42 U.S.C. § 254e — Health professional shortage areas

Page 389 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 254e Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. § 254e. Health professional shortage areas (a) Designation by Secretary; removal from areas designated; ‘‘medical facility’’ defined (1) For purposes of this subpart the term ‘‘health professional shortage area’’ means (A) an area in an urban or rural area (which need not conform to the geographic boundaries of a political subdivision and which is a rational area for the delivery of health services) which the Secretary determines has a health man- power shortage and which is not reasonably ac- cessible to an adequately served area, (B) a pop- ulation group which the Secretary determines has such a shortage, or (C) a public or nonprofit private medical facility or other public facility which the Secretary determines has such a shortage. All Federally qualified health centers and rural health clinics, as defined in section 1861(aa) of the Social Security Act (42 U.S.C. 1395x(aa)), that meet the requirements of section 254g of this title shall be automatically des- ignated as having such a shortage. The Sec- retary shall not remove an area from the areas determined to be health professional shortage areas under subparagraph (A) of the preceding sentence until the Secretary has afforded inter- ested persons and groups in such area an oppor- tunity to provide data and information in sup- port of the designation as a health professional shortage area or a population group described in subparagraph (B) of such sentence or a facility described in subparagraph (C) of such sentence, and has made a determination on the basis of the data and information submitted by such per- sons and groups and other data and information available to the Secretary. (2) For purposes of this subsection, the term ‘‘medical facility’’ means a facility for the deliv- ery of health services and includes— (A) a hospital, State mental hospital, public health center, outpatient medical facility, re- habilitation facility, facility for long-term care, community mental health center, mi- grant health center, facility operated by a city or county health department, and community health center; (B) such a facility of a State correctional in- stitution or of the Indian Health Service, and a health program or facility operated by a tribe or tribal organization under the Indian Self-Determination Act [25 U.S.C. 5321 et seq.]; (C) such a facility used in connection with the delivery of health services under section 248 of this title (relating to hospitals), 249 of this title (relating to care and treatment of persons under quarantine and others), 250 of this title (relating to care and treatment of Federal prisoners), 251 of this title (relating to examination and treatment of certain Federal employees), 252 of this title (relating to exam- ination of aliens), 253 of this title (relating to services to certain Federal employees), 247e of this title (relating to services for persons with Hansen’s disease), or 254b(h) of this title (re- lating to the provision of health services to homeless individuals); and (D) a Federal medical facility. (3) Homeless individuals (as defined in section 254b(h)(5) of this title), seasonal agricultural workers (as defined in section 254b(g)(3) of this title) and migratory agricultural workers (as so defined)), and residents of public housing (as de- fined in section 1437a(b)(1) of this title) may be population groups under paragraph (1). (b) Criteria for designation of health profes- sional shortage areas; promulgation of regu- lations The Secretary shall establish by regulation criteria for the designation of areas, population groups, medical facilities, and other public fa- cilities, in the States, as health professional shortage areas. In establishing such criteria, the Secretary shall take into consideration the fol- lowing: (1) The ratio of available health manpower to the number of individuals in an area or pop- ulation group, or served by a medical facility or other public facility under consideration for designation. (2) Indicators of a need, notwithstanding the supply of health manpower, for health services for the individuals in an area or population group or served by a medical facility or other