Page images
PDF
EPUB

(2) Make payment for services so provided in accordance with a schedule of rates and payment procedures established and maintained by the project. The project must be prepared to substantiate that such rates are reasonable and necessary.

(s) Operate in a manner such that no migratory or seasonal agricultural worker or member of their families will be denied service by reason of his or her inability to pay therefor. Provided, however, That a charge for the provision of services will be made to the extent that a third party (including a Government agency) is authorized or is under legal obligation to pay such charges.

(t) Have an ongoing quality assurance program as described in 856.303(c) except as the Secretary finds that such a program would not be feasible.

(2) Where all such applicants are community-based organizations representative of the population to be served by the project, the Secretary shall award the grant to the applicants which will, in his judgment, best promote the purposes of section 319(d)(1)(C) of the Act and the applicable regulations of this part, taking into account with respect to each application:

(i) The degree to which the proposed project satisfactorily provides for the elements set forth in 856.203;

(ii) The administrative and management capability of the applicant;

(iii) The extent to which community resources will be utilized in the project; and

(iv) The degree to which the applicant intends to integrate services supported by a grant under this part with health services provided under other federally assisted health services or reimbursement programs or projects.

Subpart G-Grants for Technical

Assistance

$ 56.604 Grant evaluation and award.

(a) Within the limit of funds determined by the Secretary to be available the Secretary may award grants under this subpart to applicants therefor which will, in his judgment, provide needed health services in a catchment area which will not be served by another project funded under this part and meet the applicable requirements of section 319(d)(1)(C) of the Act and this subpart, in accordance with priorities established pursuant to section 319(b) of the Act and $ 56.107 of subpart A of this part; Provided, That in the case of applicants which propose to serve substantially the catchment areas or where available funds are insufficient to fund all approvable applications within a priority category specified in $ 56.107,

(1) Priority shall be given to applications submitted by community-based organizations which are representative of the population to be served by the project. For purposes of this paragraph, an applicant shall be deemed to be such an organization if it provides a formal mechanism (such as membership on the organization's governing body or membership on an advisory body) which gives migratory seasonal agricultural workers and their families significant involvement in the formulation of the organization's policies; and

$56.701 Applicability.

The regulations of this subpart, in addition to the regulations of subpart A of this part except as otherwise set forth herein, are applicable to grants awarded pursuant to section 319(g) of the Act for the provision of technical and other non-financial assistance to grantees under sections 319(c)(1)(A), 319(d)(1)(A) and 319(d)(1)(B) of the Act. $56.702 Application.

To be approved by the Secretary under this subpart, an application for a grant must meet the requirements of 88 56.104(a), 56.104(b) (1), (4), (7), (10), and (11), and 56.104(c) of subpart A of this part.

same

$56.703 Project elements.

A project for the provision of technical assistance to migrant health centers and entities which intend to become migrant health centers which is supported under this subpart must:

(a) Provide to such centers and entities as are specified in the grant award, such technical and other nonfinancial assistance (such as fiscal and program management assistance or training of erences to section 330 of the Act shall be deemed to be references to section 319 of the Act. (43 FR 5353, Feb. 7, 1978]

PART 57-GRANTS FOR CON

STRUCTION OF TEACHING FACILITIES, EDUCATIONAL IMPROVEMENTS, SCHOLARSHIPS AND STUDENT LOANS

Subparts A-B [Reserved) Subpart C-Health Professions Student

Loans

as

the staff of such center or entity in such management) as may be specified in the grant award. Such technical or other nonfinancial assistance shall be designed to assist such centers and entities in:

(1) Developing plans for becoming migrant centers; and/or

(2) Meeting the requirements of sections 319(f)(2) of the Act.

(b) Provide such assistance through its own staff or resources.

(c) Where the project will provide training to the staff of a center or entity in management or the provision of health services, provide such training consistent,

applicable, with $ 56.108(b)(7).

(d) Maintain such records and make such reports on the expenditure of funds under this subpart and provision of such assistance as the Secretary may require. $56.704 Grant evaluation and award.

