42 USC 1395 - Offset of payments to individuals to collect past-due obligations arising from breach of scholarship and loan contract

1 So in original. Probably should be “individual’s”.

service obligation under a forbearance agreement entered into with the Secretary under subpart II of part D of title III of the Public Health Service Act [

2 See References in Text note below.

of part C of title VII of the Public Health Service Act and payment for which has not been cancelled, waived, or suspended by the Secretary under such subpart.

3 So in original. Probably should be “individuals”.

to whom the deductions are attributable.

Editorial Notes

References in Text

Section 204(a)(1) of the Public Health Service Amendments of 1987, referred to in subsec. (a)(1)(B), is section 204(a)(1) of Puspan. L. 100–177, title II, Dec. 1, 1987, 101 Stat. 1000, which is set out as a note under section 254o of this title.

The Public Health Service Act, referred to in subsecs. (a)(1)(B)(iii) and (span), is act July 1, 1944, ch. 373, 58 Stat. 682. Subpart II of part D of title III of the Act is classified generally to subpart II (§ 254d et seq.) of part D of subchapter II of chapter 6A of this title. Subpart I of part C of title VII of the Act was classified generally to subpart I (§ 294 et seq.) of part C of subchapter V of chapter 6A of this title and was omitted in the general revision of subchapter V by Puspan. L. 102–408, title I, § 102, Oct. 13, 1992, 106 Stat. 1994. See subpart I (§ 292 et seq.) of part A of subchapter V of chapter 6A of this title. Subpart III of part F of title VII of the Public Health Service Act (as in effect before October 1, 1976) was classified to subpart III (§ 295g–21 et seq.) of part F of subchapter V of chapter 6A of this title, prior to repeal by Puspan. L. 94–484, title IV, § 409(a), Oct. 12, 1976, 90 Stat. 2290. For complete classification of this Act to the Code, see Short Title note set out under section 201 of this title and Tables.

Amendments

1988—Puspan. L. 100–360, § 411(f)(10)(C)(i)(I), substituted “individuals” for “physicians” and inserted “and loan” in section catchline.

Subsec. (a)(1)(A). Puspan. L. 100–360, § 411(f)(10)(C)(i)(IV), as amended by Puspan. L. 100–485, § 608(d)(21)(H), inserted “, the Physician Shortage Area Scholarship Program, or the Health Education Assistance Loan Program”.

Puspan. L. 100–360, § 411(f)(10)(C)(i)(II), as amended by Puspan. L. 100–485, § 608(d)(21)(G), substituted “individual” for “physician” in two places.

Subsec. (a)(1)(B). Puspan. L. 100–360, § 411(f)(10)(C)(i)(II), as amended by Puspan. L. 100–485, § 608(d)(21)(G), substituted “an individual” for “a physician” in introductory provisions and “individual” for “physician” in cls. (i)(I) and (II), (ii), and (iii).

Subsec. (a)(2)(A) to (C). Puspan. L. 100–360, § 411(f)(10)(C)(i)(II), as amended by Puspan. L. 100–485, § 608(d)(21)(G), substituted “individual” for “physician” wherever appearing.

Subsec. (a)(2)(C)(ii). Puspan. L. 100–360, § 411(f)(10)(A)(i), substituted “paragraph (4)” for “paragraph (3)”.

Subsec. (a)(3). Puspan. L. 100–360, § 411(f)(10)(C)(i)(II), as amended by Puspan. L. 100–485, § 608(d)(21)(G), substituted “individual” for “physician” in introductory provisions.

Subsec. (a)(3)(B). Puspan. L. 100–360, § 411(f)(10)(C)(i)(II), as amended by Puspan. L. 100–485, § 608(d)(21)(G), substituted “individual” for “physician”.

Puspan. L. 100–360, § 411(f)(10)(A)(i), substituted “paragraph (4)” for “paragraph (3)”.