public facility under consideration for des- ignation. (3) The percentage of physicians serving an area, population group, medical facility, or other public facility under consideration for designation who are employed by hospitals and who are graduates of foreign medical schools. (c) Considerations in determination of designa- tion In determining whether to make a designa- tion, the Secretary shall take into consideration the following: (1) The recommendations of the Governor of each State in which the area, population group, medical facility, or other public facil- ity under consideration for designation is in whole or part located. (2) The extent to which individuals who are (A) residents of the area, members of the popu- lation group, or patients in the medical facil- ity or other public facility under consider- ation for designation, and (B) entitled to have payment made for medical services under title XVIII, XIX, or XXI of the Social Security Act [42 U.S.C. 1395 et seq., 1396 et seq., 1397aa et seq.], cannot obtain such services because of suspension of physicians from the programs under such titles. (d) Designation; publication of descriptive lists (1) In accordance with the criteria established under subsection (b) and the considerations list- ed in subsection (c), the Secretary shall des- ignate health professional shortage areas in the States, publish a descriptive list of the areas, population groups, medical facilities, and other public facilities so designated, and at least an- nually review and, as necessary, revise such des- ignations. Page 390 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 254e (2) For purposes of paragraph (1), a complete descriptive list shall be published in the Federal Register not later than July 1 of 1991 and each subsequent year. (e) Notice of proposed designation of areas and facilities; time for comment (1) Prior to the designation of a public facility, including a Federal medical facility, as a health professional shortage area, the Secretary shall give written notice of such proposed designation to the chief administrative officer of such facil- ity and request comments within 30 days with respect to such designation. (2) Prior to the designation of a health profes- sional shortage area under this section, the Sec- retary shall, to the extent practicable, give written notice of the proposed designation of such area to appropriate public or private non- profit entities which are located or have a dem- onstrated interest in such area and request com- ments from such entities with respect to the proposed designation of such area. (f) Notice of designation The Secretary shall give written notice of the designation of a health professional shortage area, not later than 60 days from the date of such designation, to— (1) the Governor of each State in which the area, population group, medical facility, or other public facility so designated is in whole or part located; and (2) appropriate public or nonprofit private entities which are located or which have a demonstrated interest in the area so des- ignated. (g) Recommendations to Secretary Any person may recommend to the Secretary the designation of an area, population group, medical facility, or other public facility as a health professional shortage area. (h) Public information programs in designated areas The Secretary may conduct such information programs in areas, among population groups, and in medical facilities and other public facili- ties designated under this section as health pro- fessional shortage areas as may be necessary to inform public and nonprofit private entities which are located or have a demonstrated inter- est in such areas of the assistance available under this subchapter by virtue of the designa- tion of such areas. (i) Dissemination The Administrator of the Health Resources and Services Administration shall disseminate information concerning the designation criteria described in subsection (b) to— (1) the Governor of each State; (2) the representative of any area, popu- lation group, or facility selected by any such Governor to receive such information; (3) the representative of any area, popu- lation group, or facility that requests such in- formation; and (4) the representative of any area, popu- lation group, or facility determined by the