Page:United States Statutes at Large Volume 93.djvu/645

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

PUBLIC LAW 96-000—MMMM. DD, 1979

PUBLIC LAW 96-79—OCT. 4, 1979 The requirements of this paragraph are in addition to the requirements of the other paragraphs of this subsection and may, as appropriate, apply to other review programs.". (e) Section 1532(b) is amended by adding after paragraph (12) (added by subsection (d)) the following new paragraph: "(13)(A) In the case of reviews by health systems agencies under section 1513(f) and by State Agencies under paragraphs (4) and (5) of section 1523(a)— "(i) provision for applications to be submitted in accordance with a timetable established by the reviewing agency, "(ii) provision for such reviews to be undertaken in a timely fashion, and "(iii) provision for all completed applications pertaining to similar types of services, facilities, or equipment affecting the same health service area to be considered in relation to each other (but no less often than twice a year). "(B) In the case of reviews by health systems agencies under section 1513(g) and by State Agencies under paragraph (6) of section 1523(a), provision for reviews of similar types of institutional health services affecting the same health service area to be considered in relation to each other.". (f) Section 1532(c)(6) is amended to read as follows: "(6) In the case of health services proposed to be provided— "(A) the availability of resources (including health manpower, management personnel, and funds for capital and operating needs) for the provision of such services, "(B) the effect of the means proposed for the delivery of such services on the clinical needs of health professional training programs in the area in which such services are to be provided, "(C) if such services are to be available in a limited number of facilities, the extent to which the health professions schools in the area will have access to the services for training purposes, "(D) the availability of alternative uses of such resources for the provision of other health services, and "(E) the extent to which such proposed services will be accessible to all the residents of the area to be served by such services.". (g)(1) Section 1532(c)(9)(B) is amended by inserting "and on the costs and charges to the public of providing health services by other persons" after "construction project" the second time it occurs. (2) Section 1532(c) (as amended by section 103(d)) is amended by adding at the end the following: "(13) In the case of health services or facilities proposed to be provided, the efficiency and appropriateness of the use of existing services and facilities similar to those proposed. "(14) In the case of existing services or facilities, the quality of care provided by such services or facilities in the past.", (h) Section 1532(a) is amended by adding after the sentence added by subsection (c) the following: "The Secretary shall review at least annually regulations promulgated under this section and provide opportunity for the submission of comments by health systems agencies. State Agencies, and Statewide Health Coordinating Councils on the need for the revision of such regulations. At least forty-five days before the initial publication of a regulation proposing a revision in a regulation of the Secretary under this section, the Secretary shall, with respect to such proposed revision, consult with and solicit

93 STAT. 613

Ante, p. 6ii. 42 USC 300/-2. 42 USC 300m-2.

42 USC 300n-i.

Ante, p. 594.

Ante, p. 6II.