Source
(July 1, 1944, ch. 373, title III, § 330, as added Pub. L. 104–299, § 2, Oct. 11, 1996, 110 Stat. 3626; amended Pub. L. 107–251, title I, § 101, Oct. 26, 2002, 116 Stat. 1622; Pub. L. 108–163, § 2(a), Dec. 6, 2003, 117 Stat. 2020.)
References in Text
The Federal Credit Reform Act of 1990, referred to in subsec. (d)(1)(E), is title V of
Pub. L. 93–344, as added by
Pub. L. 101–508, title XIII, § 13201(a), Nov. 5, 1990,
104 Stat. 1388–609, which is classified generally to subchapter III (§ 661 et seq.) of chapter
17A of Title
2, The Congress. The Credit Reform Act of 1990, referred to in subsec. (d)(4)(A), probably means the Federal Credit Reform Act of 1990. For complete classification of this Act to the Code, see Short Title note set out under section
621 of Title
2 and Tables.
The Social Security Act, referred to in subsec. (k)(3)(E)(i), (F), is act Aug. 14, 1935, ch. 531,
49 Stat. 620, as amended. Titles XVIII, XIX, and XXI of the Act are classified generally to subchapters XVIII (§ 1395 et seq.), XIX (§ 1396 et seq.), and XXI (§ 1397aa et seq.) of chapter
7 of this title, respectively. For complete classification of this Act to the Code, see section
1305 of this title and Tables.
The Indian Self-Determination Act, referred to in subsec. (k)(3)(H), is title I of
Pub. L. 93–638, Jan. 4, 1975,
88 Stat. 2206, as amended, which is classified principally to part A (§ 450f et seq.) of subchapter
II of chapter
14 of Title
25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section
450 of Title
25 and Tables.
The Indian Health Care Improvement Act, referred to in subsec. (k)(3)(H), is
Pub. L. 94–437, Sept. 30, 1976,
90 Stat. 1400, as amended, which is classified principally to chapter 18 (§ 1601 et seq.) of Title 25. For complete classification of this Act to the Code, see Short Title note set out under section
1601 of Title
25 and Tables.
Prior Provisions
A prior section
254a–1, act July 1, 1944, ch. 373, title III, § 328, as added Nov. 10, 1978,
Pub. L. 95–626, title I, § 114,
92 Stat. 3563; amended
Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979,
93 Stat. 695, related to hospital-affiliated primary care centers, prior to repeal by
Pub. L. 99–117, § 12(c), Oct. 7, 1985,
99 Stat. 495.
A prior section
254b, act July 1, 1944, ch. 373, title III, § 329, formerly § 310, as added Sept. 25, 1962,
Pub. L. 87–692,
76 Stat. 592; amended Aug. 5, 1965,
Pub. L. 89–109, § 3,
79 Stat. 436; Oct. 15, 1968,
Pub. L. 90–574, title II, § 201,
82 Stat. 1006; Mar. 12, 1970,
Pub. L. 91–209,
84 Stat. 52; June 18, 1973,
Pub. L. 93–45, title I, § 105,
87 Stat. 91; renumbered § 319, July 23, 1974,
Pub. L. 93–353, title I, § 102(d),
88 Stat. 362; amended July 29, 1975,
Pub. L. 94–63, title IV, § 401(a), title VII, § 701(c),
89 Stat. 334, 352; Apr. 22, 1976,
Pub. L. 94–278, title VIII, § 801(a),
90 Stat. 414; Aug. 1, 1977,
Pub. L. 95–83, title III, § 303,
91 Stat. 388; renumbered § 329 and amended Nov. 10, 1978,
Pub. L. 95–626, title I, §§ 102(a),
103
(a)–(g)(1)(B), (2), (h), (i),
92 Stat. 3551–3555; July 10, 1979,
Pub. L. 96–32, § 6(a),
93 Stat. 83; Oct. 17, 1979,
Pub. L. 96–88, title V, § 509(b),
93 Stat. 695; Aug. 13, 1981,
Pub. L. 97–35, title IX, § 930,
95 Stat. 569; Dec. 21, 1982,
Pub. L. 97–375, title I, § 107(b),
96 Stat. 1820; Apr. 24, 1986,
Pub. L. 99–280, §§ 6,
7,
100 Stat. 400, 401; Aug. 10, 1988,
Pub. L. 100–386, § 2,
102 Stat. 919; Nov. 6, 1990,
Pub. L. 101–527, § 9(b),
104 Stat. 2333; Oct. 27, 1992,
Pub. L. 102–531, title III, § 309(a),
106 Stat. 3499, related to migrant health centers, prior to the general amendment of this subpart by
Pub. L. 104–299, § 2.