Ad- ministrator to be likely to meet the criteria described in subsection (b). (j) Regulations and report (1) The Secretary shall submit the report de- scribed in paragraph (2) if the Secretary, acting through the Administrator of the Health Re- sources and Services Administration, issues— (A) a regulation that revises the definition of a health professional shortage area for pur- poses of this section; or (B) a regulation that revises the standards concerning priority of such an area under sec- tion 254f–1 of this title. (2) On issuing a regulation described in para- graph (1), the Secretary shall prepare and sub- mit to the Committee on Energy and Commerce of the House of Representatives and the Com- mittee on Health, Education, Labor, and Pen- sions of the Senate a report that describes the regulation. (3) Each regulation described in paragraph (1) shall take effect 180 days after the committees described in paragraph (2) receive a report re- ferred to in such paragraph describing the regu- lation. (k) Maternity care health professional target areas (1) The Secretary, acting through the Admin- istrator of the Health Resources and Services Administration, shall identify, based on the data collected under paragraph (3), maternity care health professional target areas that sat- isfy the criteria described in paragraph (2) for purposes of, in connection with receipt of assist- ance under this subchapter, assigning to such identified areas maternity care health profes- sionals who, without application of this sub- section, would otherwise be eligible for such as- sistance. The Secretary shall distribute mater- nity care health professionals within health pro- fessional shortage areas using the maternity care health professional target areas so identi- fied. (2) For purposes of paragraph (1), the Sec- retary shall establish criteria for maternity care health professional target areas that identify geographic areas within health professional shortage areas that have a shortage of mater- nity care health professionals. (3) For purposes of this subsection, the Sec- retary shall collect and publish in the Federal Register data comparing the availability and need of maternity care health services in health professional shortage areas and in areas within such health professional shortage areas. (4) In carrying out paragraph (1), the Sec- retary shall seek input from relevant provider organizations, including medical societies, orga- nizations representing medical facilities, and other organizations with expertise in maternity care. (5) For purposes of this subsection, the term ‘full scope maternity care health services’ in- cludes during labor care, birthing, prenatal care, and postpartum care. (6) Nothing in this subsection shall be con- strued as— (A) requiring the identification of a mater- nity care health professional target area in an area not otherwise already designated as a health professional shortage area; or (B) affecting the types of health profes- sionals, without application of this subsection, Page 391 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 254e otherwise eligible for assistance, including a loan repayment or scholarship, pursuant to the application of this section. (July 1, 1944, ch. 373, title III, § 332, as added Pub. L. 94–484, title IV, § 407(b)(3), Oct. 12, 1976, 90 Stat. 2270; amended Pub. L. 95–142, § 7(d), Oct. 25, 1977, 91 Stat. 1193; Pub. L. 96–32, § 7(d), July 10, 1979, 93 Stat. 84; Pub. L. 97–35, title IX, § 986(b)(4), title XXVII, § 2702(a), (b), (c), Aug. 13, 1981, 95 Stat. 603, 903, 904; Pub. L. 100–77, title VI, § 602, July 22, 1987, 101 Stat. 515; Pub. L. 100–177, title III, § 302, Dec. 1, 1987, 101 Stat. 1003; Pub. L. 100–607, title VIII, § 802(b)(2), Nov. 4, 1988, 102 Stat. 3169; Pub. L. 100–628, title VI, § 602(b)(2), Nov. 7, 1988, 102 Stat. 3242; Pub. L. 101–597, title I, § 102, title IV, § 401(b)[(a)], Nov. 16, 1990, 104 Stat. 3014, 3035; Pub. L. 107–251, title III, § 302(a), (d)(2), title VI, § 601(a), Oct. 26, 2002, 116 Stat. 1643, 1645, 1664; Pub. L. 108–163, § 2(f)(1), Dec. 6, 2003, 117 Stat. 2021; Pub. L. 110–355, § 3(b), Oct. 8, 2008, 122 Stat. 3993; Pub. L. 115–320, § 2, Dec. 17, 2018, 132 Stat. 4437.) Editorial Notes REFERENCES IN TEXT The Indian Self-Determination Act, referred to in subsec. (a)(2)(B), is title I of Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2206, which is classified principally to sub- chapter I (§ 5321 et seq.) of chapter 46 of Title 25, Indi- ans. