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status of continuing efforts to contact the officer.

(0) Lack of money. (D) When notice is served and the identified officer is found not to be entitled to any moneys due from or payable by the Department of Health and Human Services, the Commissioned Personnel Operations Division shall return the notice to the authorized person, and advise in writing that no moneys are due from or payable by the Department of Health and Human Services to the named individual.

(2) Where it appears that moneys are only temporarily exhausted or otherwise unavailable, the Commissioned Personnel Operations Division shall advise the authorized person in writing on a timely basis as to why, and for how long, the moneys will be unavailable.

(3) In instances where the officer sep arates from active duty, the authorized person shall be informed in writing on a timely basis that the allotment is discontinued.

(f) Effective date of allotment. Allotments shall be withheld beginning on the first end-of-month payday after the Commissioned Personnel Operations Division is notified that the officer has had a consultation with a legal officer, has waived his/her right to such consultation, or the legal officer has submitted documentation that a consultation with the officer could not be arranged after good faith attempts to do so were made by the legal officer. The Service shall not be required to vary its normal allotment payment cycle to comply with the notice.

(g) Designated official. Department of Health and Human Services, General Counsel, Room 5362 North Building, 330 Independence Avenue, SW., Washington, DC 20201.

(Approved by the Office of Management and Budget under control number 0937-0123)

PART 22-PERSONNEL OTHER THAN

COMMISSIONED OFFICERS

HANSEN'S DISEASE DUTY BY PERSONNEL
OTHER THAN COMMISSIONED OFFICERS

Sec.
22.1 Duty at a station of the Service de-
voted to the care of Hansen's disease pa-
tients; additional pay.

SPECIAL CONSULTANTS

223 Appointment of special consultan 22.5 Leave without pay while on dea

AUTHORITY: Sec. 208(e) of the Publi Service Act, 42 U.S.C. 210(e); E.0. 1114! 1637.

HANSEN'S DISEASE DUTY BY PERSE OTHER THAN COMMISSIONED OFFLI $22.1 Duty at a station of the se devoted to the care of Hanserii ease patients; additional pay. (a) Non-commissioned officen other employees of the Service not receive any additional compa tion by reason of being assigned tas duty requiring intimate contact E persons with Hansen's disease. Er ever, any such officer or employee was entitled, on January 4, 1986, t ceive additional pay by reason of be assigned to full-time duty, for a pe of 30 days or more, at a station of Service devoted to the care of Hanse disease patients and who continues: be assigned to such duty, shall recer special pay as long as such assigning continues without a break.

(b) Such special pay shall, on any ture date, be at an annual dollar le equal to the lower of the levels th would be paid under the following st paragraphs:

(1) 25% of the lowest level of bas pay that he or she has been receivi on any date from January 4, 19 through that future date;

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(2) The amount by which the level an employee's basic pay plus speci pay on January 4, 1986, exceeds t level of that employee's basic pay that on that future date, except the the special pay under this subpar graph shall not be less that 12 time the monthly special pay then paid Commissioned Officers entitled to spe cial pay for duty involving intimate contact with persons who have Har sen's disease. (As of October 24, 1985 that monthly rate was $110.)

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(c) An officer or employee may paid special pay for any pay period under paragraphs (a) and (b) of this section, only to the extent that it does no cause his or her aggregate pay for that! pay period to exceed the biweekly rate of basic pay for Level V of the Execu tive Schedule. As used in this pars

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'R 43146, Oct. 24, 1985]

SPECIAL CONSULTANTS

3 Appointment of special consultants.

#4) When the Public Health Service uires the services of consultants 0 cannot be obtained when needed Cough regular Civil Service appointEnt or under the compensation provions of the Classification Act of 1949, ecial consultants to assist and advise

the operations of the Service may be impointed, subject to the provisions of The following paragraphs and in accordace with such instructions as may be sued from time to time by the Secetary of Health and Human Services.

(b) Appointments, pursuant to the =rovisions of this section, may be made y those officials of the Service to hom authority has been delegated by The Secretary or his designee.

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(c) The per diem or other rates of compensation shall be fixed by the appointing officer in accordance with criteria established by the Surgeon General.

(Sec. 208(c), 58 Stat. 686, as amended; 42 U.S.C. 209(e); sec. 207(f), 58 Stat. 686 as amended by 62 Stat. 40; 42 U.S.C. 209(f))

[21 FR 9821, Dec. 12, 1956, as amended at 31 FR 12939, Oct. 5, 1966]

21 §22.5 Leave without pay while on de

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The Secretary or his delegate may, pursuant to section 214(d) of the Public Health Service Act, 42 U.S.C. 215(d), 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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23.3 What entities are eligible to apply for assignment?

