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42 U.S.C. § 291j — Recovery of expenditures under certain conditions

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 291j — Recovery of expenditures under certain conditions

**(a) Persons liable** If any facility with respect to which funds have been paid under [section 291f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section291f&num=0&edition=prelim) shall, at any time within 20 years after the completion of construction or modernization— (1) be sold or transferred to any entity (A) which is not qualified to file an application under [section 291e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section291e&num=0&edition=prelim), or (B) which is not approved as a transferee by the State agency designated pursuant to [section 291d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section291d&num=0&edition=prelim), or its successor, or (2) cease to be a public health center or a public or other nonprofit hospital, outpatient facility, facility for long-term care, or rehabilitation facility, the United States shall be entitled to recover, whether from the transferor or the transferee (or, in the case of a facility which has ceased to be public or nonprofit, from the owners thereof) an amount determined under subsection (c). **(b) Notice to Secretary** The transferor of a facility which is sold or transferred as described in subsection (a)(1), or the owner of a facility the use of which is changed as described in subsection (a)(2), shall provide the Secretary written notice of such sale, transfer, or change not later than the expiration of 10 days from the date on which such sale, transfer, or change occurs. **(c) Amount of recovery; interest; interest period** (1) Except as provided in paragraph (2), the amount the United States shall be entitled to recover under subsection (a) is an amount bearing the same ratio to the then value

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Stable record: federal_law:legal_authorities:record_usc_849eaa8485cb9c5d47dc1079
Source file: Laws/federal/codes/united-states-code/title-42/section-291j-recovery-of-expenditures-under-certain-conditions--0f2c09f56d.md
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Passage SHA-256: 580f51b76af6c4a68828d9f216ea3b89b1db2d4f12d081beecf95271e8e06e68
Retained source evidence SHA-256: 8547c970360beb29f54743ed2c07822bbba96a94b7b67b106ea0415166671bea

Source location: Title 42, Chapter 6A, § 291j; chapter-6a-public-health-service.md

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**(a) Persons liable** If any facility with respect to which funds have been paid under [section 291f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section291f&num=0&edition=prelim) shall, at any time within 20 years after the completion of construction or modernization— (1) be sold or transferred to any entity (A) which is not qualified to file an application under [section 291e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section291e&num=0&edition=prelim), or (B) which is not approved as a transferee by the State agency designated pursuant to [section 291d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section291d&num=0&edition=prelim), or its successor, or (2) cease to be a public health center or a public or other nonprofit hospital, outpatient facility, facility for long-term care, or rehabilitation facility, the United States shall be entitled to recover, whether from the transferor or the transferee (or, in the case of a facility which has ceased to be public or nonprofit, from the owners thereof) an amount determined under subsection (c). **(b) Notice to Secretary** The transferor of a facility which is sold or transferred as described in subsection (a)(1), or the owner of a facility the use of which is changed as described in subsection (a)(2), shall provide the Secretary written notice of such sale, transfer, or change not later than the expiration of 10 days from the date on which such sale, transfer, or change occurs. **(c) Amount of recovery; interest; interest period** (1) Except as provided in paragraph (2), the amount the United States shall be entitled to recover under subsection (a) is an amount bearing the same ratio to the then value (as determined by the agreement of the parties or in an action brought in the district court of the United States for the district for which the facility involved is situated) of so much of the facility as constituted an approved project or projects as the amount of the Federal participation bore to the cost of the construction or modernization of such project or projects. (2) (A) After the expiration of— (i) 180 days after the date of the sale, transfer, or change of use for which a notice is required by subsection (b), in the case of a facility which is sold or transferred or the use of which changes after July 18, 1984, or (ii) thirty days after July 18, 1984, or if later 180 days after the date of the sale, transfer, or change of use for which a notice is required by subsection (b), in the case of a facility which was sold or transferred or the use of which changed before July 18, 1984.11 So in original. The period probably should be a comma. the amount which the United States is entitled to recover under paragraph (1) with respect to a facility shall be the amount prescribed by paragraph (1) plus interest, during the period described in subparagraph (B), at a rate (determined by the Secretary) based on the average of the bond equivalent of the weekly ninety-day Treasury bill auction rate. (B) The period referred to in subparagraph (A) is the period beginning— (i) in the case of a facility which was sold or transferred or the use of which changed before July 18, 1984, thirty days after such date or if later 180 days after the date of the sale, transfer, or change of use for which a notice is required by subsection (b), (ii) in the case of a facility with respect to which notice is provided in accordance with subsection (b), upon the expiration of 180 days after the receipt of such notice, or (iii) in the case of a facility with respect to which such notice is not provided as prescribed by subsection (b), on the date of the sale, transfer, or change of use for which such notice was to be provided, and ending on the date the amount the United States is entitled to under paragraph (1) is collected. **(d) Waiver** (1) The Secretary may waive the recovery rights of the United States under subsection (a)(1) with respect to a facility in any State if the Secretary determines, in accordance with regulations, that the entity to which the facility was sold or transferred— (A) has established an irrevocable trust— (i) in an amount equal to the greater of twice the cost of the remaining obligation of the facility under clause (2) of [section 291c(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section291c/e&num=0&edition=prelim) or the amount, determined under subsection (c), that the United States is entitled to recover, and (ii) which will only be used by the entity to provide the care required by clause (2) of [section 291c(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section291c/e&num=0&edition=prelim); and (B) will meet the obligation of the facility under clause (1) of [section 291c(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section291c/e&num=0&edition=prelim). (2) The Secretary may waive the recovery rights of the United States under subsection (a)(2) with respect to a facility in any State if the Secretary determines, in accordance with regulations, that there is good cause for waiving such rights with respect to such facility. **(e) Lien** The right of recovery of the United States under subsection (a) shall not constitute a lien on any facility with respect to which funds have been paid under [section 291f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section291f&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 291j — Loans

§ 291j. Loans (a) Authorization; conditions In order further to assist the States in car- rying out the purposes of this subchapter, the Surgeon General is authorized to make a loan of funds to the applicant for any project for con- struction or modernization which meets all of the conditions specified for a grant under this part. (b) Approval; payments to applicants Except as provided in this section, an applica- tion for a loan with respect to any project under this part shall be submitted, and shall be ap- proved by the Surgeon General, in accordance with the same procedures and subject to the same limitations and conditions as would be ap- plicable to the making of a grant under this part for such project. Any such application may be approved in any fiscal year only if sufficient funds are available from the allotment for the type of project involved. All loans under this section shall be paid directly to the applicant. (c) Terms (1) The amount of a loan under this part shall not exceed an amount equal to the Federal share of the estimated cost of construction or mod- ernization under the project. Where a loan and a grant are made under this part with respect to the same project, the aggregate amount of such loan and such grant shall not exceed an amount equal to the Federal share of the estimated cost of construction or modernization under the project. Each loan shall bear interest at the rate arrived at by adding one-quarter of 1 per centum per annum to the rate which the Secretary of the Treasury determines to be equal to the cur- rent average yield on all outstanding market- able obligations of the United States as of the last day of the month preceding the date the ap- plication for the loan is approved and by adjust- ing the resu

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 291j

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