Another prior section
254b, act July 1, 1944, ch. 373, title III, § 329, as added Dec. 31, 1970,
Pub. L. 91–623, § 2,
84 Stat. 1868; amended Nov. 18, 1971,
Pub. L. 92–157, title II, § 203,
85 Stat. 462; Oct. 27, 1972,
Pub. L. 92–585, § 2,
86 Stat. 1290; July 29, 1975,
Pub. L. 94–63, title VIII, §§ 801–803,
89 Stat. 353, 354; Oct. 12, 1976,
Pub. L. 94–484, title I, § 101(b),
90 Stat. 2244, related to establishment of National Health Service Corps, assignment of personnel and statement of purpose, prior to repeal by
Pub. L. 94–484, title IV, § 407(b)(1), Oct. 12, 1976,
90 Stat. 2268. See section
254d et seq. of this title.
A prior section 330 of act July 1, 1944, was classified to section
254c of this title prior to the general amendment of this subpart by
Pub. L. 104–299.
Amendments
2003—Subsec. (c)(1)(B).
Pub. L. 108–163, § 2(a)(2)(A), substituted “plan.” for “plan..” in introductory provisions.
Subsec. (d)(1)(B)(iii)(I).
Pub. L. 108–163, § 2(a)(2)(B), inserted “or” at end.
Subsec. (e)(3) to (5).
Pub. L. 108–163, § 2(a)(1)(A), amended pars. (3) to (5) to read as if subpar. (C) of the second par. (4) of section 101 of
Pub. L. 107–251 had not been enacted. See 2002 Amendment notes below.
Subsec. (j).
Pub. L. 108–163, § 2(a)(2)(E), added subsec. (j) identical to the subsec. (j) appearing in the amendment by section 101(8)(C) of
Pub. L. 107–251. See 2002 Amendment notes below. Former subsec. (j) redesignated (k).
Pub. L. 108–163, § 2(a)(1)(C), amended subsec. (j) to read as if pars. (8) through (11) of section 101 of
Pub. L. 107–251 had not been enacted. See 2002 Amendment notes below.
Subsec. (j)(3)(H).
Pub. L. 108–163, § 2(a)(1)(B), amended subpar. (H) to read as if subpar. (C) of par. (7) of section 101 of
Pub. L. 107–251 had not been enacted. See 2002 Amendment note below.
Subsec. (k).
Pub. L. 108–163, § 2(a)(2)(C), (D), redesignated subsec. (j) as (k) and struck out heading and text of former subsec. (k). Text read as follows: “The Secretary may provide (either through the Department of Health and Human Services or by grant or contract) all necessary technical and other nonfinancial assistance (including fiscal and program management assistance and training in such management) to any public or private nonprofit entity to assist entities in developing plans for, or operating as, health centers, and in meeting the requirements of subsection (j)(2) of this section.”
Pub. L. 108–163, § 2(a)(1)(C), amended subsec. (k) to read as if pars. (8) through (11) of section 101 of
Pub. L. 107–251 had not been enacted. See 2002 Amendment notes below.
Subsec. (l).
Pub. L. 108–163, § 2(a)(2)(H), inserted “(either through the Department of Health and Human Services or by grant or contract)” after “shall provide” and substituted “(k)(3)” for “(l)(3)”.
Pub. L. 108–163, § 2(a)(2)(G), added subsec. (l) identical to the subsec. (m) appearing in the amendment by section 101(9) of
Pub. L. 107–251. See 2002 Amendment notes below. Former subsec. (l) redesignated (r).
Pub. L. 108–163, § 2(a)(1)(C), amended subsec. (l) to read as if pars. (8) through (11) of section 101 of
Pub. L. 107–251 had not been enacted. See 2002 Amendment note below.
Subsecs. (m) to (o).
Pub. L. 108–163, § 2(a)(1)(C), amended subsecs. (m) to (o) to read as if pars. (8) through (11) of section 101 of
Pub. L. 107–251 had not been enacted. See 2002 Amendment notes below.
Subsec. (p).
Pub. L. 108–163, § 2(a)(2)(I), substituted “(k)(3)(G)” for “(j)(3)(G)”.
Pub. L. 108–163, § 2(a)(1)(C), amended subsec. (p) to read as if pars. (8) through (11) of section 101 of
Pub. L. 107–251 had not been enacted. See 2002 Amendment note below.
Subsec. (q).