Within the limits of funds determined by the Secretary to be available for such purpose, the Secretary may award grants under this subpart to applicants therefor which will, in his judgment, best promote the purposes of section 319(g) of the Act and applicable regulations of this part, taking into consideration:

(a) The cost-effectiveness of the application; and

(b) The number of centers and entities to be served by the applicant.

57.201 Applicability. 57.202 Definitions. 57.203 Application by school. 57.204 Payment of Federal capital contribu

tions and reallocation of funds remitted

to the Secretary. 57.205 Health professions student loan

funds. 57.206 Eligibility and selection of health

professions student loan applicants. 57.207 Maximum amount of health profes

sions student loans. 57.208 Health professions student loan

promissory note and disclosure require

ments. 57.209 Payment of health professions stu

dent loans. 57.210 Repayment and collection of health

professions student loans. 57.211 Cancellation of health professions

student loans for disability or death. 57.212 (Reserved] 57.213 Continuation of provisions for can

cellation of loans made prior to Novem

ber 18, 1971. 57.213a Loan cancellation reimbursement. 57.214 Repayment of loans made after No

vember 17, 1971, for failure to complete a

program of study. 57.215 Records, reports, inspection, and

audit. 57.216 What additional Department regula

tions apply to schools? 57.216a Performance standard. 57.217 Additional conditions. 57.218 Noncompliance.

Subpart H-Acquisition and Modernization of Existing Buildings 856.801 Applicability of 42 CFR part

51c, subpart E. The provisions of 42 CFR part 51c, subpart E, establishing requirements for the acquisition and modernization of existing buildings, shall apply to all grants under section 319 of the Act for project costs which include the cost of acquisition and/or modernization of existing buildings (including the cost of amortizing the principal of, and paying the interest on, loans); except that, for purposes of this subpart, references within subpart E to part 51c, or to subparts of part 51c, shall be deemed to be references to part 56, or to the appropriate subparts of part 56, and ref

Subpart D-Nursing Student Loans 57.301 Applicability. 57.302 Definitions. 57.303 Application by school. 57.304 Payment of Federal capital contribu

tions and reallocation of funds remitted

to the Secretary. 57.305 Nursing student loan funds. 57.306 Eligibility and selection of nursing

student loan applicants.

57.2002 Definitions. 57.2003 Determinations of increased enroll

ment solely for the program.

Subpart V [Reserved]

57.307 Maximum amount of nursing student

loans. 57.308 Nursing student loan promissory

note. 57.309 Payment of nursing student loans. 57.310 Repayment and collection of nursing

student loans. 57.311 Cancellation of nursing student loans

for disability or death. 57.312 Repayment of loans for service in a

shortage area. 57.313 Loan cancellation for full-time em

ployment as a registered nurse. 57.313a Loan cancellation reimbursement. 57.314 Repayment of loans made after No

vember 17, 1971, for failure to complete a

program of study. 57.315 Records, reports, inspection, and

audit. 57.316 What additional Department regula

tions apply to schools? 57.316a Performance standard. 57.317 Additional conditions. 57.318 Noncompliance.

Subpart W-Physician Shortage Area

Scholarship Grants 57.2201 Applicability. 57.2202 Definitions. 57.2203 Eligibility. 57.2204 Application. 57.2205 Priority for selection of scholarship

recipients. 57.2206 Grant award. 57.2207 Amount of scholarship grant. 57.2208 Payment of scholarship grant. 57.2209 Conditions of scholarship grant. 57.2210 Failure to comply. 57.2211 Waiver or suspension.

Subparts X-FF (Reserved]

Subpart GG-Payment for Tuition and

Other Educational Costs

Subpart E-Grants for Construction of

Nurse Training Facilities 57.409 Good cause for other use of completed

facility.

57.3201 To which programs do these regula

tions apply? 57.3202 How will allowable increases be de

termined?

