88 STAT. 2274 Ante, p. 2256. Limitation. Appropriations. Appropriations. 42 USC 300m note. 42 USC 246. Ante, p. 2242. 42 USC 3001-4 note. 42 USC 242b. 42 USC 299. 42 USC 291b note. 42 USC 291a. Pub. Law 93-641 - 50 January 4, 1975 "(3) which, as determined under the review made under section 1535 (c), is organized and operated in the manner prescribed by section 1512(b) and is performing its functions under section 1513 in a manner satisfactory to the Secretary, to enable the agency to establish and maintain an Area Health Services Development Fund from which it may make grants and enter into contracts in accordance with section 1513 (c) (3). "(b) (1) Except as provided in paragraph (2), the amount of any grant under subsection (a) shall be determined by the Secretary after taking into consideration the population of the health service area for which the health systems agency is designated, the average family income of the area, and the supply of health services in the area. "(2) The amount of any grant under subsection (a) to a health systems agency for any fiscal year may not exceed the product of $1 and the population of the health service area for which such agency is designated. "(c) No grant may be made under subsection (a) unless an application therefor has been submitted to, and approved by, the Secretary. Such an application shall be submitted in such form and manner and contain such information as the Secretary may require. "(d) For the purpose of making payments pursuant to grants under subsection (a), there are authorized to be appropriated $25,000,000 for the fiscal year ending June 30, 1975, $75,000,000 for the fiscal year ending June 30. 1976, and $120,000,000 for the fiscal year ending June 30, 1977." MISCELLANEOUS AND TRANSITIONAL PROVISIONS SEC. 5. (a) (1) There are authorized to be appropriated for the fiscal year ending June 30, 1975, and the next fiscal year such sums as may be necessary to make grants under section 314(a) of the Public Health Service Act, except that no grant made to a State with funds appropriated under this paragraph shall be available for obligation beyond (A) three months after the date on which a State health planning and development agency is designated for such State under section 1421 of such Act, or (B) June 30, 1976, whichever is later. (2) There are authorized to be appropriated for the fiscal year ending June 30, 1975, and the next fiscal year such sums as may be necessary to make grants under section 304 of the Public Health Service Act for experimental health services delivery systems, section 314(b) of such Act, and title IX of such Act, except that no grant made with funds appropriated under this paragraph shall be available for obligation beyond the later of (A) June 30, 1976, or (B) three months after the date on which a health systems agency has been designated under section 1415 of such Act for a health service area which includes the area of the entity for which a grant is made under such section 304, 314 (b), or title IX. (b) Any State which has in the fiscal year ending June 30, 1975, or the next fiscal year funds available for obligation from its allotments under part A of title VI of the Public Health Service Act may in such fiscal year use for the proper and efficient administration during such year of its State plan approved under such part an amount of such funds which does not exceed 4 per centum of such funds or $100,000, whichever is less. (c) A reference in any law or regulation 42 USC 300m note. 42 USC 246. (1) to the agency of a State which administers or supervises the administration of a State's health planning functions under a State plan approved under section 314(a) of the Public Health Service Act shall in the case of a State for which a State Health planning and development agency has been designated under section 1521 of such Act be considered a reference to the State Ante, p. 2242. agency designated under such section 1521; (2) to an agency or organization which has developed a comprehensive regional, metropolitan, or other local area plan or plans referred to in section 314(b) of the Public Health Service Act shall if all or part of the area covered by such plan or plans is within a health service area established under section 1511 of the Public Health Service Act be considered a reference to the health systems agency designated under section 1515 of such Act for such health service area; and (3) to a regional medical program assisted under title IX of the Public Health Service Act shall if the program is located in a State for which a State health planning and development agency has been designated under section 1521 of the Public Health Service Act be considered a reference to such State agency. (d) Section 316 of the Public Health Service Act is repealed. ADVISORY COMMITTEE SEC. 6. (a) An advisory committee established by or pursuant to the Public Health Service Act, the Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963, or the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 shall terminate at such time as may be specifically prescribed by an Act of Congress enacted after the date of the enactment of this Act. (b) The Secretary of Health, Education, and Welfare shall report, within one year after the date of the enactment of this Act, to the Committee on Labor and Public Welfare of the Senate and the Committee on Interstate and Foreign Commerce of the House of Representatives (1) the purpose and use of each advisory committee established by or pursuant to the Public Health Service Act, the Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963, or the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 and (2) his recommendations respecting the termination of each such advisory committee. AGENCY REPORTS SEC. 7. The Secretary of Health, Education, and Welfare shall report, within one year of the date of the enactment of this Act, to the Committee on Labor and Public Welfare of the Senate and the Committee on Interstate and Foreign Commerce of the House of Representatives (1) the identity of each report required to be made by the Secretary under the Public Health Service Act, the Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963, or the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 to the Congress (or any committee thereof), (2) the provision of such Acts which requires each such report, (3) the purpose of each such report, and (4) the due date for each such report. The report of the 42 USC 3001-4 note. Ante, p. 2229. 