23.4 How must an entity apply for assignment?

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 National Health Service Corps site's reimbursement obligation to the Federal Government be waived?

23.11 Under what circumstances may the Secretary sell equipment or other property of the United States used by the National Health Service Corps site?

23.12 Who will supervise and control the assigned personnel?

23.13 What nondiscrimination requirements apply to National Health Service Corps sites?

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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?

Subpart C-Private Startup Loans

23.41 What conditions are applicable to loans under this subpart?

AUTHORITY: Secs. 333, 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 National Health Service Corps Personnel

§ 23.1 To what entities does this regulation 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).

§ 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

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

National Health Service Corps · means the entity to which pers have been assigned under section the Act and this regulation to prec health services in or to health m power shortage area.

Nonprofit private entity means as tity which may not lawfully hold use any part of its net earnings to= benefit of any private shareholder: individual and which does not hold 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 2 volved has been delegated.

§ 23.3 What entities are eligible apply for assignment?

Any public or nonprofit private = tity which is located in a health ma power shortage area, or has a dem onstrated interest in the shortage are may apply for the assignment of Na tional Health Service Corps personnel

§ 23.4 How must an entity apply for & signment?

(a) An application for the assignmen 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 at behalf of the applicant the obligations imposed by law, the Act, this regulation, and any additional conditions of assignment imposed under these authorities.

(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

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

§ 23.5 What are the criteria for deciding which applications for assignment 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 health manpower shortage area.

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(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.

§ 23.6 What are the criteria for determining the entities to which National Health Service Corps personnel 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 services 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

ed-value system in which the first factor listed below is assigned the greatest weight and the second, and third factors are assigned lesser weights in descending order:

(1) The need of the health manpower shortage area as determined by criteria established under section 332(b) of the Act.

(2) The willingness of individuals, government agencies, or health entities within the health manpower shortage area to cooperate with the National Health Service Corps in providing effective health services.

(3) The comments of health professional societies serving the health manpower shortage area.

[45 FR 12790, Feb. 27, 1980, as amended at 51 FR 31948, Sept. 8, 1986]

§ 23.7 What must an entity agree to do before the assignment is made?

(a) Requirements. To carry out the purposes of section 334 of the Act, each National Health Service Corps site must enter into an agreement with the Secretary under which the site agrees

to:

(1) Be responsible for charging for health services provided by assigned National Health Service Corps personnel;

(2) Take reasonable action for the collection of the charges for those health services;

(3) Reimburse the United States the sums required under section 334 of the Act; and

(4) Prepare and submit an annual report. The agreement will set forth the period of assignment (not to exceed 4 years), the number and type of Corps personnel to be assigned to the site, and other requirements which the Secretary determines necessary to carry out the purposes of the Act.

(b) Termination. An agreement entered into under this section may be terminated by either party on 30-days written notice or modified by mutual consent consistent with section 333 of the Act.

[45 FR 12790, Feb. 27, 1980, as amended at 51 FR 31948, Sept. 8, 1986]

$23.8 What operational requires apply to an entity to which tional Health Service Corps peas nel are assigned?

Each National Health Service C site must:

(a) Operate a health care deliv system within a planned or exis community structure to assure:

(1) The provision of high quality c prehensive health care;

(2) To the extent feasible, full proie sional health care coverage for a health manpower shortage area;

(3) Continuum of care, and

(4) The availability and accessiblit of secondary and tertiary health a (the two more sophisticated levels health care beyond primary care);

(b) Establish and maintain a patie record system;

(c) Implement a system for maintai ing the confidentiality of patien records;

(d) Meet the requirements of applic ble fire and safety codes;

(e) Develop, to the extent feasible linkages with other health care facilties for the provision of services which supplement or complement the service furnished by the assigned Corps personnel;

(f) Operate a quality assurance sy tem which meets the requirements of 42 CFR 51c.303(c) for the establishment and operation of a quality assurance system in a community health center and

(g) Establish basic data, cost ac counting, and management informa tion and reporting systems as prescribed by the Secretary.

$23.9 What must an entity to which National Health Service Corps per sonnel are assigned (i.e., a National Health Service Corps site) charge for the provision of health services by assigned personnel?

(a) Except as provided in paragraph (b) of this section, individuals receiving services from assigned National Health Service Corps personnel must be charged on a fee-for-service or other basis at a rate which is computed to permit recovery of the value of the services and is approved by the Secretary.

(b) In determining whether to approve fees to be charged for health

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