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SPECIAL CONSULTANTS the oneer (a) la When posice is 225 Leave without pay while on dea

23 Appointment of special const merved and the idenuna opcer is found not to be entitled to any moneys

AUTHORITY: Sec. 208(e) of the Pubt : due nom or purane by the Department

Service Act, 42 U.S.C. 210(e); E.O. 111€. of Health and Human Series the Commissioned personnel Opensons HANSEN'S DISEASE DUTY BY PBS Division shall recurn the notice to the

OTHER THAN COMMISSIONED OFT authorised person, and adr:se in writing that no moneys are due thom or $22.1 Duty at a station of the se payable by the Department of Healih devoted to the care of Hanses 1 and Human Services (o the named indii- ease patients; additional pay. vidual

(a) Non-commissioned officen (2) Where it appears that meners are other employees of the Service only temporarily exhausted or other

not receive any additional com wino unavailable. The Commissioned tion by reason of being assigned 21 l'ordonnel Operations Division shall ad- duty requiring intimate contac: . vine the authorised person in writing persons with Hansen's disease. E on a timely basis as to why, and for

ever, any such officer or employer how long the moneys will be unavail. was entitled, on January 4, 1986, E able, (3) In instances where the omcer ser assigned to full-time duty, for a pe

ceive additional pay by reason of 2 Arales from active duty. the authorized

of 30 days or more, at a station of person shall be informed in writing on a timely basis that the allotment is

Service devoted to the care of Hasse

disease patients and who continue discontinued (0) Eilective date of allorment, Allot

be assigned to such duty, shall rece ments shall be withheld beginning on

special pay as long as such assignme

continues without a break. the first end-of-month payday after the Commissioned Personnel Operations ture date, be at an annual dollar i

(b) Such special pay shall, on any Division 18 notified that the omcer has had a consultation with a legal orficer,

equal to the lower of the levels to has waived his her right to such con

would be paid under the following & sultation, or the legal oficer has sub

paragraphs: mitted documentation that a consulta

(1) 25% of the lowest level of bas tion with the officer oould not be ar

pay that he or she has been receiro ranged after good faith attempts to do

on any date from January 4, 13

through that future date; so were made by the legal officer. The Service shall not be required to vary

(2) The amount by which the leve! :

an employee's basic pay plus specii its normal allotment payment cycle to comply with the notice.

pay on January 4, 1986, exceeds →

level of that employee's basic pay i (8) Designated official. Department of

that on that future date, except the Health and Human Services, General

the special pay under this subpare Counsel, Room 5362 North Building, 330

graph shall not be less that 12 tima Independence Avenue, sw., Washing

the monthly special pay then paid E ton, DC 20201.

Commissioned Officers entitled to se (Approved by the Office of Management and cial pay for duty involving intimate Budget under control number 0937-0123) contact with persons who have Har

sen's disease. (As of October 24, 1985 PART 22-PERSONNEL OTHER THAN that monthly rate was $110.) COMMISSIONED OFFICERS

(c) An officer or employee may be

paid special pay for any pay period HANSEN'S DISEASE DUTY BY PERSONNEL under paragraphs (a) and (b) of this see OTHER THAN COMMISSIONED OFFICERS tion, only to the extent that it does not

cause his or her aggregate pay for that Sec. 22.1 Duty at a station of the Service de- pay period to exceed the biweekly rate voted to the care of Hansen's disease pa

of basic pay for Level V of the Executients; additional pay. tive Schedule. As used in this mars.

