including amounts provided for expenses related to such attendance), and for interest on such amount at the maximum legal prevailing rate, if the individual—
(i) fails to maintain an acceptable level of academic standing in the program of education (as indicated by such program in accordance with requirements established by the Secretary);
(ii) is dismissed from the program for disciplinary reasons; or
(iii) voluntarily terminates the program.
(B) The individual is liable to the Federal Government for the amount of the award (including amounts provided for expenses related to such attendance), and for interest on such amount at the maximum legal prevailing rate, if the individual fails to comply with the agreement made under subsection (a)(2) of this section.
(2) Waiver or suspension of liability
In the case of an individual making agreements under subsection (a) of this section, the Secretary shall provide for the waiver or suspension of liability under paragraph (1) if compliance by the individual with the agreements involved is impossible, or would involve extreme hardship to the individual, and if enforcement of the agreements with respect to the individual would be unconscionable.
(3) Date certain for recovery
Subject to paragraph (2), any amount that the Federal Government is entitled to recover under paragraph (1) shall be paid to the United States not later than the expiration of the three-year period beginning on the date the United States becomes so entitled.
(July 1, 1944, ch. 373, title VII, §795, as added Oct. 13, 1992,
Prior Provisions
A prior section 795 of act July 1, 1944, was classified to
Another prior section 795 of act July 1, 1944, was classified to
Amendments
1992—Subsec. (a)(3).
Effective Date of 1992 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§295o. Certain general provisions
(a) Peer review
Each application for a grant or contract under this subchapter shall be submitted to a peer review group for an evaluation of the merits of the proposals made in the application. The Secretary may not approve such an application unless a peer review group has recommended the application for approval. Each peer review group under this subsection shall be composed principally of individuals who are not officers or employees of the Federal Government. This subsection shall be carried out by the Secretary acting through the Administrator of the Health Resources and Services Administration.
(b) Delegation of authority of Secretary
The Secretary may delegate the authority to administer any program authorized by this subchapter to the administrator of a central or regional office or offices of the Department, except that the authority to make such a grant, enter into such a contract, continue such a grant or contract, or modify such a contract, shall not be delegated to any administrator of, or officer in, a regional office or offices of the Department.
(c) Differential tuition and fees
The Secretary may not enter into a contract with, or make a grant, loan guarantee, or interest subsidy payment under this subchapter or subchapter VI of this chapter, to or for the benefit of, any school, program, or training center if the tuition levels or educational fees at such school, program, or training center are higher for certain students solely on the basis that such students are the recipients of traineeships, loans, loan guarantees, service scholarships, or interest subsidies from the Federal Government.
(d) Applicability of certain provisions on contracts
Contracts authorized by this subchapter may be entered into without regard to
(e) Records and audits
(1) Maintenance of records
(A) Each entity which receives a grant, loan, loan guarantee, or interest subsidy or which enters into a contract with the Secretary under this subchapter, shall establish and maintain such records as the Secretary shall by regulation or order require.
(B) The Secretary may specify, by regulation, the form and manner in which such records, required by subparagraph (A), shall be established and maintained.
(2) Biennial audits
Each entity which received a grant or entered into a contract under this subchapter shall provide for a biennial financial audit of any books, accounts, financial records, files, and other papers and property which relate to the disposition or use of the funds received under such grant or contract and such other funds received by or allocated to the project or undertaking for which such grant or contract was made. For purposes of assuring accurate, current, and complete disclosure of the disposition or use of the funds received, each such audit shall be conducted in accordance with such requirements concerning the individual or agency which conducts the audit, and such standards applicable to the performance of the audit, as the Secretary may by regulation provide. A report of each such audit shall be filed with the Secretary at such time and in such manner as he may require.
(3) Applicability to students
A student recipient of a scholarship, traineeship, loan, or loan guarantee under this subchapter shall not be required to establish or maintain the records required in paragraph (1) or provide for an audit required in paragraph (2).
