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The owner shall provide a copy of States arising under $124.703(b). In derast documents to the Secretary termining whether there is good cause se trust shall be considered estab under this section for releasing the ap antil the trust documents have plicant or other owner of the facility spproved by the Secretary; and from its obligation, the Secretary will The owner may credit against the take into consideration the extent to my uncompensated services pro- which: in accordance with subpart F of (a) The facility will be devoted by the part between the date of the applicant or other owner to use for an

of status of the facility and the other public or nonprofit purpose whch ishment of the trust. For an will promote the purpose of the Act; to receive the credit before the (b) There are reasonable assurances shment of the trust and deposit that for the remainder of the 20-year his therein, the auditor's report period other public or nonprofit faciling the post-transfer period shall ties not previously utilized for the pursubmitted with the notification of pose for which the facility was conrance of the waiver, and in any structed will be so utilized and are subEzot later than 30 days from the stantially equivalent in nature and of the Secretary's final letter de- purpose. din paragraph (b)(3) of this sec- (c) The facility has been acquired Within 30 days followi-3 the re- from an agency of the United States o the auditor's report, the Sec- (e.g., the Federal Housing Administrawill notify the owner of the al- tion under its mortgage Insurance comNe credit, if any. If the auditor's mitment program) which has made a

is not timely submitted, the reasonable effort to dispose of it for op must be established and fully eration as a public or nonprofit health e, in accordance with the time care facility. is imposed by paragraph (c)(1) of (51 FR 7939, Mar. 7, 1986, as amended at 57 FR faction, and the Secretary will no

8272, Mar. 9, 1992) the owner of the allowable credit,

vithin 30 days of the date of the 124.709 Withdrawal of waiver. eshment of the trust or within 30

(a) Any waiver granted under this of the receipt of the report,

subpart is conditioned upon the recipiever is later.

ent of the waiver carrying out the obliThe trust shall be administered by

gations imposed by $124.707 or $124.708 hetee who is neither an employee

as applicable. de transferee nor an employee of a

(b) The Secretary will monitor comdary or of the parent institution

pliance with the community service de transferee.

and uncompensated care obligations of The trust shall provide that the

any entity that receives a waiver. corpus and income may be in

(c) Should a recipient of a waiver fail sed only in U.S. Government or U.S.

to comply with the applicable condiremment insured securities.

tions, the Secretary will withdraw the Use of the trust. The corpus and in

waiver and seek recovery based on the te of the irrevocable trust shall be

value of the facility on the date the to pay for the costs of uncompen

right of recovery first arose under al services, which may include rea

$ 124.703. lable costs of establishing and ad

(d) No waiver will be withdrawn until Mistering the trust and the cost of

the recipient has been notified in writindependent audit described in

ing by the Secretary of the noncompliragraph (b)(1Xi) of this section, until

ance and has failed to take corrective e trust is exhausted.

action within 90 days after the date of Tored by the Office of Management and

such notice. det under control number 0915-0099)

(e) Should the waiver be withdrawn,

the amount of the Government's recov14708 Waiver of recovery good ery will be the amount set out in the canse for other use of facility.

Secretary's determination letter as deThe Secretary may for good cause scribed in $ 124.707 (bX1) or (b)(3) as ap uire the recovery rights of the United plicable plus interest from the date of

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of CFR titles, subtitles, chapters, subchapters and parts and an alphabet# of agencies publishing in the CFR are included in the CFR Index and g Aids volume to the Code of Federal Regulations which is published sepaand revised annually. rial Approved for Incorporation by Reference

of CFR Titles and Chapters abetical List of Agencies Appearing in the CFR signation Table of CFR Sections Affected

Material Approved for Incorporation by Reference

(Revised as of October 1, 1995) Director of the Federal Register has approved under 5 U.S.C. 552(a) and Part 51 the incorporation by reference of the following publications. This matains only those incorporations by reference effective as of the revision M this volume. Incorporations by reference found within a regulation are ive upon the effective date of that regulation. For more information on poration by reference, see the preliminary pages of this volume. R CHAPTER I (PARTS 1-399) C HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES

42 CFR can National Standards Institute O Broadway, New York, NY 10018 K13.1-1973, American National Standard for Identification of 84.113; 84.193; Purifying Respirator Canisters and Cartridges.

84.1154 can Standards Association, Compressed Gas Cylinder Valve 84.81 let and Inlet Connections, B57.1–1965. ican Nurses' Association O Pershing Rd., Kansas City, MO 64108 D available from Emergency Department Nurses' Association, N. Lake Shore Dr., Chicago, IL 60611 Publication Code MS-5 10M 9/75 Standards of Emergency 57.2106(b)(3)(i) sing Practice. ican Society of Heating, Refrigerating and Air Conditioning Engineers ted Engineer Center, 345 E. 47th St., New York, NY 10017 book of Fundamentals, 1977

52b.11(b)(1) ressed Gas Association 15 Jefferson Davis Highway, Suite 1004, Arlington, VA 22202 sodity Specification for Air, G-7.1, 1966

84.79; 84.141 blet P-2.1. Standard for Medical-Surgical Vacuum Systems in 526.11(b)(4) spitals (1967) tment of Defense DSSP Standardization Document Order Desk, 700 Robbins Ave4 Bldg. 4 D, Philadelphia, PA ty Standard, MIL-STD 414, 11 June 1957, Including Change 84.41; 84.43 tice 1, Sampling Procedures and Tables for Inspection by Varies for Percent Defective. ral Services Administration, Public Buildings Services fice of Design and Construction, 18th & F Sts., NW., Washington,


Accessibility Standard (PBS (PCD): DG6, Oct. 14, 1980) ....


(iii)(A); 52b.8(1)

national Conference of Building Officials
160 South Workman Mill Rd., Whittier, CA 90601
form Building Code, 1979 Ed.

52b.11(g); 52b. 11(a)

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