Purpose
Definitions
Authorization
The Secretary is authorized to insure any mortgage (including advances on such mortgage during construction) in accordance with the provisions of this section upon such terms and conditions as he may prescribe and to make commitments for insurance of such mortgage prior to the date of its execution or disbursement thereon.
Terms and conditions; limitation on maximum amount of mortgage; amortization; interest; certification from State agency
Release of part of mortgaged property or project from lien
The Secretary may consent to the release of a part or parts of the mortgaged property or project from the lien of any mortgage insured under this section upon such terms and conditions as he may prescribe.
Applicability of other laws
lsection 1713 of this titlesection 1713 of this titleThe provisions of subsections (d), (e), (g), (h), (i), (j), (k), (), and (n) of shall apply to mortgages insured under this section and all references therein to shall refer to this section.
Regulations covering intermediate care facilities; consultations
The Secretary shall prescribe such regulations as may be necessary to carry out the provisions of this section relating to intermediate care facilities, after consulting with the Secretary of Health and Human Services with respect to any health or medical aspects of the program which may be involved in such regulations.
Consultations concerning need for and availability of intermediate care facilities
The Secretary shall also consult with the Secretary of Health and Human Services as to the need for and the availability of intermediate care facilities in any area for which an intermediate care facility is proposed under this section.
Fire safety equipment for nursing homes, assisted living facilities, intermediate care facilities, or board and care homes
Schedules and deadlines for processing and approval of applications
The Secretary shall establish schedules and deadlines for the processing and approval (or provision of notice of disapproval) of applications for mortgage insurance under this section. The Secretary shall submit a report to the Congress annually describing such schedules and deadlines and the extent of compliance by the Department with the schedules and deadlines during the year.
June 27, 1934, ch. 847Pub. L. 86–372, title I, § 11573 Stat. 663Pub. L. 87–70, title VI, § 61075 Stat. 180Pub. L. 88–560, title I, § 11778 Stat. 779Pub. L. 89–117, title XI, § 1108(m)79 Stat. 505Pub. L. 90–19, § 1(a)(3)81 Stat. 17Pub. L. 90–448, title III, § 31482 Stat. 511Pub. L. 91–152, title I, § 11183 Stat. 382Pub. L. 93–20487 Stat. 883Pub. L. 93–383, title III, § 304(g)88 Stat. 678Pub. L. 95–128, title III, § 308(a)91 Stat. 1135Pub. L. 95–557, title III, § 31292 Stat. 2099Pub. L. 96–399, title III, § 310(f)94 Stat. 1643Pub. L. 98–181, title I97 Stat. 1209Pub. L. 98–479, title I, § 104(a)(1)98 Stat. 2224Pub. L. 100–242, title IV101 Stat. 1904Pub. L. 102–550, title V, § 511(a)106 Stat. 3784–3786Pub. L. 105–65, title II, § 216111 Stat. 1367Pub. L. 105–276, title II, § 214(a)112 Stat. 2486(, title II, § 232, as added , , ; amended , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; [title IV, §§ 404(b)(10), 437], , , 1222, 1223; , , ; , §§ 410(a), (b), 429(e), , , 1918; –(e), , ; , , ; , , .)
Editorial Notes
References in Text
section 1735c of this titleThe General Insurance Fund, referred to in subsec. (d)(1), was established by .
Section 8211 of title 42section 8229 of Title 42, referred to in subsec. (d)(2)(B), was omitted from the Code pursuant to , The Public Health and Welfare, which terminated authority under that section on .
section 300m of Title 42Pub. L. 99–660, title VII, § 701(a)100 Stat. 3799Section 1521 of the Public Health Service Act, referred to in subsec. (d)(4)(A), is section 1521 of act , which was classified to , The Public Health and Welfare, prior to repeal, effective , by , , .
act Aug. 13, 1935, ch. 53149 Stat. 620section 1305 of Title 42The Social Security Act, referred to in subsec. (i)(1), is , . Titles XVIII and XIX of the Act are classified generally to subchapters XVIII (§ 1395 et seq.) and XIX (§ 1396 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see and Tables.
Amendments
Pub. L. 105–276Pub. L. 105–651998—Subsec. (b)(4)(B). made technical correction to directory language of . See 1997 Amendment note below.
Pub. L. 105–65Pub. L. 105–2761997—Subsec. (b)(4)(B). , as amended by , substituted “ten years to run beyond the maturity date of the mortgage” for “fifty years to run from the date the mortgage was executed”.
Pub. L. 102–550, § 511(a)(1)1992—Subsec. (a). , substituted “any” for “either” in introductory provisions.
Pub. L. 102–550, § 511(a)(2)Subsec. (a)(3). , added par. (3).
Pub. L. 102–550, § 511(b)Subsec. (b)(6), (7). , added pars. (6) and (7).