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of Title 25 and Tables. The Social Security Act, referred to in subsec. (c)(2), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Titles XVIII, XIX, and XXI of the Act are classified generally to sub- chapters XVIII (§ 1395 et seq.), XIX (§ 1396 et seq.), and XXI (§ 1397aa et seq.), respectively, of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables. PRIOR PROVISIONS A prior section 332 of act July 1, 1944, was renumbered section 340, and was classified to section 256 of this title prior to repeal by Pub. L. 95–626. AMENDMENTS 2018—Subsec. (k). Pub. L. 115–320 added subsec. (k). 2008—Subsec. (a)(1). Pub. L. 110–355 struck out ‘‘Not earlier than 6 years after such date of designation, and every 6 years thereafter, each such center or clinic shall demonstrate that the center or clinic meets the applicable requirements of the Federal regulations re- garding the definition of a health professional shortage area for purposes of this section.’’ before ‘‘The Sec- retary shall not’’. 2003—Subsec. (a)(1). Pub. L. 108–163, § 2(f)(1)(A), sub- stituted ‘‘such date of designation’’ for ‘‘such date of enactment’’ and ‘‘regarding’’ for ‘‘, issued after the date of enactment of this Act, that revise’’. Subsec. (a)(3). Pub. L. 108–163, § 2(f)(1)(B), substituted ‘‘254b(h)(5)’’ for ‘‘254b(h)(4)’’. Subsec. (b)(2). Pub. L. 108–163, § 2(f)(1)(C), struck out comma before period at end. Subsec. (j). Pub. L. 108–163, § 2(f)(1)(D), added subsec. (j). 2002—Subsec. (a)(1). Pub. L. 107–251, § 302(a)(1)(A), in- serted after first sentence ‘‘All Federally qualified health centers and rural health clinics, as defined in section 1861(aa) of the Social Security Act (42 U.S.C. 1395x(aa)), that meet the requirements of section 254g of this title shall be automatically designated as hav- ing such a shortage. Not earlier than 6 years after such date of enactment, and every 6 years thereafter, each such center or clinic shall demonstrate that the center or clinic meets the applicable requirements of the Fed- eral regulations, issued after the date of enactment of this Act, that revise the definition of a health profes- sional shortage area for purposes of this section.’’ Subsec. (a)(2)(C). Pub. L. 107–251, § 601(a), substituted ‘‘254b(h)’’ for ‘‘256’’. Subsec. (a)(3). Pub. L. 107–251, § 302(a)(1)(B), sub- stituted ‘‘254b(h)(4) of this title), seasonal agricultural workers (as defined in section 254b(g)(3) of this title) and migratory agricultural workers (as so defined)), and residents of public housing (as defined in section 1437a(b)(1) of this title) may be population groups’’ for ‘‘256(r) of this title) may be a population group’’. Subsec. (b)(2). Pub. L. 107–251, § 302(a)(2), struck out after ‘‘designation,’’ the following: ‘‘with special con- sideration to indicators of— ‘‘(A) infant mortality, ‘‘(B) access to health services, ‘‘(C) health status, and ‘‘(D) ability to pay for health services’’. Subsec. (c)(2)(B). Pub. L. 107–251, § 302(a)(3), sub- stituted ‘‘XVIII, XIX, or XXI of the Social Security Act’’ for ‘‘XVIII or XIX of the Social Security Act’’. Subsec. (i). Pub. L. 107–251, § 302(d)(2), added subsec. (i). 1990—Subsec. (a)(1). Pub. L. 101–597, § 401(b)[(a)], sub- stituted reference to health professional shortage area for reference to health manpower shortage area wher- ever appearing. Subsec. (a)(2)(A). Pub. L. 101–597, § 102(b)(1), inserted ‘‘facility operated by a city or county health depart- ment,’’ before ‘‘and community health center’’. Subsec. (a)(2)(B). Pub. L. 101–597, § 102(b)(2), inserted before semicolon ‘‘, and a health program or facility operated by a tribe or tribal organization under the In- dian Self-Determination Act’’. Subsec. (a)(2)(C). Pub. L. 101–597, § 102(b)(3), sub- stituted ‘‘section’’ for ‘‘sections’’ before ‘‘248’’, struck out ‘‘or’’ before ‘‘253’’ and ‘‘or section’’ before ‘‘247e’’, and inserted before semicolon ‘‘, or 256 of this title (re- lating to the provision of health services to homeless individuals)’’. Subsec. (b). Pub. L. 101–597, § 401(b)[(a)], substituted reference to health professional shortage area for ref- erence to health