103 STAT. 2150 PUBLIC LAW 101-239—DEC. 19, 1989 the State in which it is located, the Secretary may designate such facility as a rural primary care hospital under this para- graph if the facility is not so designated by the State in which it is located solely because of its failure to meet the criteria described in subparagraphs (C), (F), or (G) of subsection (fKD. "(C) The Secretary may designate not more than 15 facilities as rural primary care hospitals under this paragraph that do not meet the requirements of clauses (i) and (ii) of subparagraph (A) if such a facility meets the criteria described in subpara- graphs (A), (B), and (E) of subsection (fKD, except that nothing in this subparagraph shall be construed to prohibit the Secretary from designating a facility as a rural primary care hospital solely because the facility has entered into an agreement with the Secretary under section 1883 under which the facility's inpatient hospital facilities may be used for the furnishing of extended care services, "( j) WAIVER OP CONFLICTING PART A PROVISIONS. —The Secretary is authorized to waive such provisions of this part as are necessary to conduct the program established under this section. "(k) AUTHORIZATION OF APPROPRIATIONS. —There are authorized to be appropriated from the Federal Hospital Insurance Trust Fund for each of the fiscal years 1990, 1991, and 1992— "(1) $10,000,000 for grants to States under subsection (a)(D; and "(2) $15,000,000 for grants to hospitals, facilities, and consor- tia under subsection (a)(2).". (B) MODIFICATION OF RURAL HEALTH CARE TRANSITION GRANT PROGRAM.— (i) Section 4005(e) of the Omnibus Budget 42 USC 1395WW Reconciliation Act of 1987 is amended—
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(I) in paragraph (1), by adding at the end the follow- ing new sentence: "Grants under this paragraph may be used to provide instruction and consultation (and such other services as the Administrator determines appropriate) via telecommunications to physicians in such rural areas (within the meaning of section 1886(d)(2)(D) of the Social Security Act) as are des- ignated either class 1 or class 2 health manpower shortage areas under section 332(a)(l)(A) of the Public Health Service Act.", (II) in paragraph (3)(A), by striking "an application to the Governor" and inserting "an application to the Administrator and a copy of such application to the Governor", (HI) in paragraph (3)(B), by striking "any applica- tion" and all that follows through "accompanied by" and inserting "to the Administrator, within a reason- able time after receiving a copy of an application pursuant to subparagraph (A),", (TV) in paragraph (6), by striking "2 years" and inserting "3 years", (V) in paragraph (7)(A), by striking "(D)" and insert- ing "(B)", (VI) in paragraph (7)(C), by striking the period at the end and inserting the following: ", except that this limitation shall not apply with respect to a grant used for the purposes described in subparagraph (D).",
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