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zart C-Grants to Entities Other Than States

What is required for an application m an entity other than a State? HORITY: Sec. 427(a), Federal Mine SafeHealth Act of 1977, 92 Stat. 100 (30 937(a)).

RCE: 50 FR 7913, Feb. 27, 1985, unless
vise noted.

bpart A-General Provisions
101 Definitions.

, as used in this part, means the ral Mine Safety and Health Act of as amended (30 U.S.C. 801 et seq.). retary means the Secretary of th and Human Services and any er officer or empolyee of the Dement of Health and Human Servto whom the authority involved been delegated.

ner or coal miner means any indial who works or has worked in or ind a coal mine or coal preparation ity in the extraction or preparaof coal. The term also includes an

PROGvidual who works or has worked in

ACK LUNE

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mine construction or transporon in or around a coal mine, to the ent that the individual was exposed oal dust as a result of employment.

a.102 Who is eligible to apply for a

cher Black Lung clinics grant?

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ny State or public or private entity y apply for a grant under this part.

a.103 What criteria has HHS established for deciding which grant application to fund?

a) The Secretary will give preference a State, which meets the requirents of this part and applies for a int under this part, over other applints in that State.

b) Within the limits of funds availle for these purposes the Secretary ay award grants to assist in the car

rying out of those programs which will in the Secretary's judgment best promote the purposes of section 427(a) of the Act, taking into account;

(1) The number of miners to be served and their needs; and

(2) The quality and breadth of services to be provided.

§ 55a.104 What confidentiality requirements must be met?

All information as to personal facts and circumstances obtained by the grantee's staff about recipients of services shall be held confidential and shall not be disclosed without the individual's consent except as may be required by law or as may be necessary to provide service to the individual or to provide for audits with appropriate safeguards for confidentiality of patient records. Otherwise, information may be disclosed only in summary, statistical, or other form which does not identify particular individuals.

§ 55a.105 How must grantees carrry out their projects?

Grantees must carry out their projects in accordance with their applications and the provisions of this part. § 55a.106 Provision for waiver by the Secretary.

The Secretary may, for good cause shown, waive provisions of these regulations.

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Other regulations which apply to the Black Lung Clinics Program include, but are not limited to, the following:

42 CFR part 50, subpart D-Public Health Service grant appeals procedure;

42 CFR part 50, subpart E-Maximum allowable cost for drugs;

45 CFR part 16-Procedures of the Departmental Grant Appeals Board;

45 CFR part 19-Limitations on payment or reimbursement for drugs;

45 CFR part 74—Administration of grants; 45 CFR part 75-Informal grant appeals procedures;

45 CFR part 80-Nondiscrimination under Federal assistance programs receiving through the Department of Health and Human Services effectuation of title VI of the Civil Rights Act of 1964;

45 CFR part 81-Practice and procedure for hearings under part 80;

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Subpart C-Grants to Ente (App
Other Than States

§ 55a.301 What is required for a
plication from an entity other
a State?
An approvable application mat A
tain the following:

(a) A plan for the provision d services required by §55a.201 sistent with the requiremen §55a.201 (b) and (c). The plan m

(2) Patient and family education and contain at least the followin counseling.

(3) Outreach;

(4) Patient care coordination, including individual patient care plans for all patients:

(5) Antismoking advice; and

(6) Other symptomatic treatments. (b) Provide medical services in consultation with a physician with special training or experience in the diagnosis and treatment of respiratory diseases.

(c) Meet all criteria for approval and designation by the Department of Labor under 20 CFR part 725 to perform disability examination and provide

treatment under the Act.

(d) Use grant funds under this part to supplement and not supplant existing services of the State.

(e) Provide the services described above for those miners previously served by a Black Lung Clinic in the State for which grant support expires during the funding period of the State's grant.

(f) Provide services described above regardless of a person's ability to pay. (g) Audit its expenditures from amounts received under this part in accordance with the provisions of Attachment P. Audit Requirements, of Office of Management and Budget Circular A 102, Uniform Requirements for As ance to State and Local Governr as adopted for the Departme

ments:

Bud

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FR 5

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56.1

56.1

56.

(1) A description of the target 56. lation to whom services are to vided, including a statement ( need for services;

(2) An assurance that char be made for services rendered lows:

listing fees or payments for the? sion of services, designed to com sonable costs of operations;

(1) A schedule shall be ma

56

(ii) A schedule of discounts adj on the basis of a patient's abilly 5 pay shall be maintained. The sch of discounts must provide for a fl

count to individuals and families annual incomes at or below the p line established in accordance with tion 673(2) of the Community Se Block Grant Act (42 U.S.C. 99021) cept that nominal fees for service! be requested, but not required, fr dividuals and families with annu comes at or below the poverty line discounts shall be provided to ind uals and families with annual ince greater than twice the poverty » and

(iii) Where third-party payors cluding Government Agencies) ar thorized or under a legal obligatio pay all or a portion of such charges ervices covered by that reimb

plan will be billes

.t.

effort will

56

56

56

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$56.102 Definitions.