manpower shortage area. Pub. L. 101–597, § 102(c)(1), struck out ‘‘, promulgated not later than May 1, 1977,’’ after ‘‘establish by regula- tion’’. Subsec. (c). Pub. L. 101–597, § 102(c)(2), redesignated pars. (2) and (3) as (1) and (2), respectively, and struck out former par. (1) which read as follows: ‘‘(A) The recommendations of each health systems agency (designated under section 300l–4 of this title) for a health service area which includes all or any part of the area, population group, medical facility, or other public facility under consideration for designation. ‘‘(B) The recommendations of the State health plan- ning and development agency (designated under section 300m of this title) if such area, population group, med- ical facility, or other public facility is within a health service area for which no health systems agency has been designated.’’ Subsec. (d). Pub. L. 101–597, § 401(b)[(a)], substituted reference to health professional shortage area for ref- erence to health manpower shortage area in par. (1). Pub. L. 101–597, § 102(a), (c)(3), designated existing pro- vision as par. (1), struck out ‘‘, not later than Novem- ber 1, 1977,’’ after ‘‘Secretary shall designate’’, and added par. (2). Subsec. (e). Pub. L. 101–597, § 401(b)[(a)], substituted reference to health professional shortage area for ref- erence to health manpower shortage area wherever ap- pearing. Subsec. (f). Pub. L. 101–597, § 401(b)[(a)], substituted reference to health professional shortage area for ref- erence to health manpower shortage area. Pub. L. 101–597, § 102(c)(4), redesignated par. (3) as (2) and struck out former par. (2) which read as follows: ‘‘(A) each health systems agency (designated under section 300l–4 of this title) for a health service area which includes all or any part of the area, population Page 392 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 254f group, medical facility, or other public facility so des- ignated; or ‘‘(B) the State health planning and development agency of the State (designated under section 300m of this title) if there is a part of such area, population group, medical facility, or other public facility within a health service area for which no health systems agen- cy has been designated; and’’. Subsecs. (g), (h). Pub. L. 101–597, § 401(b)[(a)], sub- stituted reference to health professional shortage area for reference to health manpower shortage area. 1988—Subsec. (a)(3). Pub. L. 100–607 and Pub. L. 100–628 made identical amendments, substituting ‘‘section 256(r)’’ for ‘‘section 256(q)(2)’’. 1987—Subsec. (a)(1). Pub. L. 100–177, § 302(1), inserted sentence at end relating to removal of an area from areas determined to be health manpower shortage areas. Subsec. (a)(3). Pub. L. 100–77 added par. (3). Subsec. (b)(2)(D). Pub. L. 100–177, § 302(2), added sub- par. (D). 1981—Subsec. (a)(1)(A). Pub. L. 97–35, § 2702(a), in- serted provisions respecting reasonable accessibility to adequately served area. Subsec. (a)(2)(C). Pub. L. 97–35, § 986(b)(4), substituted ‘‘persons under quarantine’’ for ‘‘seamen’’. Subsec. (e). Pub. L. 97–35, § 2702(c), designated existing provisions as par. (1) and added par. (2). Subsec. (h). Pub. L. 97–35, § 2702(b), substituted ‘‘may’’ for ‘‘shall’’. 1979—Subsec. (a)(2)(C). Pub. L. 96–32 substituted ‘‘sec- tion 247e of this title’’ for ‘‘part D of subchapter II of this chapter’’. 1977—Subsec. (c)(3). Pub. L. 95–142 added par. (3). Statutory Notes and Related Subsidiaries 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 OF 1988 AMENDMENTS Pub. L. 100–628, title VI, § 631, Nov. 7, 1988, 102 Stat. 3244, provided that: ‘‘The amendments made by sub- section (a) of section 601 [amending section 256 of this title] shall take effect in accordance with subsection (b) of such section [formerly set out as a note under section 256 of this title]. The amendments otherwise made by this title [amending this section and sections 256, 290bb–2, 290cc–21, 290cc–28, 290cc–29, 290cc–35, 290cc–36, 290dd, 290ee, and 290ee–1 of this title and amending provisions set out as a note under section 290aa–3 of this title] shall take effect October 1, 1988, or upon the date of the enactment of this Act [Nov. 7, 1988], whichever occurs later.’’ Pub. L. 100–607, title VIII, § 831, Nov. 4, 1988, 102 Stat. 3171, provided that: ‘‘The amendments made by sub- section (a) of section 801 [amending section 256 of this title] shall take effect in accordance with subsection (b) of such section [formerly set out as a note under section 256 of this title]. The amendments otherwise made by this title [amending this section and sections 256, 290bb–2, 290cc–21, 290cc–28, 290cc–29, 290cc–35, 290cc–36, 290dd, 290ee, and 290ee–1 of this title and amending provisions set out as a note under section 290aa–3 of this title] shall take effect October 1, 1988, or upon the date of the enactment of this Act [Nov. 4, 1988], whichever occurs later.’’ EFFECTIVE DATE OF 1981 AMENDMENT Amendment by section 986(b)(4) of Pub. L. 97–35 effec- tive Oct. 1, 1981, see section 986(c) of Pub. L. 97–35, set out as a note under section 249 of this title. EFFECTIVE DATE OF 1977 AMENDMENT Pub. L. 95–142, § 7(e)(1), Oct. 25, 1977, 91 Stat. 1194, pro- vided that: ‘‘The amendment made by subsection (d) [amending this section] shall apply with respect to de- terminations and designations made on and after the date of the enactment of this Act [Oct. 25, 1977].’’ REGULATIONS Pub. L. 107–251, title III, § 302(b), Oct. 26, 2002, 116 Stat. 1644, which required the Secretary to submit a report to Congress, if the Secretary issued regulations revis- ing the definition of a health professional shortage area under this section and standards concerning priority of such an area under section 254f–1 of this title, was re- pealed by Pub. L. 108–163, § 2(f)(2), Dec. 6, 2003, 117 Stat. 2022. IMPROVEMENT OF SITE DESIGNATION PROCESS Pub. L. 107–251, title III, § 302(d)(1), Oct. 26, 2002, 116 Stat. 1644, provided that: ‘‘The Administrator of the Health Resources and Services Administration, in con- sultation with the Association of State and Territorial Dental Directors, dental societies, and other interested parties, shall revise the criteria on which the designa- tions of dental health professional shortage areas are based so that such criteria provide a more accurate re- flection of oral health care need, particularly in rural areas.’’ GAO STUDY Pub. L. 107–251, title III, § 302(e), Oct. 26, 2002, 116 Stat. 1645, required the Comptroller General, no later than Feb. 1, 2005, to submit to Congress a report on the ap- propriateness of certain criteria established by the Sec- retary of Health and Human Services for the designa- tion of health professional shortage areas and whether federally qualified health centers and rural health clin- ics should be deemed as such areas. REFERENCE TO COMMUNITY, MIGRANT, PUBLIC HOUSING, OR HOMELESS HEALTH CENTER CONSIDERED REF- ERENCE TO HEALTH CENTER Reference to community health center, migrant health center, public housing health center, or home- less health center, considered reference to health cen- ter, see section 4(c) of Pub. L. 104–299, set out as a note under section 254b of this title. EVALUATION OF CRITERIA USED TO DESIGNATE HEALTH MANPOWER SHORTAGE AREAS; REPORT TO CONGRESS Pub. L. 97–35, title XXVII, § 2702(c), Aug. 13, 1981, 95 Stat. 903, directed the Secretary of Health and Human Services, effective Oct. 1, 1981, to evaluate the criteria used under section 254e(b) of this title to determine if the use of the criteria resulted in areas which did not have a shortage of health professions personnel being designated as health manpower shortage areas, and to consider different criteria (including the actual use of health professions personnel in an area by the resi- dents, taking into account their health status and indi- cators of unmet demand and likelihood that such de- mand would not be met in two years) which might be used to designate health manpower shortage areas. The Secretary was to report the results of his activities to Congress not later than Nov. 30, 1982. § 254f. Corps personnel (a) Conditions necessary for assignment of Corps personnel to area; contents of application for assignment; assignment to particular facility; approval of applications (1) The Secretary may assign members of the Corps to provide, under regulations promulgated by the Secretary, health services in or to a health professional shortage area during the as- signment period only if— (A) a public or private entity, which is lo- cated or has a demonstrated interest in such area makes application to the Secretary for such assignment;