Pub. L. 108–163, § 2(a)(1)(C), amended subsec. (q) to read as if pars. (8) through (11) of section 101 of
Pub. L. 107–251 had not been enacted. See 2002 Amendment note below.
Subsec. (r).
Pub. L. 108–163, § 2(a)(2)(F), redesignated subsec. (l) as (r).
Pub. L. 108–163, § 2(a)(1)(C), amended subsec. (r) to read as if pars. (8) through (11) of section 101 of
Pub. L. 107–251 had not been enacted. See 2002 Amendment note below.
Subsec. (r)(1).
Pub. L. 108–163, § 2(a)(2)(J)(i), substituted “$1,340,000,000 for fiscal year 2002 and such sums as may be necessary for each of the fiscal years 2003 through 2006” for “$802,124,000 for fiscal year 1997, and such sums as may be necessary for each of the fiscal years 1998 through 2001”.
Subsec. (r)(2)(A).
Pub. L. 108–163, § 2(a)(2)(J)(ii), substituted “(k)(3)” for “(j)(3)” and “(k)(3)(H)” for “(j)(3)(G)(ii)”.
Subsec. (r)(2)(B).
Pub. L. 108–163, § 2(a)(2)(J)(iii), added subpar. (B) identical to the subpar. (B) appearing in the amendment by section 101(11)(B)(ii) of
Pub. L. 107–251 and struck out heading and text of former subpar. (B) relating to distribution of grants for fiscal years 1997 through 1999. See 2002 Amendment note below.
Subsec. (s).
Pub. L. 108–163, § 2(a)(1)(C), amended subsec. (s) to read as if pars. (8) through (11) of section 101 of
Pub. L. 107–251 had not been enacted. See 2002 Amendment notes below.
2002—Subsec. (b)(1)(A)(i)(III)(bb).
Pub. L. 107–251, § 101(1)(A), substituted “appropriate cancer screening” for “screening for breast and cervical cancer”.
Subsec. (b)(1)(A)(ii).
Pub. L. 107–251, § 101(1)(B), inserted “(including specialty referral when medically indicated)” after “medical services”.
Subsec. (b)(1)(A)(iii).
Pub. L. 107–251, § 101(1)(C), inserted “housing,” after “social,”.
Subsec. (b)(2)(A).
Pub. L. 107–251, § 101(2)(C), added subpar. (A). Former subpar. (A) redesignated (C).
Subsec. (b)(2)(A)(i).
Pub. L. 107–251, § 101(2)(A), substituted “associated with—” and subcls. (I) to (IV) for “associated with water supply;”.
Subsec. (b)(2)(B) to (D).
Pub. L. 107–251, § 101(2)(B), (C), added subpar. (B) and redesignated former subpars. (A) and (B) as (C) and (D), respectively.
Subsec. (c)(1)(B).
Pub. L. 107–251, § 101(3)(A)(iii), struck out concluding provisions which read as follows: “Any such grant may include the acquisition and lease of buildings and equipment which may include data and information systems (including the costs of amortizing the principal of, and paying the interest on, loans), and providing training and technical assistance related to the provision of health services on a prepaid basis or under another managed care arrangement, and for other purposes that promote the development of managed care networks and plans.”
Pub. L. 107–251, § 101(3)(A)(ii), in introductory provisions, substituted “managed care network or plan.” for “network or plan for the provision of health services, which may include the provision of health services on a prepaid basis or through another managed care arrangement, to some or to all of the individuals which the centers serve”.
Pub. L. 107–251, § 101(3)(A)(i), substituted “Managed care” for “Comprehensive service delivery” in heading.
Subsec. (c)(1)(C), (D).
Pub. L. 107–251, § 101(3)(B), added subpars. (C) and (D).
Subsec. (d).
Pub. L. 107–251, § 101(4)(A), substituted “Loan guarantee program” for “Managed care loan guarantee program” in heading.
Subsec. (d)(1)(A).
Pub. L. 107–251, § 101(4)(B)(i), substituted “up to 90 percent of the principal and interest on loans made by non-Federal lenders to health centers, funded under this section, for the costs of developing and operating managed care networks or plans described in subsection (c)(1)(B) of this section, or practice management networks described in subsection (c)(1)(C) of this section” for “the principal and interest on loans made by non-Federal lenders to health centers funded under this section for the costs of developing and operating managed care networks or plans”.
Subsec. (d)(1)(B)(iii).
Pub. L. 107–251, § 101(4)(B)(ii), added cl. (iii).
Subsec. (d)(1)(D), (E).