Pub. L. 102–550, § 511(c)(1)Subsec. (d). , in introductory provisions, inserted “, assisted living facility,” after “rehabilitated nursing home,”, substituted “any combination of nursing home, assisted living facility, and intermediate care facility” for “combined nursing home and intermediate care facility”, and inserted “, including a new addition to an existing nursing home, assisted living facility, or intermediate care facility and regardless of whether the existing home or facility is being rehabilitated,” after first reference to “intermediate care facility”.
Pub. L. 102–550, § 511(c)(2)lSubsec. (d)(2). , inserted “or 95 percent of the estimated value of the property or project in the case of a mortgagor that is a private nonprofit corporation or association (under the meaning given such term for purposes of section 1715(d)(3) of this title),” before “including” in introductory provisions.
Pub. L. 102–550, § 511(c)(3)Subsec. (d)(3). , inserted concluding provisions.
Pub. L. 102–550, § 511(c)(4)Subsec. (d)(4)(C). , added subpar. (C).
Pub. L. 102–550, § 511(d)Subsec. (i)(1). , inserted “, assisted living facilities,” after “nursing homes”.
Pub. L. 102–550, § 511(e)Subsec. (j). , added subsec. (j).
Pub. L. 100–242, § 410(a)1988—Subsec. (b)(1). , inserted “public facility,” before “proprietary”.
Pub. L. 100–242, § 429(e)(1)Subsec. (b)(3) to (5). , indented as par. (3) former run-in cl. (3) defining “nursing home” and “intermediate care facility”, inserted “the term”, and struck out “and” after semicolon at end, redesignated as par. (4) former par. (3) defining “mortgage”, and redesignated as par. (5) former par. (4).
Pub. L. 100–242, § 410(b)section 300m of title 42Subsec. (d)(4)(A). , inserted “If no such State agency exists, or if the State agency exists but is not empowered to provide a certification that there is a need for the home or facility or combined home and facility as required in clause (i) of the first sentence, the Secretary shall not insure any mortgage under this section unless (i) the State in which the home or facility or combined home and facility is located has conducted or commissioned and paid for the preparation of an independent study of market need and feasibility that (I) is prepared in accordance with the principles established by the American Institute of Certified Public Accountants; (II) assesses, on a marketwide basis, the impact of the proposed home or facility or combined home and facility on, and its relationship to, other health care facilities and services, the percentage of excess beds, demographic projections, alternative health care delivery systems, and the reimbursement structure of the home, facility, or combined home and facility; (III) is addressed to and is acceptable to the Secretary in form and substance; and (IV) in the event the State does not prepare the study, is prepared by a financial consultant who is selected by the State or the applicant for mortgage insurance and is approved by the Secretary; and (ii) the State complies with the other provisions of this subparagraph that would otherwise be required to be met by a State agency designated in accordance with section 291d(a)(1) or . The proposed mortgagor may reimburse the State for the cost of the independent feasibility study required in the preceding sentence. In the case of a small intermediate care facility for the mentally retarded or developmentally disabled, or a board and care home housing less than 10 individuals, the State program agency or agencies responsible for licensing, certifying, financing, or monitoring the facility or home may, in lieu of the requirements of clause (i) of the third sentence, provide the Secretary with written support identifying the need for the facility or home.”
Pub. L. 100–242, § 429(e)(2)Subsec. (i)(2)(B). , amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “bear interest at not to exceed a rate determined by the Secretary to be necessary to meet the loan market”.
Pub. L. 98–4791984— inserted reference to board and care homes in section catchline.
Pub. L. 98–181, § 437(a)1983—Subsec. (a)(2). , inserted “and board and care homes” after “intermediate care facilities”.
Pub. L. 98–181, § 437(b)Subsec. (b)(4). , added par. (4).
Pub. L. 98–181, § 437(c)(1)Subsec. (d). , in provisions preceding par. (1) inserted “or a board and care home” after “and intermediate care facility,”.
Pub. L. 98–181, § 404(b)(10)Subsec. (d)(3)(B). , substituted provision that the interest rate be at such a rate as agreed upon by the mortgagor and the mortgagee for provision that the interest rate, exclusive of premium charges for insurance, not exceed 5 per centum per annum on the amount of the principal obligation outstanding at any time, or not exceed such per centum per annum not in excess of 6 per centum as the Secretary finds necessary to meet the mortgage market.
Pub. L. 98–181, § 437(c)(2)Subsec. (d)(4). , designated existing provision as subpar. (A), substituted “With respect to nursing homes and intermediate care facilities and combined nursing home and intermediate care facilities, the” for “The” and “(i)” and “(ii)” for “(A)” and “(B)”, respectively, and added subpar. (B).
Pub. L. 98–181, § 437(d)Subsecs. (g), (h). , (e), substituted “Health and Human Services” for “Health, Education, and Welfare”.
