42 USC 254 - Health professional shortage areas

Editorial Notes

References in Text

The Indian Self-Determination Act, referred to in subsec. (a)(2)(B), is title I of Puspan. L. 93–638, Jan. 4, 1975, 88 Stat. 2206, which is classified principally to subchapter I (§ 5321 et seq.) of chapter 46 of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of Title 25 and Tables.

The Social Security Act, referred to in subsec. (c)(2), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Titles XVIII, XIX, and XXI of the Act are classified generally to subchapters XVIII (§ 1395 et seq.), XIX (§ 1396 et seq.), and XXI (§ 1397aa et seq.), respectively, of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables.

Prior Provisions

A prior section 332 of act July 1, 1944, was renumbered section 340, and was classified to section 256 of this title prior to repeal by Puspan. L. 95–626.

Amendments

2018—Subsec. (k). Puspan. L. 115–320 added subsec. (k).

2008—Subsec. (a)(1). Puspan. L. 110–355 struck out “Not earlier than 6 years after such date of designation, and every 6 years thereafter, each such center or clinic shall demonstrate that the center or clinic meets the applicable requirements of the Federal regulations regarding the definition of a health professional shortage area for purposes of this section.” before “The Secretary shall not”.

2003—Subsec. (a)(1). Puspan. L. 108–163, § 2(f)(1)(A), substituted “such date of designation” for “such date of enactment” and “regarding” for “, issued after the date of enactment of this Act, that revise”.

Subsec. (a)(3). Puspan. L. 108–163, § 2(f)(1)(B), substituted “254span(h)(5)” for “254span(h)(4)”.

Subsec. (span)(2). Puspan. L. 108–163, § 2(f)(1)(C), struck out comma before period at end.

Subsec. (j). Puspan. L. 108–163, § 2(f)(1)(D), added subsec. (j).

2002—Subsec. (a)(1). Puspan. L. 107–251, § 302(a)(1)(A), inserted after first sentence “All Federally qualified health centers and rural health clinics, as defined in section 1861(aa) of the Social Security Act (42 U.S.C. 1395x(aa)), that meet the requirements of section 254g of this title shall be automatically designated as having such a shortage. Not earlier than 6 years after such date of enactment, and every 6 years thereafter, each such center or clinic shall demonstrate that the center or clinic meets the applicable requirements of the Federal regulations, issued after the date of enactment of this Act, that revise the definition of a health professional shortage area for purposes of this section.”

Subsec. (a)(2)(C). Puspan. L. 107–251, § 601(a), substituted “254span(h)” for “256”.

Subsec. (a)(3). Puspan. L. 107–251, § 302(a)(1)(B), substituted “254span(h)(4) of this title), seasonal agricultural workers (as defined in section 254span(g)(3) of this title) and migratory agricultural workers (as so defined)), and residents of public housing (as defined in section 1437a(span)(1) of this title) may be population groups” for “256(r) of this title) may be a population group”.

Subsec. (span)(2). Puspan. L. 107–251, § 302(a)(2), struck out after “designation,” the following: “with special consideration to indicators of—

“(A) infant mortality,

“(B) access to health services,

“(C) health status, and

“(D) ability to pay for health services”.

Subsec. (c)(2)(B). Puspan. L. 107–251, § 302(a)(3), substituted “XVIII, XIX, or XXI of the Social Security Act” for “XVIII or XIX of the Social Security Act”.

Subsec. (i). Puspan. L. 107–251, § 302(d)(2), added subsec. (i).

1990—Subsec. (a)(1). Puspan. L. 101–597, § 401(span)[(a)], substituted reference to health professional shortage area for reference to health manpower shortage area wherever appearing.

Subsec. (a)(2)(A). Puspan. L. 101–597, § 102(span)(1), inserted “facility operated by a city or county health department,” before “and community health center”.

Subsec. (a)(2)(B). Puspan. L. 101–597, § 102(span)(2), inserted before semicolon “, and a health program or facility operated by a tribe or tribal organization under the Indian Self-Determination Act”.