Pub. L. 107–251, § 101(4)(B)(iii), added subpars. (D) and (E).
Subsec. (d)(6) to (8).
Pub. L. 107–251, § 101(4)(C), redesignated par. (8) as (6) and struck out headings and text of former pars. (6) and (7) which related to annual reports and program evaluation, respectively.
Subsec. (e)(1)(B).
Pub. L. 107–251, § 101(4)(A)(i), substituted “subsection (k)(3)” for “subsection (j)(3)”.
Subsec. (e)(1)(C).
Pub. L. 107–251, § 101(4)(A)(ii), added subpar. (C).
Subsec. (e)(3).
Pub. L. 107–251, § 101(4)(C), redesignated par. (4), relating to limitation, as (3).
Subsec. (e)(4).
Pub. L. 107–251, § 101(4)(C), redesignated par. (5) as (4). Former par. (4) redesignated (3).
Subsec. (e)(5).
Pub. L. 107–251, § 101(4)(B), (C), redesignated par. (5) as (4), inserted “subparagraphs (A) and (B) of” after “any fiscal year under” in subpar. (A), added subpar. (B), and redesignated former subpars. (B) and (C) as (C) and (D), respectively.
Subsec. (g)(2)(A).
Pub. L. 107–251, § 101(5)(A)(i), inserted “and seasonal agricultural worker” after “migratory agricultural worker”.
Subsec. (g)(2)(B).
Pub. L. 107–251, § 101(5)(A)(ii), substituted “and seasonal agricultural workers, and members of their families,” for “and members of their families”.
Subsec. (g)(3)(A).
Pub. L. 107–251, § 101(5)(B), struck out “on a seasonal basis” after “in agriculture”.
Subsec. (h)(1).
Pub. L. 107–251, § 101(6)(A), substituted “homeless children and youth and children and youth at risk of homelessness” for “homeless children and children at risk of homelessness”.
Subsec. (h)(4).
Pub. L. 107–251, § 101(6)(B)(ii), added par. (4). Former par. (4) redesignated (5).
Subsec. (h)(5).
Pub. L. 107–251, § 101(6)(B)(i), (C), redesignated par. (4) as (5) and substituted “, risk reduction, outpatient treatment, residential treatment, and rehabilitation” for “and residential treatment” in subpar. (C).
Subsec. (j).
Pub. L. 107–251, § 101(8)(C), added subsec. (j) relating to access grants.
Pub. L. 107–251, § 101(8)(B), which directed the redesignation of subsecs. (j), (k), and (m) through (q) as subsecs. (n), (o), and (p) through (s), respectively, could not be executed.
Subsec. (j)(3)(E)(i).
Pub. L. 107–251, § 101(7)(A)(i), designated existing provisions as subcl. (I) and added subcl. (II).
Subsec. (j)(3)(E)(ii).
Pub. L. 107–251, § 101(7)(A)(ii), substituted “arrangements described in subclauses (I) and (II) of clause (i)” for “such an arrangement”.
Subsec. (j)(3)(G)(iii), (iv).
Pub. L. 107–251, § 101(7)(B), added cl. (iii) and redesignated former cl. (iii) as (iv).
Subsec. (j)(3)(H).
Pub. L. 107–251, § 101(7)(C), substituted “or (q)” for “or (p)” in concluding provisions.
Subsec. (j)(3)(M).
Pub. L. 107–251, § 101(7)(D)–(F), added subpar. (M).
Subsec. (k).
Pub. L. 107–251, § 101(8)(B), which directed the redesignation of subsecs. (j), (k), and (m) through (q) as subsecs. (n), (o), and (p) through (s), respectively, could not be executed.
Subsec. (l).
Pub. L. 107–251, § 101(8)(A), redesignated subsec. (l) as (s).
Subsec. (m).
Pub. L. 107–251, § 101(9), which directed striking subsec. (m) (as redesignated by paragraph (9)(B)) and adding a new subsec. (m), could not be executed. The new subsec. (m) to be added read as follows: “(m) Technical Assistance.—The Secretary shall establish a program through which the Secretary shall provide technical and other assistance to eligible entities to assist such entities to meet the requirements of subsection (l)(3) of this section. Services provided through the program may include necessary technical and nonfinancial assistance, including fiscal and program management assistance, training in fiscal and program management, operational and administrative support, and the provision of information to the entities of the variety of resources available under this subchapter and how those resources can be best used to meet the health needs of the communities served by the entities.”