1

"aggregate pay" comprises pay, this special pay, and prems for overtime, nightwork, irreguduty, standby status, and Sunday oliday work. 'R 43146, Oct. 24, 1985)

be extended for additional periods of not to exceed 2 years each. (Sec. 215, 58 Stat. 690, as amended; 42 U.S.C. 216) (33 FR 18981, Dec. 20, 1968)

SPECIAL CONSULTANTS

PART 23-NATIONAL HEALTH

SERVICE CORPS

3 Appointment of special consult

ants. 2) When the Public Health Service

uires the services of consultants 0 cannot be obtained when needed sough regular Civil Service appointant or under the compensation provions of the Classification Act of 1949, ecial consultants to assist and advise Ee the operations of the Service may be Lovpointed, subject to the provisions of

e following paragraphs and in accordsace with such instructions as may be

sued from time to time by the Seccatary of Health and Human Services. 27 (b) Appointments, pursuant to the

rovisions of this section, may be made Sy those officials of the Service to

hom authority has been delegated by pashe Secretary or his designee. 2 (c) The per diem or other rates of Pompensation shall be fixed by the appointing officer in accordance with criteria established by the Surgeon Gen

Subpart A-Assignment of National Health

Service Corps Personnel Sec. 23.1 To what entities does this regulation

apply? 23.2 Definitions. 23.3 What entities are eligible to apply for

assignment? 23.4 How must an entity apply for assign

ment? 23.5 What are the criteria for deciding

which applications for assignment will be

approved? 23.6 What are the criteria for determining

the entities to which National Health

Service Corps personnel will be assigned? 23.7 What must an entity agree to do before

the assignment is made? 23.8 What operational requirements apply

to an entity to which National Health

Service Corps personnel are assigned? 23.9 What must an entity to which National

Health Service Corps personnel are assigned (i.e., a National Health Service Corps site) charge for the provision of

health services by assigned personnel? 23.10 Under what circumstances may a Na

tional Health Service Corps site's reimbursement obligation to the Federal Gov

ernment be waived? 23.11 Under what circumstances may the

Secretary sell equipment or other property of the United States used by the Na

tional Health Service Corps site? 23.12 Who will supervise and control the as

signed personnel? 23.13 What nondiscrimination requirements

apply to National Health Service Corps

sites? Subpart B-Private Practice Special Loans

for Former Corps Members 23.21 Definitions. 23.22 What is the purpose of a private prac

tice loan? 23.23 Who is eligible to receive a private

practice option loan? 23.24 In what amounts are loans made? 23.25 How will interest rates for loans be de

termined? 23.28 How is the loan repaid? 23.27 What happens if scheduled payments

are late?

* eral.

DI(Sec. 208(c), 58 Stat. 686, as amended; 42 az U.S.C. 209(e); sec. 207(1), 58 Stat. 686 as

amended by 62 Stat. 40; 42 U.S.C. 209(1)) 2012 (21 FR 9821, Dec. 12, 1956, as amended at 31 ** FR 12939, Oct. 5, 1966)

2 1 $ 22.5 Leave without pay while on de

tail. The Secretary or his delegate may, pursuant to section 214(d) of the Public

Health Service Act, 42 U.S.C. 215(d), 2.79 and with the consent of the officer or

employee concerned, arrange, through agreements or otherwise, for a civilian officer or employee of the Public Health Service to be placed on leave without pay for the period of a detail to a State, a subdivision thereof, or a private non-profit institution and be paid by the non-Federal organization. Such an arrangement may be for a period of not to exceed 2 years, but may

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23.28 What events constitute default? 23.29 What happens in the case of a default? 23.30 May the loan be prepaid? 23.31 May loan payments be postponed or

waived? 23.32 What conditions are imposed on the

use of the loan funds? 23.33 What security must be given for these

loans? 23.34 What other conditions are imposed? 23.35 What criteria are used in making

loans?

333.

Subpart C-Private Startup Loans 23.41 What conditions are applicable to

loans under this subpart? AUTHORITY: Secs.

338E(c), and 338C(e)(1), Public Health Service Act. 90 Stat. 2272, as amended, 95 Stat. 905, 97 Stat. 1345 (42 U.S.C. 254f et seq.), 95 Stat. 912 (42 U.S.C. 254p(c)), 95 Stat. 910 (42 U.S.C. 254n(e)(1)).

SOURCE: 45 FR 12790, Feb. 27, 1980, unless otherwise noted.