Pub. L. 98–181, § 437(f)(1)Subsec. (i)(1). , inserted “or to board and care homes” after “intermediate care facilities”, “(or any subsequent edition specified by the Secretary of Health and Human Services)” after “Association”, and “or as mandated by a State under provisions of section 1616(e) of such Act” after “Social Security Act”, and substituted “Health and Human Services” for “Health, Education, and Welfare”.
Pub. L. 98–181, § 437(f)(2)Subsec. (i)(2)(F). , added subpar. (F).
Pub. L. 96–3991980—Subsec. (d)(2). revised existing provisions into introductory paragraph and subpar. (A) and added subpar. (B).
Pub. L. 95–557, § 312(a)1978—Subsec. (a). , inserted “, including additional facilities for the nonresident care of elderly individuals and others who are able to live independently but who require care during the day” after pars. (1) and (2).
Pub. L. 95–557, § 312(b)Subsec. (b)(2). , inserted “(3) a ‘nursing home’ or ‘intermediate care facility’ may include such additional facilities as may be authorized by the Secretary for the nonresident care of elderly individuals and others who are able to live independently but who require care during the day”.
Pub. L. 95–128section 300m of title 421977—Subsec. (d)(4). inserted reference to .
Pub. L. 93–3831974—Subsec. (d)(2). struck out “not to exceed $12,500,000, and” after “an amount”.
Pub. L. 93–2041973—Subsec. (i). added subsec. (i).
Pub. L. 91–152, § 111(1)1969—Subsec. (a). , added to stated purpose of this section of developing nursing homes, the development of intermediate care facilities or the development of such facilities in combination with nursing home facilities.
Pub. L. 91–152, § 111(2)Subsec. (b). , (3), struck out “and” after “is located;” in par. (1), redesignated par. (2) as (3), and added par. (2).
Pub. L. 91–152, § 111(4)Subsec. (d). , inserted provision authorizing the Secretary to insure any mortgage which covers an intermediate care facility or combined nursing home and intermediate care facility.
Pub. L. 91–152, § 111(5)Subsec. (d)(2). , substituted “operation of the home or facility or combined home or facility” for “operation of the nursing home”.
Pub. L. 91–152, § 111(6)section 291d(a)(1) of title 42section 291b(a)(1) of title 42Subsec. (d)(4). , substituted “” for “”, and made provisions applicable to the insurance of mortgages covering intermediate care facilities or combined nursing home and intermediate care facilities.
Pub. L. 91–152, § 111(7)Subsecs. (g), (h). , added subsecs. (g) and (h).
Pub. L. 90–448, § 314(1)1968—Subsec. (b)(2). , redefined term “mortgage” to mean a first mortgage on real estate in fee simple, or on the interest of either the lessor or lessee thereof under a lease for not less than ninety-nine years which is renewable, or under a lease having a period of not less than fifty years to run from the date the mortgage was executed, and inserted definition of “first mortgage”.
Pub. L. 90–448, § 314(2)Subsec. (d). , (3), authorized the Secretary to insure a mortgage which includes equipment to be used in the operation of a nursing home, and permitted the value of the equipment to be included in the calculation of the 90 per centum of the estimated value.
Pub. L. 90–191967— substituted “Secretary” for “Commissioner” wherever appearing.
Pub. L. 89–117, § 1108(m)(1)1965—Subsec. (d)(1). , substituted “General Insurance Fund” for “section 207 Housing Insurance Fund”.
Pub. L. 89–117, § 1108(m)(2)section 1713 of this titleSubsec. (f). , struck out references to subsecs. (f), (m) and (p) of .
Pub. L. 88–5601964—Subsec. (b)(1). inserted “or facility of a private nonprofit corporation or association” after “proprietary facility”.
Pub. L. 87–701961—Subsec. (d)(2). substituted “90 per centum” for “75 per centum”.
Statutory Notes and Related Subsidiaries
Effective Date of 1998 Amendment
Pub. L. 105–276, title II, § 214(b)112 Stat. 2486
Regulations
Pub. L. 100–242, title IV, § 410(c)101 Stat. 1904
Termination of Reporting Requirements
section 3003 of Pub. L. 104–66section 1113 of Title 31For termination, effective , of reporting provisions in subsec. (j) of this section, see , as amended, set out as a note under , Money and Finance, and page 105 of House Document No. 103–7.
Delegation of Processing of Mortgage Insurance
section 328 of Pub. L. 101–625section 1713 of this titleSecretary of Housing and Urban Development to implement system of mortgage insurance for mortgages insured under this section that delegates processing functions to selected approved mortgagees, with Secretary to retain authority to approve rents, expenses, property appraisals, and mortgage amounts and to execute firm commitments, see , set out as a note under .