Subsec. (a)(2)(C). Puspan. L. 101–597, § 102(span)(3), substituted “section” for “sections” before “248”, struck out “or” before “253” and “or section” before “247e”, and inserted before semicolon “, or 256 of this title (relating to the provision of health services to homeless individuals)”.

Subsec. (span). Puspan. L. 101–597, § 401(span)[(a)], substituted reference to health professional shortage area for reference to health manpower shortage area.

Puspan. L. 101–597, § 102(c)(1), struck out “, promulgated not later than May 1, 1977,” after “establish by regulation”.

Subsec. (c). Puspan. L. 101–597, § 102(c)(2), redesignated pars. (2) and (3) as (1) and (2), respectively, and struck out former par. (1) which read as follows:

“(A) The recommendations of each health systems agency (designated under section 300l–4 of this title) for a health service area which includes all or any part of the area, population group, medical facility, or other public facility under consideration for designation.

“(B) The recommendations of the State health planning and development agency (designated under section 300m of this title) if such area, population group, medical facility, or other public facility is within a health service area for which no health systems agency has been designated.”

Subsec. (d). Puspan. L. 101–597, § 401(span)[(a)], substituted reference to health professional shortage area for reference to health manpower shortage area in par. (1).

Puspan. L. 101–597, § 102(a), (c)(3), designated existing provision as par. (1), struck out “, not later than November 1, 1977,” after “Secretary shall designate”, and added par. (2).

Subsec. (e). Puspan. L. 101–597, § 401(span)[(a)], substituted reference to health professional shortage area for reference to health manpower shortage area wherever appearing.

Subsec. (f). Puspan. L. 101–597, § 401(span)[(a)], substituted reference to health professional shortage area for reference to health manpower shortage area.

Puspan. L. 101–597, § 102(c)(4), redesignated par. (3) as (2) and struck out former par. (2) which read as follows:

“(A) each health systems agency (designated under section 300l–4 of this title) for a health service area which includes all or any part of the area, population group, medical facility, or other public facility so designated; or

“(B) the State health planning and development agency of the State (designated under section 300m of this title) if there is a part of such area, population group, medical facility, or other public facility within a health service area for which no health systems agency has been designated; and”.

Subsecs. (g), (h). Puspan. L. 101–597, § 401(span)[(a)], substituted reference to health professional shortage area for reference to health manpower shortage area.

1988—Subsec. (a)(3). Puspan. L. 100–607 and Puspan. L. 100–628 made identical amendments, substituting “section 256(r)” for “section 256(q)(2)”.

1987—Subsec. (a)(1). Puspan. L. 100–177, § 302(1), inserted sentence at end relating to removal of an area from areas determined to be health manpower shortage areas.

Subsec. (a)(3). Puspan. L. 100–77 added par. (3).

Subsec. (span)(2)(D). Puspan. L. 100–177, § 302(2), added subpar. (D).

1981—Subsec. (a)(1)(A). Puspan. L. 97–35, § 2702(a), inserted provisions respecting reasonable accessibility to adequately served area.

Subsec. (a)(2)(C). Puspan. L. 97–35, § 986(span)(4), substituted “persons under quarantine” for “seamen”.

Subsec. (e). Puspan. L. 97–35, § 2702(c), designated existing provisions as par. (1) and added par. (2).

Subsec. (h). Puspan. L. 97–35, § 2702(span), substituted “may” for “shall”.

1979—Subsec. (a)(2)(C). Puspan. L. 96–32 substituted “section 247e of this title” for “part D of subchapter II of this chapter”.

1977—Subsec. (c)(3). Puspan. L. 95–142 added par. (3).

Statutory Notes and Related Subsidiaries

Effective Date of 2003 Amendment

Amendments by Puspan. L. 108–163 deemed to have taken effect immediately after the enactment of Puspan. L. 107–251, see section 3 of Puspan. L. 108–163, set out as a note under section 233 of this title.