Subpart A-Assignment of Na

tional Health Service Corps Personnel

$ 23.1 To what entities does this regu

lation apply? This regulation applies to the assignment of National Health Service Corps personnel under section 333 et seq. of the Public Health Service Act (42 U.S.C. 254f) to provide health services in or to health manpower shortage areas as designated under section 332 of the Public Health Service Act (42 U.S.C. 254e).

the Secretary to have a short health manpower under section : the Act and its implementing . tion (42 CFR part 5).

National Health Service Corse means the entity to which perse have been assigned under section the Act and this regulation to pro health services in or to health power shortage area.

Nonprofit private entity means ! tity which may not lawfully holt use any part of its net earnings to : benefit of any private shareholde individual and which does not bald use its net earnings for that purpose

Secretary means the Secretary Health and Human Services and other officer or employee of that partment to whom the authority : volved has been delegated. 8 23.3 What entities are eligible a

apply for assignment? Any public or nonprofit private e tity which is located in a health a power shortage area, or has a de onstrated interest in the shortage are may apply for the assignment of N tional Health Service Corps personne $ 23.4 How must an entity apply for a

signment? (a) An application for the assignme of National Health Service Corps per sonnel must be submitted to the Sec retary by an eligibe applicant in the form and at the time prescribed by the Secretary. The application must be signed by an individual authorized to act for the applicant and to assume or behalf of the applicant the obligations imposed by law, the Act, this regulation, and any additional conditions of assignment imposed under these qu. thorities.

(b) In addition to other pertinent information required by the Secretary, an application for the assignment of Corps personnel must include

(1) A description of the applicant's overall organizational structure;

(2) A justification of the request for the assignment of personnel based upon

$ 23.2 Definitions.

As used in this subpart:

Act means the Public Health Service Act, as amended.

Assigned National Health Service Corps personnel or Corps personnel means health personnel of the Regular and Reserve Corps of the Public Health Service Commissioned Corps and civilian personnel as designated by the Secretary including, but not limited to, physicians, dentists, nurses, and other health professions personnel who are assigned under section 333 of the Act and this regulation.

Health manpower shortage area means the geographic area, the population group, the public or nonprofit private medical facility or any other public facility which has been determined by

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Management and Budget. A notice will be published in the FEDERAL REGISTER.

1: needs of the health manpower etage area;

A description of the applicant's fi-:cial plan for operating the National

Ith Service Corps site including a posed budget, sources of non-Fed

support obtained, and the proposed enditures for obtaining adequate port staff, equipment and supplies; 1) A list of the proposed fees and disinted fees to be charged for the pro

ion of health services; and -5) If an entity wishes to request an erest free loan (not to exceed $50,000) der section 335(c) of the Act to assist 2 applicant in establishing the prac

e of the assigned National Health rvice Corps personnel, a detailed jusication of the amount requested ust be included.

(c) An application for assignment must include evidence that the applient has provided a copy of the comleted application for review to (1) ach health systems agency designated

nder section 1515 of the Act for the sealth service area which includes all ir part of the health manpower shortige area for which as assignment of Wational Health Service Corps personnel is sought or (2) if no health systems egency has been designated for such a health service area, to each State

health planning and development agency designated under section 1521 of the E Act for each State which includes all E or part of the health manpower short

age area for which an assignment of National Health Service Corps personnel is sought.

(d) If an application for assignment is 3 filed by an applicant which had pre( viously been assigned National Health

Service Corps personnel under an agreement entered into under section 329 of the Act as in effect before Octo

ber 1, 1977, or under section 334 of the - Act, the applicant must provide the in5 formation the Secretary considers nec

essary to make the determinations re-
quired by section 333(a)(1)(D) of the
Act.
(45 FR 12790, Feb. 27, 1980, as amended at 51
FR 31948, Sept. 8, 1986)

EFFECTIVE DATE NOTE: At 51 FR 31948, Sept. 8, 1986, $23.4 (b) was revised. This section contains information collection require

ments which will not be effective until apES

proval has been obtained from the Office of

8 23.5 What are the criteria for decid.

ing which applications for assign

ment will be approved? (a) In approving or disapproving an application for assignment of Corps personnel, the Secretary will consider, among other pertinent factors:

(1) The applicant's ability and plans to meet the operational requirements in $23.8.

