Page:United States Statutes at Large Volume 88 Part 2.djvu/935

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[88 STAT. 2251]
PUBLIC LAW 93-000—MMMM. DD, 1975
[88 STAT. 2251]

88 STAT. ]

PUBLIC LAW 93-641-JAN. 4, 1975

2251

" (3) The term 'provider of health care' means an individual— " (A) who is a direct provider of health care (including a physician, dentist, nurse, podiatrist, or physician assistant) in that the individual's primary current activity is the provision of health care to individuals or the administration of facilities or institutions (including hospitals, long-term care facilities, outpatient facilities, and health maintenance organizations) in which such care is provided and, when required by State law, the individual has received professional training in the provision of such care or in such administration and is licensed or certified for such provision or administration; or " (B) who is an indirect provider of health care in that the individual— "(i) holds a fiduciary position with, or has a fiduciary interest in, any entity described in subclause ( II) or (IV) of clause (ii); "(ii) receives (either directly or through his spouse) more than one-tenth of his gross annual income from any one or combination of the following: " (I) Fees or other compensation for research into or instruction in the provision of health caie. " ( II) Entities engaged in the provision of health care or in such research or instruction. " ( I l l) Producing or supplying drugs or other articles for individuals or entities for use in the provision of or in research into or instruction in the provision of health care. " ( IV) Entities engaged in producing drugs or such other articles, "(iii) is a member of the immediate family of an individual described in subparagraph (A) or in clause (i), (ii), or (iv) of subparagraph (B); or "(iv) is engaged in issuing any policy or contract of individual or group health insurance or hospital or medical service benefits. "(4) the term 'health resources' includes health services, health professions personnel, and health facilities, except that such term does not include Christian Science sanatoriums operated, or listed and certified, by the First Church of Christ, Scientist, Boston, Massachusetts. "(5) The term 'institutional health services' means the health services provided through health care facilities and health maintenance organizations (as such facilities and organizations are defined in regulations prescribed under section 1122 of the Social Security Act) ^2 USC i320a-i. and includes the entities through which such services are provided. "PROCEDURES AND CRITERIA

FOR R E VI E W S o r

PROPOSED HEALTH

SYSTEM CHANGES

"SEC. 1532. (a) I n conducting reviews pursuant to subsections (e), 42 USC soon-i. (f), and (g) of section 1513 or in conducting any other reviews of proposed or existing health services, each health systems agency shall (except to the extent approved by the Secretary) follow procedures, and apply criteria, developed and published by the agency in accordance with regulations of the Secretary; and in performing its review functions under section 1523, a State Agency shall (except to the extent approved by the Secretary) follow procedures, and apply criteria, developed and published by the State Agency in accordance with regulations of the Secretary. Procedures and criteria for reviews by