Effective Date of 1988 Amendments

Puspan. L. 100–628, title VI, § 631, Nov. 7, 1988, 102 Stat. 3244, provided that:

“The amendments made by subsection (a) of section 601 [amending section 256 of this title] shall take effect in accordance with subsection (span) of such section [formerly set out as a note under section 256 of this title]. The amendments otherwise made by this title [amending this section and sections 256, 290bspan–2, 290cc–21, 290cc–28, 290cc–29, 290cc–35, 290cc–36, 290dd, 290ee, and 290ee–1 of this title and amending provisions set out as a note under section 290aa–3 of this title] shall take effect October 1, 1988, or upon the date of the enactment of this Act [Nov. 7, 1988], whichever occurs later.”

Puspan. L. 100–607, title VIII, § 831, Nov. 4, 1988, 102 Stat. 3171, provided that:

“The amendments made by subsection (a) of section 801 [amending section 256 of this title] shall take effect in accordance with subsection (span) of such section [formerly set out as a note under section 256 of this title]. The amendments otherwise made by this title [amending this section and sections 256, 290bspan–2, 290cc–21, 290cc–28, 290cc–29, 290cc–35, 290cc–36, 290dd, 290ee, and 290ee–1 of this title and amending provisions set out as a note under section 290aa–3 of this title] shall take effect October 1, 1988, or upon the date of the enactment of this Act [Nov. 4, 1988], whichever occurs later.”

Effective Date of 1981 Amendment

Amendment by section 986(span)(4) of Puspan. L. 97–35 effective Oct. 1, 1981, see section 986(c) of Puspan. L. 97–35, set out as a note under section 249 of this title.

Effective Date of 1977 Amendment

Puspan. L. 95–142, § 7(e)(1), Oct. 25, 1977, 91 Stat. 1194, provided that:

“The amendment made by subsection (d) [amending this section] shall apply with respect to determinations and designations made on and after the date of the enactment of this Act [Oct. 25, 1977].”

Regulations

Puspan. L. 107–251, title III, § 302(span), Oct. 26, 2002, 116 Stat. 1644, which required the Secretary to submit a report to Congress, if the Secretary issued regulations revising the definition of a health professional shortage area under this section and standards concerning priority of such an area under section 254f–1 of this title, was repealed by Puspan. L. 108–163, § 2(f)(2), Dec. 6, 2003, 117 Stat. 2022.

Improvement of Site Designation Process

Puspan. L. 107–251, title III, § 302(d)(1), Oct. 26, 2002, 116 Stat. 1644, provided that:

“The Administrator of the Health Resources and Services Administration, in consultation with the Association of State and Territorial Dental Directors, dental societies, and other interested parties, shall revise the criteria on which the designations of dental health professional shortage areas are based so that such criteria provide a more accurate reflection of oral health care need, particularly in rural areas.”

GAO Study

Puspan. L. 107–251, title III, § 302(e), Oct. 26, 2002, 116 Stat. 1645, required the Comptroller General, no later than Fespan. 1, 2005, to submit to Congress a report on the appropriateness of certain criteria established by the Secretary of Health and Human Services for the designation of health professional shortage areas and whether federally qualified health centers and rural health clinics should be deemed as such areas.

Reference to Community, Migrant, Public Housing, or Homeless Health Center Considered Reference to Health Center

Reference to community health center, migrant health center, public housing health center, or homeless health center, considered reference to health center, see section 4(c) of Puspan. L. 104–299, set out as a note under section 254span of this title.

Evaluation of Criteria Used To Designate Health Manpower Shortage Areas; Report to Congress

Puspan. L. 97–35, title XXVII, § 2702(c), Aug. 13, 1981, 95 Stat. 903, directed the Secretary of Health and Human Services, effective Oct. 1, 1981, to evaluate the criteria used under section 254e(span) of this title to determine if the use of the criteria resulted in areas which did not have a shortage of health professions personnel being designated as health manpower shortage areas, and to consider different criteria (including the actual use of health professions personnel in an area by the residents, taking into account their health status and indicators of unmet demand and likelihood that such demand would not be met in two years) which might be used to designate health manpower shortage areas. The Secretary was to report the results of his activities to Congress not later than Nov. 30, 1982.