Subparts HH-PP [Reserved]

Subpart F-O [Reserved) Subpart P-Loan Guarantees and Interest

Subsidies to Assist in Construction of Teaching Facilities for Health Protession Personnel

Subparts A-B [Reserved]

Subpart C-Health Professions

Student Loans

57.1501 Applicability. 57.1502 Definitions. 57.1503 Eligibility. 57.1504 Application. 57.1505 Approval of applications. 57.1506 Priority. 57.1507 Limitations applicable to loan guar

antee. 57.1508 Amount of interest subsidy pay

ments; limitations. 57.1509 Forms of credit and security instru

ments. 57.1510 Security for loans. 57.1511 Opinion of legal counsel. 57.1512 Length and maturity of loans. 57.1513 Repayment. 57.1514 Loan guarantee and interest subsidy

agreements. 57.1515 Loan closing. 57.1516 Right of recovery-subordination. 57.1517 Waiver of right of recovery. 57.1518 Modification of loans.

AUTHORITY: Sec. 215 of the Public Health Service Act, 58 Stat. 690, as amended, 63 Stat. 35 (42 U.S.C. 216); secs. 740–747 of the Public Health Service Act, 77 Stat. 170–173, as amended by 90 Stat. 2266-2268, 91 Stat. 390391, 95 Stat. 920, 99 Stat. 532-536, and 102 Stat. 3125 (42 U.S.C. 294m-q); renumbered as secs. 721-735, as amended by Pub. L. 102-408, 106 Stat. 2011-2022 (42 U.S.C. 2929-292y).

SOURCE: 44 FR 29055, May 18, 1979, unless otherwise noted.

$57.201 Applicability.

The regulations of this subpart apply to the federal capital contributions made by the Secretary to public or other nonprofit health professions schools for the establishment of health professions student loan funds and to loans made to students by schools from these funds.

Subparts Q-T (Reserved)

Subpart U—Armed Forces Health

Professions Scholarship Program 57.2001 Applicability.

$57.202 Definitions.

As used in this subpart:

Act means the Public Health Service Act, as amended.

Date upon which a student ceases to be a full-time student means the first day of the month which is nearest to the date upon which an individual ceases to be a full-time student as defined in this section.

Default means the failure of a borrower of a loan made under this subpart to make an installment payment when due, or comply with any other term of the promissory note for such loan, except that a loan made under this subpart shall not be considered to be in default if the loan is discharged in bankruptcy, the borrower's repayment schedule has been renegotiated and the borrower is complying with the renegotiated schedule, or the loan is in forbearance. Federal capital loan means

a loan made by the Secretary to a school under section 744(a) of the Act, as in effect prior to October 1, 1977, the proceeds of which are to be returned to the Secretary

Full-time student means a student who is enrolled in a health professions school and pursuing a course of study which is a full-time academic workload, as determined by the school, leading to a degree specified in section 722(b) of the Act.

Grace period means the period of 1 year beginning on the date upon which a student ceases to be a full-time student at a school of medicine, osteopathic medicine, dentistry, pharmacy, podiatric medicine, optometry, or veterinary medicine.

Health professions school or school, for purposes of this subpart, means a public or private nonprofit school of medicine, school of dentistry, school of osteopathic medicine, school of pharmacy, school of podiatric medicine, school of optometry, or school of veterinary medicine as defined in section 799(1)(A) of the Act.

Health professions student loan means the amount of money advanced to a student by a school from a health professions student loan fund under a properly executed promissory note.

Institutional capital contribution means the money provided by a school, in an amount not less than one-ninth of the federal capital contribution, and

deposited in a health professions student loan fund.

National of the United States means: (1) A citizen of the United States, or (2) a person who, though not a citizen of the United States, owes permanent allegiance to the United States, as defined in the Immigration and Nationality

Act, at 8 U.S.C. section 1101(a)(22).

School year means the traditional approximately 9-month September to June annual session. For the purpose of computing school year equivalents for students who, during a 12-month period, attend for a longer period than the traditional school year, the school year will be considered to be 9 months in length.