(2) The administrative and managerial capability of the applicant.

(3) The soundness of the applicant's financial plan for operating the National Health Service Corps site.

(4) The extent to which community resources will be used in operating the National Health Service Corps site.

(5) Comments received from any designated health systems agency or any designated State health planning and development agency to which an application was submitted for review under $23.4(c).

(6) Comments received from health professional societies serving the health manpower shortage area.

(b) Special consideration for the assignment of Corps personnel will be given to the entity which is located in a health manpower shortage area over an entity which is not located in a health manpower shortage area but has a demonstrated interest in it.

8 23.6 What are the criteria for deter

mining the entities to which National Health Service Corps person

nel will be assigned? (a) The Secretary may, upon approving an application for the assignment of personnel and after entering into an agreement with an applicant under $23.7, assign National Health Service Corps personnel to provide health seryices in or to a health manpower shortage area.

(b) In assigning National Health Service Corps personnel to serve in a health manpower shortage area, the Secretary will seek to assign personnel who have those characteristics which will increase the probability of their remaining to serve in the health manpower shortage area upon completion of the period of assignment. In: tion, the Secretary will apply a

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ed-value system in which the first fac- $23.8 What operational requireas tor listed below is assigned the great- apply to an entity to which est weight and the second, and third tional Health Service Corpo per factors are assigned lesser weights in

? descending order:

Each National Health Service Co (1) The need of the health manpower

site must: shortage area as determined by criteria (a) Operate a health care de established under section 332(b) of the

system within a planned or els

community structure to assure: Act.

(1) The provision of high quality is (2) The willingness of individuals,

prehensive health care; government agencies, or health enti

(2) To the extent feasible, full pro's ties within the health manpower short

sional health care coverage for age area to cooperate with the Na

health manpower shortage area; tional Health Service Corps in provid- (3) Continuum of care, and ing effective health services.

(4) The availability and accessibl(3) The comments of health profes- of secondary and tertiary health sional societies serving the health (the two more sophisticated levels : manpower shortage area.

health care beyond primary care):

(b) Establish and maintain a patie (45 FR 12790, Feb. 27, 1980, as amended at 51

record system; FR 31948, Sept. 8, 1986)

(c) Implement a system for maintai 8 23.7 What must an entity agree to do

ing the confidentiality of patie

records; before the assignment is made?

(d) Meet the requirements of applics (a) Requirements. To carry out the ble fire and safety codes; purposes of section 334 of the Act, each

(e) Develop, to the extent feasible National Health Service Corps site linkages with other health care facilmust enter into an agreement with the ties for the provision of services which Secretary under which the site agrees supplement or complement the service to:

furnished by the assigned Corps person(1) Be responsible for charging for nel; health services provided by assigned

(f) Operate a quality assurance sys National Health Service Corps person

tem which meets the requirements a

42 CFR 510.303(c) for the establishmen: nel;

and operation of a quality assurance (2) Take reasonable action for the

system in a community health center, collection of the charges for those

and health services;

(g) Establish basic data, cost ac(3) Reimburse the United States the

counting, and management informasums required under section 334 of the

tion and reporting systems as preAct; and

scribed by the Secretary. (4) Prepare and submit an annual report. The agreement will set forth the

8 23.9 What must an entity to which

National Health Service Corps per period of assignment (not to exceed 4

sonnel are assigned (i.e., a National years), the number and type of Corps

Health Service Corps site) charge personnel to be assigned to the site, for the provision of health services and other requirements which the Sec- by assigned personnel? retary determines necessary to carry (a) Except as provided in paragraph out the purposes of the Act.

(b) of this section, individuals receiv(b) Termination. An agreement en- ing services from assigned National tered into under this section may be Health Service Corps personnel must terminated by either party on 30-days be charged on a fee-for-service or other written notice or modified by mutual basis at a rate which is computed to consent consistent with section 333 of permit recovery of the value of the the Act.

services and is approved by the Sec

retary. (45 FR 12790, Feb. 27, 1980, as amended at 51

(b) In determining whether to ap FR 31948, Sept. 8, 1986)

prove fees to be charged for health

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