(4) Availability of documents, etc.
(A) Each entity which is required to establish and maintain records or to provide for an audit under this subsection shall make such books, documents, papers, and records available to the Secretary or the Comptroller General of the United States, or any of their duly authorized representatives, for examination, copying, or mechanical reproduction on or off the premises of such entity upon a reasonable request therefor.
(B) The Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, shall have the authority to carry out the purposes of this paragraph.
(f) Miscellaneous provisions
(1) Payments under grants
Grants made under this subchapter may be paid (A) in advance or by way of reimbursement, (B) at such intervals and on such conditions as the Secretary may find necessary, and (C) with appropriate adjustments on account of overpayments or underpayments previously made.
(2) Applications for grants and contracts
No grant may be made or contract entered into under this subchapter unless an application therefor has been submitted to and approved by the Secretary. Such application shall be in such form, submitted in such manner, and contain such information, as the Secretary shall by regulation prescribe.
(3) Assurances
Whenever in this subchapter an applicant is required to provide assurances to the Secretary, or an application is required to contain assurances or be supported by assurances, the Secretary shall determine before approving the application that the assurances provided are made in good faith.
(4) Technical assistance
Funds appropriated under this subchapter may be used by the Secretary to provide technical assistance in relation to any of the authorities under this subchapter.
(5) Graduates of foreign medical schools
The Secretary may make an award of a grant, cooperative agreement, or contract under this subchapter to an entity (including a school) that provides graduate training in the health professions only if the entity agrees that, in considering applications for admissions to a program of such training, the entity will not refuse to consider an application solely on the basis that the application is submitted by a graduate of a foreign medical school. This paragraph may not be construed as establishing any private right of action.
(July 1, 1944, ch. 373, title VII, §798, as added Oct. 13, 1992,
Prior Provisions
A prior section 798 of act July 1, 1944, was classified to
Another prior section 798(a) of act July 1, 1944, was classified to
Amendments
1992—Subsec. (d).
Effective Date of 1992 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§295p. Definitions
For purposes of this subchapter:
(1)(A) The terms "school of medicine", "school of dentistry", "school of osteopathic medicine", "school of pharmacy", "school of optometry", "school of podiatric medicine", "school of veterinary medicine", "school of public health", and "school of chiropractic" mean an accredited public or nonprofit private school in a State that provides training leading, respectively, to a degree of doctor of medicine, a degree of doctor of dentistry or an equivalent degree, a degree of doctor of osteopathy, a degree of bachelor of science in pharmacy or an equivalent degree or a degree of doctor of pharmacy or an equivalent degree, a degree of doctor of optometry or an equivalent degree, a degree of doctor of podiatric medicine or an equivalent degree, a degree of doctor of veterinary medicine or an equivalent degree, a graduate degree in public health or an equivalent degree, and a degree of doctor of chiropractic or an equivalent degree, and including advanced training related to such training provided by any such school.
(B) The terms "graduate program in health administration" and "graduate program in clinical psychology" mean an accredited graduate program in a public or nonprofit private institution in a State that provides training leading, respectively, to a graduate degree in health administration or an equivalent degree and a doctoral degree in clinical psychology or an equivalent degree.
(C) The terms "graduate program in clinical social work" and "graduate program in marriage and family therapy" mean an accredited graduate program in a public or nonprofit private institution in a State that provides training, respectively, in a concentration in health or mental health care leading to a graduate degree in social work and a concentration leading to a graduate degree in marriage and family therapy.
(D) The term "graduate program in mental health practice" means a graduate program in clinical psychology, clinical social work, or marriage and family therapy.