42 USC 300m 42 USC 299. Repeal. 42 USC 247a. 88 STAT. 2276 42 USC 300e-4. Pub. Law 93-641 · 52. January 4, 1975 Secretary under this section may include such recommendations as he considers appropriate for termination or consolidation of any such reporting requirements. TECHNICAL AMENDMENT SEC. 8. Section 1305 (b)(1) of the Public Health Service Act is amended to read as follows: "(b) (1) Except as provided in paragraph (2), the aggregate amount of principal of loans made or guaranteed, or both, under this section for a health maintenance organization may not exceed $2,500,000. In any fiscal year, the amount disbursed under a loan or loans made or guaranteed under this section for a health maintenance organization may not exceed $1,000,000,000." Approved January 4, 1975. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 93-1382 accompanying H.R. 16204 (Comm. on SENATE REPORT No. 93-1285 (Comm. on Labor and Public Welfare). Nov. 25, considered and passed Senate. Dec. 13, considered and passed House, amended, in lieu of Dec. 19, Senate agreed to conference report. APPENDIX [Excerpt from House Report 93-1640, National Health Planning and Resources Development Act of 1974, December 19, 1974] JOINT EXPLANATORY STATEMENT OF THE The managers on the part of the House and the Senate at the conference on the disagreeing votes of the two Houses on the amendment of the House to the bill (S. 2994) to amend the Public Health Service Act to assure the development of a national health policy and of effective State and area health planning and resources development programs, and for other purposes, submit the following joint statement to the House and the Senate in explanation of the effect of the action agreed upon by the managers and recommended in the accompanying conference report: The House amendment struck out all of the Senate bill after the enacting clause and inserted a substitute text. The Senate recedes from its disagreement to the amendment of the House with an amendment which is a substitute for the Senate bill and the House amendment. The differences between the Senate bill, the House amendment, and the substitute agreed to in conference are noted below, except for clerical corrections, conforming changes made necessary by agreements reached by the conferees, and minor drafting and clarifying changes. HEALTH PLANNING AND DEVELOPMENT SHORT TITLE The Senate bill provides that the Act may be cited as the "National Health Planning and Development and Health Facilities Assistance. Act of 1974," (section 1). The House amendment provides that the Act may be cited as the "National Health Policy, Planning, and Resources Development Act of 1974," (section 1). The conference substitute provides that the Act may be cited as the "National Health Planning and Resources Development Act of 1974," (section 1). FINDINGS The House amendment specifies Congressional findings, for which there are no corresponding findings in the Senate bill, respecting health care costs, the role of providers, the public's knowledge regarding proper personal health care and use of services, and the result of assistance available to date for health care. The House amendment further states a purpose, not included in the Senate bill, to the effect that the general purpose of the Act is facilitating the development of recommendations for a national health policy, of State and regional health planning, and of resources which will further the national health policy, (sections 2 (a) and 1403). (61) 62 The conference substitute conforms to the House amendment, (section 2(a)). NATIONAL HEALTH PRIORITIES Both the Senate bill and House amendment specify Congressional findings respecting national health priorities. These are identical except that: (1) The third Senate priority refers to the development of medical group practices, health maintenance organizations and other organized systems, while the House amendment refers only to medical group practices. The conference substitute conforms to the Senate bill. (2) The fourth priority in the Senate bill refers to the training and increased use of physician extenders, while the corresponding priority in the House amendment refers to physicians' assistants, especially nurse clinicians. The conference substitute conforms to the House amendment. (3) The eighth priority in the Senate bill referring to the promotion of activities for the prevention of disease is not included in the House amendment. The conference substitute conforms to the Senate bill (Senate section 1402, House section 1403, conference substitute section 1502). NATIONAL GUIDELINES FOR HEALTH PLANNING AND NATIONAL HEALTH Formulation POLICY The Senate bill requires the Secretary, within one year of enactment, to issue guidelines concerning national health planning policy. The guidelines are to include standards respecting the appropriate supply, distribution, and organization of health resources, and a statement of national health planning goals (sections 1401 and 1403). The House amendment requires the Secretary to establish a National Council for Health Policy which is to develop and recommend a national health policy including a statement of recommended national health goals and recommended guidelines for health resources and services (sections 1401 and 1402). The conference substitute conforms to the Senate bill except that the Secretary is to issue guidelines within 18 months of enactment and is to revise them periodically as necessary (section 1501). NATIONAL ADVISORY COUNCIL ON HEALTH PLANNING AND DEVELOPMENT AND NATIONAL COUNCIL FOR HEALTH POLICY Establishment of Council The Senate bill establishes in the Department of Health, Education, and Welfare a National Advisory Council on Health Planning and Development (section 1403 (a)). The House amendment requires the Secretary to establish a National Council for Health Policy (section 1401(a)). The conference substitute conforms to the Senate bill and establishes a National Council on Health Planning and Development (section 1503(a)). |