Pub. L. 107–251, § 101(8)(B), which directed the redesignation of subsecs. (j), (k), and (m) through (q) as subsecs. (n), (o), and (p) through (s), respectively, could not be executed.
Subsecs. (n) to (p).
Pub. L. 107–251, § 101(8)(B), which directed the redesignation of subsecs. (j), (k), and (m) through (q) as subsecs. (n), (o), and (p) through (s), respectively, could not be executed.
Subsec. (q).
Pub. L. 107–251, § 101(10), which directed the substitution of “(l)(3)(G)” for “(j)(3)(G)” in subsec. (q) “(as redesignated by paragraph (9)(B))”, could not be executed.
Pub. L. 107–251, § 101(8)(B), which directed the redesignation of subsecs. (j), (k), and (m) through (q) as subsecs. (n), (o), and (p) through (s), respectively, could not be executed.
Subsec. (r).
Pub. L. 107–251, § 101(8)(B), which directed the redesignation of subsecs. (j), (k), and (m) through (q) as subsecs. (n), (o), and (p) through (s), respectively, could not be executed.
Subsec. (s).
Pub. L. 107–251, § 101(8)(B), which directed the redesignation of subsecs. (j), (k), and (m) through (q) as subsecs. (n), (o), and (p) through (s), respectively, could not be executed.
Subsec. (s)(1).
Pub. L. 107–251, § 101(11)(A), substituted “$1,340,000,000 for fiscal year 2002 and such sums as may be necessary for each of the fiscal years 2003 through 2006” for “$802,124,000 for fiscal year 1997, and such sums as may be necessary for each of the fiscal years 1998 through 2001”.
Subsec. (s)(2)(A).
Pub. L. 107–251, § 101(11)(B)(i), substituted “(l)(3)” for “(j)(3)” and “(l)(3)(H)” for “(j)(3)(G)(ii)”.
Subsec. (s)(2)(B).
Pub. L. 107–251, § 101(11)(B)(ii), added subpar. (B) and struck out heading and text of former subpar. (B) relating to distribution of grants for fiscal years 1997 through 1999.
Effective Date of 2003 Amendment
Amendments by
Pub. L. 108–163 deemed to have taken effect immediately after the enactment of
Pub. L. 107–251, see section 3 of
Pub. L. 108–163, set out as a note under section
233 of this title.
Effective Date
Section effective Oct. 1, 1996, see section 5 of
Pub. L. 104–299, as amended, set out as an Effective Date of 1996 Amendment note under section
233 of this title.
Savings Provision for Current Grants, Contracts, and Cooperative Agreements
Section 3(b) of
Pub. L. 104–299 provided that: “The Secretary of Health and Human Services shall ensure the continued funding of grants made, or contracts or cooperative agreements entered into, under subpart I of part D of title III of the Public Health Service Act (
42 U.S.C.
254b et seq.) (as such subpart existed on the day prior to the date of enactment of this Act [Oct. 11, 1996]), until the expiration of the grant period or the term of the contract or cooperative agreement. Such funding shall be continued under the same terms and conditions as were in effect on the date on which the grant, contract or cooperative agreement was awarded, subject to the availability of appropriations.”
Guarantee Study
Pub. L. 107–251, title V, § 501, Oct. 26, 2002,
116 Stat. 1664, as amended by
Pub. L. 108–163, § 2(n)(2), Dec. 6, 2003,
117 Stat. 2023, provided that: “The Secretary of Health and Human Services shall conduct a study regarding the ability of the Department of Health and Human Services to provide for guarantees of solvency for managed care networks or plans involving health centers receiving funding under section 330 of the Public Health Service Act [this section]. The Secretary shall prepare and submit a report to the appropriate Committees of Congress regarding such ability not later than 2 years after the date of enactment of the Health Care Safety Net Amendments of 2002 [Oct. 26, 2002].”
Reference to Community, Migrant, Public Housing, or Homeless Health Center Considered Reference to Health Center
Section 4(c) of
Pub. L. 104–299 provided that: “Whenever any reference is made in any provision of law, regulation, rule, record, or document to a community health center, migrant health center, public housing health center, or homeless health center, such reference shall be considered a reference to a health center.”
Legislative Proposal for Changes Conforming to Pub. L. 104–299
Section 4(e) of
Pub. L. 104–299 provided that: “After consultation with the appropriate committees of the Congress, the Secretary of Health and Human Services shall prepare and submit to the Congress a legislative proposal in the form of an implementing bill containing technical and conforming amendments to reflect the changes made by this Act [see Short Title of 1996 Amendments note set out under section
201 of this title].”