(E) The term "accredited", when applied to a school of medicine, osteopathic medicine, dentistry, veterinary medicine, optometry, podiatry, pharmacy, public health, or chiropractic, or a graduate program in health administration, clinical psychology, clinical social work, or marriage and family therapy, means a school or program that is accredited by a recognized body or bodies approved for such purpose by the Secretary of Education, except that a new school or program that, by reason of an insufficient period of operation, is not, at the time of application for a grant or contract under this subchapter, eligible for accreditation by such a recognized body or bodies, shall be deemed accredited for purposes of this subchapter, if the Secretary of Education finds, after consultation with the appropriate accreditation body or bodies, that there is reasonable assurance that the school or program will meet the accreditation standards of such body or bodies prior to the beginning of the academic year following the normal graduation date of the first entering class in such school or program.
(2) The term "teaching facilities" means areas dedicated for use by students, faculty, or administrative or maintenance personnel for clinical purposes, research activities, libraries, classrooms, offices, auditoriums, dining areas, student activities, or other related purposes necessary for, and appropriate to, the conduct of comprehensive programs of education. Such term includes interim facilities but does not include off-site improvements or living quarters.
(3) The term "program for the training of physician assistants" means an educational program that—
(A) has as its objective the education of individuals who will, upon completion of their studies in the program, be qualified to provide primary health care under the supervision of a physician; and
(B) meets regulations prescribed by the Secretary in accordance with
(4) The term "school of allied health" means a public or nonprofit private college, junior college, or university or hospital-based educational entity that—
(A) provides, or can provide, programs of education to enable individuals to become allied health professionals or to provide additional training for allied health professionals;
(B) provides training for not less than a total of twenty persons in the allied health curricula (except that this subparagraph shall not apply to any hospital-based educational entity);
(C) includes or is affiliated with a teaching hospital; and
(D) is accredited by a recognized body or bodies approved for such purposes by the Secretary of Education, or which provides to the Secretary satisfactory assurance by such accrediting body or bodies that reasonable progress is being made toward accreditation.
(5) The term "allied health professionals" means a health professional (other than a registered nurse or physician assistant)—
(A) who has received a certificate, an associate's degree, a bachelor's degree, a master's degree, a doctoral degree, or postbaccalaureate training, in a science relating to health care;
(B) who shares in the responsibility for the delivery of health care services or related services, including—
(i) services relating to the identification, evaluation, and prevention of disease and disorders;
(ii) dietary and nutrition services;
(iii) health promotion services;
(iv) rehabilitation services; or
(v) health systems management services; and
(C) who has not received a degree of doctor of medicine, a degree of doctor of osteopathy, a degree of doctor of dentistry or an equivalent degree, a degree of doctor of veterinary medicine or an equivalent degree, a degree of doctor of optometry or an equivalent degree, a degree of doctor of podiatric medicine or an equivalent degree, a degree of bachelor of science in pharmacy or an equivalent degree, a degree of doctor of pharmacy or an equivalent degree, a graduate degree in public health or an equivalent degree, a degree of doctor of chiropractic or an equivalent degree, a graduate degree in health administration or an equivalent degree, a doctoral degree in clinical psychology or an equivalent degree, or a degree in social work or an equivalent degree.
(6) The term "medically underserved community" means an urban or rural area or population that—
(A) is eligible for designation under
(B) is eligible to be served by a migrant health center under
(C) has a shortage of personal health services, as determined under criteria issued by the Secretary under
(7) The term "Department" means the Department of Health and Human Services.
(8) The term "nonprofit" refers to the status of an entity owned and operated by one or more corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual.
(9) The term "State" includes, in addition to the several States, only the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands.
(10)(A) Subject to subparagraph (B), the term "underrepresented minorities" means, with respect to a health profession, racial and ethnic populations that are underrepresented in the health profession relative to the number of individuals who are members of the population involved.
(B) For purposes of subparagraph (A), Asian individuals shall be considered by the various subpopulations of such individuals.
(July 1, 1944, ch. 373, title VII, §799, as added Oct. 13, 1992,
Prior Provisions
A prior section 799 of act July 1, 1944, was classified to
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note set out preceding
Section Referred to in Other Sections
This section is referred to in