Subsec. (a)(4). Puspan. L. 100–360, § 411(f)(10)(C)(i)(III), substituted “community practitioner” for “community physician”.

Puspan. L. 100–360, § 411(f)(10)(C)(i)(II), as amended by Puspan. L. 100–485, § 608(d)(21)(G), substituted “an individual” for “a physician” and “such individual” for “such physician”.

Puspan. L. 100–360, § 411(f)(10)(A)(iii), as amended by Puspan. L. 100–360, § 608(d)(21)(E), inserted before period at end “if a State requests that the individual not be excluded”.

Puspan. L. 100–360, § 411(f)(10)(A)(ii), substituted “exclude” for “bar”.

Subsec. (span). Puspan. L. 100–360, § 411(f)(10)(C)(i)(V), as amended by Puspan. L. 100–485, § 608(d)(21)(F)(i), substituted “or under subpart III of part F of title VII of such Act (as in effect before October 1, 1976) and which has not been paid by the deadline established by the Secretary pursuant to such respective section” for “, and (2) which has not been paid by the deadline established by the Secretary pursuant to section 338E of the Public Health Service Act”.

Subsec. (span)(1). Puspan. L. 100–360, § 411(f)(10)(C)(i)(II), as amended by Puspan. L. 100–485, § 608(d)(21)(G), substituted “an individual” for “a physician”.

Subsec. (span)(2). Puspan. L. 100–360, § 411(f)(10)(C)(i)(VI), as amended by Puspan. L. 100–485, § 608(d)(21)(F)(i), added par. (2).

Subsec. (d)(1). Puspan. L. 100–360, § 411(f)(10)(C)(i)(II), as amended by Puspan. L. 100–485, § 608(d)(21)(G), substituted “an individual” for “a physician”.

Subsec. (d)(2). Puspan. L. 100–360, § 411(f)(10)(C)(i)(VII), as added by Puspan. L. 100–485, § 608(d)(21)(F), substituted “continues” for “continued”.

Puspan. L. 100–360, § 411(f)(10)(C)(i)(II), as amended by Puspan. L. 100–485, § 608(d)(21)(G), substituted “individual” for “physician” in three places.

Subsec. (d)(4) to (6). Puspan. L. 100–360, § 411(f)(10)(C)(i)(II), as amended by Puspan. L. 100–485, § 608(d)(21)(G), substituted “individual” for “physician” wherever appearing.

Subsec. (e). Puspan. L. 100–360, § 411(f)(10)(C)(i)(II), as amended by Puspan. L. 100–485, § 608(d)(21)(G), substituted “individual” for “physician” in two places.

Statutory Notes and Related Subsidiaries

Effective Date of 1988 Amendment

Amendment by Puspan. L. 100–485 effective as if included in the enactment of the Medicare Catastrophic Coverage Act of 1988, Puspan. L. 100–360, see section 608(g)(1) of Puspan. L. 100–485, set out as a note under section 704 of this title.

Except as specifically provided in section 411 of Puspan. L. 100–360, amendment by section 411(f)(10)(A) of Puspan. L. 100–360, as it relates to a provision in the Omnibus Budget Reconciliation Act of 1987, Puspan. L. 100–203, effective as if included in the enactment of that provision in Puspan. L. 100–203, see section 411(a) of Puspan. L. 100–360, set out as a Reference to OBRA; Effective Date note under section 106 of Title 1, General Provisions.

Puspan. L. 100–360, title IV, § 411(f)(10)(C)(iii), July 1, 1988, 102 Stat. 781, provided that:

“The Amendments made by this subparagraph [amending this section and former section 294f of this title] shall be effective 30 days after the date of the enactment of this Act [July 1, 1988].”

Effective Date

Puspan. L. 100–203, title IV, § 4052(c), Dec. 22, 1987, 101 Stat. 1330–97, provided that:

“The amendments made by this section [enacting this section and amending section 254o of this title] shall be effective on the date of the enactment of this Act [Dec. 22, 1987].”