As used in this part:

(a) Act means the Public Health Service Act (42 U.S.C. 201 et seq.), as amended.

(b)(1) Agriculture means farming in all its branches, including

(i) Cultivation and tillage of the soil; (ii) The production, cultivation, growing, and harvesting of any commodity grown on, in, or as an adjunct to or part of a commodity grown in, or on, the land; and

(iii) Any practice (including preparation and processing for market and delivery to storage or to market or to carriers for transportation to market) performed by a farmer or on a farm incident to or in conjunction with an activity described in subsection (ii).

(c) Catchment area means the geographic area served by a project funded under section 319 of the Act.

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project, such as problems associated with water supply, sewage treatment, solid waste disposal, rodent and parasite infestation, field sanitation, and housing conditions and the treatment of medical conditions arising therefrom. For the purposes of this part, the detection and alleviation of unhealthful conditions of the environment includes the notification of ap

propriate Federal, State, or local authorities responsible for correcting such conditions and the making of arrangements therefor with such authori

Lies.

(e) Health professionals means professionals (such as physicians, dentists, nurses, podiatrists, optometrists, and physicians' extenders) who are engaged in the delivery of health services and who meet all applicable Federal or State requirements to provide their professional services.

(f) High impact area means a catchment area which has not less than 6,000 migratory agricultural workers, seasonal agricultural workeis, and members of the families of such workers residing within its boundailes for more than two months in the most recent calendar year for which statistical data acceptable to the Secretary is available.

(0) Migrant health center means an entity which either through its staff and supporting resources or through contracts or cooperative arrangements with other public or private entities provides for migratory agricultural workers, seasonal agricultural workera, and the members of the families of such workers, within its catchment

area:

(1) Primary health services;

(11) As determined by the Secretary to be appropriate for particular cen

Lers, supplemental health services necessary for the adequate support of primary health services;

(11) Referral to providers of supplemental health services and payment, as determined by the Secretary to be appropriate and feasible, for the proton of such services;

(iv) Environmental healt as determined by the Sect appropriate for particular

(v) As determined by th to be appropriate for part

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(i) There is a need, as deter the Secretary, for the provisin service to individuals descrie paragraph (g)(1) of this sectim? catchment area; and

(ii) The provision of such the center is feasible, taking sideration the center's project nues, other resources, and gr port under this part.

(h) Migratory agricultural &

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means an individual whose employment is in agriculture i sonal basis, who has been so within the last 24 months, and Sy tablishes for the purpose of suc ployment a temporary place of ahu

(1) Nonprofit, as applied to vate agency, institution, or o tion, means one which is a corps or association, or is owned and as ated by one or more corporation sociations, no part of the net ea of which inures, or may lawfully to the benefit of any private holder or individual.

(j) Physician means a licensed do of medicine or doctor of osteopathy (k) Primary care means preventive agnostic, treatment, consultant, ral, and other services rendered ba sicians (including, as appropriate laboratory services and diagn sicians' extenders), routine associ

radiologic service and emerge

health services.

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and other appropriate mental health professionals;

(6) Dental services other than those provided as primary health services;

(7) Vision services, including routine eye and vision examinations and provision of eyeglasses, as appropriate and feasible;

(8) Allied health services;

(9) Pharmaceutical services, including the provision of prescription drugs; (10) Therapeutic radiologic services; (11) Ambulatory surgical services; (12) Public health services (including nutrition education and social services);

(13) Health education services; and

(14) Services including the services of outreach workers, which promote and facilitate optimal use of primary health services and services referred to in the preceding subparagraphs of this paragraph and, if a substantial number of individuals in the population served by the center are of limited Englishspeaking ability, the services of outreach workers and other personnel fluent in the language or languages spoken by such individuals.

$56.103 Eligibility.

Any public or nonprofit private entity is eligible to apply for a grant under this part.

$56.104 Application.

(a) An application for a grant under this part shall be submitted to the Secretary at such time and in such form and manner as the Secretary may prescribe.

(b) The application shall contain a budget and narrative plan of the manner in which the applicant intends to conduct the project and carry out the requirements of this part. The application must describe how and the extent to which the project has met, or plans to meet, each of the requirements in subpart B (relating to grants for planning and development of migrant health centers), subpart C (relating to grants for the operation of migrant health centers), subpart D (relating to grants for the operation of migrant health entities), subpart E (relating to grants for planning and developing migrant health programs), subpart F (relating to grants for the operation of

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