PUBLIC LAW 92-585-OCT. 27, 1972 Public Law 92-585
October 27, 1972 [S.3858]
• ' '
AN ACT '•'• •" '• ^ '• To amend the Public Health Service Act to improve the program of medical assistance to areas with health manpower shortages, and for other purposes.
Be it enacted by the Senate and House of Representatives of the Emergency Health United States of AmeHca in Congress assembled, Personnel Act SECTION 1. This Act may be cited as the "Emergency Health PerAmendments of 1972. sonnel Act Amendments of 1972". 84 Stat. 1868; SEC. 2. (a) Section 329(a) of the Public Health Service Act is 85 Stat. 462. amended to read as follows: 42 tfSC 254b. National Health "SEC. 329. (a) There is established, within the Service, the National Service Corps, Health Service Corps (hereinafter in this section referred to as the establishment. 'Corps') which shall consist of those officers of the Regular and Reserve Corps of the Service and such other personnel as the Secretary may designate and which shall be utilized by the Secretary to improve the delivery of health care and services to persons residing in areas which have critical health manpower shortages." (b) Section 329(b) of such Act is amended to read as follows: " (b)(1) The Secretary shall (A) designate those areas which he determines have critical health manpower shortages, (B) provide assistance to persons seeking assignment of Corps personnel to such designated areas to provide under this section health care and services for persons residing in such areas, and (C) conduct such information programs in such designated areas as may be necessary to inform the public and private health entities serving those areas of the assistance available under this section. Personnel, "(2)(A) The Secretary may assign personnel of the Corps to proassignment. vide, under regulations prescribed by the Secretary, health care and services for persons residing in an area designated by the Secretary under paragraph (1) if— "(i) the State health agency of each State in which such area is located or the local public health agency or any other public or nonprofit private health entity in such area requests such assignment, and "(ii) the (I) local government of such area, and ( II) the State and district medical, dental, or other appropriate health societies (as the case may be), certify to the Secretary that such assignment of Corps personnel is needed for such area. If with respect to any proposed assignment of Corps personnel to an area the requirements of clauses (i) and (ii) of the preceding sentence are met except for the certification by the State and district medical, dental, or other appropriate health societies required by clause (ii) and if the Secretary finds from all the facts presented that such certification has clearly been arbitrarily and capriciously withheld, the Secretary may, after consultation with appropriate medical, dental, or other health societies, assign such personnel to such area. Corps personnel shall be assigned under this section on the basis of the extent of an area's need for health care and services and without regard to the ability of the residents of an area to pay for health care and services. Facilities, " (B) In providing health care and services under this section. Corps utilization. personnel shall utilize the techniques, facilities, and organizational forms most appropriate for the area and shall, to the maximum extent feasible, provide such care and services (i) to all persons in such area regardless of the ability of such persons to pay for the care and services, and (ii) in connection with (I) direct health care programs carried out by the Service; ( II) any direct health care program carried out in whole or in part with Federal financial assistance; or ( III) any