Secretary means the Secretary of Health and Human Services and any other officer or employee of the Department of Health and Human Seryices to whom the authority involved has been delegated.

State means, in addition to the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, the Republic of Palau, the Republic of the Marshall Islands, and the Federated States of Micronesia. [44 FR 29055, May 18, 1979, as amended at 52 FR 20987, June 3, 1987; 53 FR 46549, Nov. 17, 1988; 56 FR 19293, Apr. 26, 1991; 56 FR 25446, June 4, 1991; 61 FR 6123, Feb. 16, 1996)

$57.203 Application by school.

(a) Each school seeking a Federal capital contribution must submit an application at the time and in the form and manner that the Secretary may require. The application must be signed by an individual authorized to act for the applicant and to assume on behalf of the applicant the obligations imposed by the statute, the regulations of this subpart, and the terms and conditions of the award.

(b) Each application will be reviewed to determine eligibility and the reasonableness of the amount of Federal support requested. The Secretary may require the applicant to submit additional data for this purpose.

(c) An application will not be approved unless an agreement between

[blocks in formation]

$57.204 Payment of Federal capital

contributions and reallocation of

funds remitted to the Secretary. (a) Annual payment. The Secretary will make payments to each school with which he or she has entered into an agreement under the Act at a time determined by him or her. If the total of the amounts requested for any fiscal year by all schools for Federal capital contributions exceeds the amount of Federal funds determined by the Secretary at the time of payment to be available for this purpose, the payment to each school will be reduced to whichever is smaller:

(1) The amount requested in the application, or

(2) An amount which bears the same ratio to the total amount of Federal funds determined by the Secretary at the time of payment to be available for that fiscal year for the Health Professions Student Loan Program as the number of full-time students estimated by the Secretary to be enrolled in that school bears to the estimated total number of full-time students in all participating schools during that year. Amounts remaining after these payments are made will be distributed in accordance with this paragraph among schools whose applications requested more than the amount paid to them, but with whatever adjustments that may be necessary to prevent the total paid to any school from exceeding the total requested by it.

(b) Method of payment. The payment of Federal capital contributions to a school will be paid in a manner that avoids unnecessary accumulations of money in any health professions student loan fund.

(c) Reallocation of funds remitted to the Secretary. All funds from a student loan fund established under this subpart which are remitted to the Secretary in any fiscal year shall be available for allotment under this subpart, in the same fiscal year and the succeeding fis

cal year, to schools which, during the period beginning on July 1, 1972, and ending on September 30, 1985, established student loan funds with Federal capital contributions under this subpart. The Secretary will from time to time set dates by which the schools must file applications to receive a portion of these funds. If the total of the amounts requested for any fiscal year by eligible schools exceeds the amount of funds determined by the Secretary at the time of payment to be available for this purpose, the payment to each school will be reduced to whichever is smaller:

(1) The amount requested in the application, or

(2) An amount which bears the same ratio to the total amount of returned funds determined by the Secretary at the time of payment to be available for that fiscal year for the Health Professions Student Loan program as the number of full-time students estimated by the Secretary to be enrolled in that school bears to the estimated total number of full-time students in all eligible schools during that year. Amounts remaining after these payments are made will be distributed in accordance with this paragraph among schools whose applications requested more than the amount paid to them, with whatever adjustments may be necessary to prevent the total paid to any school from exceeding the total requested by it. (44 FR 29055, May 18, 1979, as amended at 53 FR 46549, Nov. 17, 1988; 56 FR 19293, Apr. 26, 1991]

$57.205 Health professions student

loan funds. (a) Funds established with Federal capital contributions. Any fund established by a school with Federal capital contributions will be accounted for separately from other funds, providing a clear audit trail for all transactions. At all times the fund must contain monies representing the institutional capital contribution. The school must at all times maintain all monies relating to the fund in one or more interestbearing accounts or investment instruments which meet OMB requirements established for Federal monies held by third parties. The school must place all

« PreviousContinue »