Designation by Secretary; removal from areas designated; “medical facility” defined
Criteria for designation of health professional shortage areas; promulgation of regulations
Considerations in determination of designation
Designation; publication of descriptive lists
Notice of proposed designation of areas and facilities; time for comment
Notice of designation
Recommendations to Secretary
Any person may recommend to the Secretary the designation of an area, population group, medical facility, or other public facility as a health professional shortage area.
Public information programs in designated areas
The Secretary may conduct such information programs in areas, among population groups, and in medical facilities and other public facilities designated under this section as health professional shortage areas as may be necessary to inform public and nonprofit private entities which are located or have a demonstrated interest in such areas of the assistance available under this subchapter by virtue of the designation of such areas.
Dissemination
Regulations and report
Maternity care health professional target areas
July 1, 1944, ch. 373 Pub. L. 94–484, title IV, § 407(b)(3)90 Stat. 2270 Pub. L. 95–142, § 7(d)91 Stat. 1193 Pub. L. 96–32, § 7(d)93 Stat. 84 Pub. L. 97–35, title IX, § 986(b)(4)95 Stat. 603 Pub. L. 100–77, title VI, § 602101 Stat. 515 Pub. L. 100–177, title III, § 302101 Stat. 1003 Pub. L. 100–607, title VIII, § 802(b)(2)102 Stat. 3169 Pub. L. 100–628, title VI, § 602(b)(2)102 Stat. 3242 Pub. L. 101–597, title I, § 102104 Stat. 3014 Pub. L. 107–251, title III, § 302(a)116 Stat. 1643 Pub. L. 108–163, § 2(f)(1)117 Stat. 2021 Pub. L. 110–355, § 3(b)122 Stat. 3993 Pub. L. 115–320, § 2132 Stat. 4437 (, title III, § 332, as added , , ; amended , , ; , , ; , title XXVII, § 2702(a), (b), (c), , , 903, 904; , , ; , , ; , , ; , , ; , title IV, § 401(b)[(a)], , , 3035; , (d)(2), title VI, § 601(a), , , 1645, 1664; , , ; , , ; , , .)
Editorial Notes
References in Text
Pub. L. 93–63888 Stat. 2206 section 5301 of Title 25The Indian Self-Determination Act, referred to in subsec. (a)(2)(B), is title I of , , , which is classified principally to subchapter I (§ 5321 et seq.) of chapter 46 of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
act Aug. 14, 1935, ch. 531 49 Stat. 620 section 1305 of this titleThe Social Security Act, referred to in subsec. (c)(2), is , . Titles XVIII, XIX, and XXI of the Act are classified generally to subchapters XVIII (§ 1395 et seq.), XIX (§ 1396 et seq.), and XXI (§ 1397aa et seq.), respectively, of chapter 7 of this title. For complete classification of this Act to the Code, see and Tables.
Prior Provisions
section 256 of this titlePub. L. 95–626A prior section 332 of act , was renumbered section 340, and was classified to prior to repeal by .
Amendments
Pub. L. 115–3202018—Subsec. (k). added subsec. (k).
Pub. L. 110–3552008—Subsec. (a)(1). struck out “Not earlier than 6 years after such date of designation, and every 6 years thereafter, each such center or clinic shall demonstrate that the center or clinic meets the applicable requirements of the Federal regulations regarding the definition of a health professional shortage area for purposes of this section.” before “The Secretary shall not”.
Pub. L. 108–163, § 2(f)(1)(A)2003—Subsec. (a)(1). , substituted “such date of designation” for “such date of enactment” and “regarding” for “, issued after the date of enactment of this Act, that revise”.
Pub. L. 108–163, § 2(f)(1)(B)Subsec. (a)(3). , substituted “254b(h)(5)” for “254b(h)(4)”.
Pub. L. 108–163, § 2(f)(1)(C)Subsec. (b)(2). , struck out comma before period at end.
Pub. L. 108–163, § 2(f)(1)(D)Subsec. (j). , added subsec. (j).
Pub. L. 107–251, § 302(a)(1)(A)42 U.S.C. 1395x(aa)section 254g of this title2002—Subsec. (a)(1). , inserted after first sentence “All Federally qualified health centers and rural health clinics, as defined in section 1861(aa) of the Social Security Act (), that meet the requirements of shall be automatically designated as having such a shortage. Not earlier than 6 years after such date of enactment, and every 6 years thereafter, each such center or clinic shall demonstrate that the center or clinic meets the applicable requirements of the Federal regulations, issued after the date of enactment of this Act, that revise the definition of a health professional shortage area for purposes of this section.”
Pub. L. 107–251, § 601(a)Subsec. (a)(2)(C). , substituted “254b(h)” for “256”.
Pub. L. 107–251, § 302(a)(1)(B)section 254b(g)(3) of this titlesection 1437a(b)(1) of this titleSubsec. (a)(3). , substituted “254b(h)(4) of this title), seasonal agricultural workers (as defined in ) and migratory agricultural workers (as so defined)), and residents of public housing (as defined in ) may be population groups” for “256(r) of this title) may be a population group”.
Pub. L. 107–251, § 302(a)(2)Subsec. (b)(2). , struck out after “designation,” the following: “with special consideration to indicators of—
“(A) infant mortality,
“(B) access to health services,
“(C) health status, and
“(D) ability to pay for health services”.
Pub. L. 107–251, § 302(a)(3)Subsec. (c)(2)(B). , substituted “XVIII, XIX, or XXI of the Social Security Act” for “XVIII or XIX of the Social Security Act”.
Pub. L. 107–251, § 302(d)(2)Subsec. (i). , added subsec. (i).
Pub. L. 101–597, § 401(b)[(a)]1990—Subsec. (a)(1). , substituted reference to health professional shortage area for reference to health manpower shortage area wherever appearing.
Pub. L. 101–597, § 102(b)(1)Subsec. (a)(2)(A). , inserted “facility operated by a city or county health department,” before “and community health center”.
Pub. L. 101–597, § 102(b)(2)Subsec. (a)(2)(B). , inserted before semicolon “, and a health program or facility operated by a tribe or tribal organization under the Indian Self-Determination Act”.
Pub. L. 101–597, § 102(b)(3)Subsec. (a)(2)(C). , substituted “section” for “sections” before “248”, struck out “or” before “253” and “or section” before “247e”, and inserted before semicolon “, or 256 of this title (relating to the provision of health services to homeless individuals)”.
Pub. L. 101–597, § 401(b)[(a)]Subsec. (b). , substituted reference to health professional shortage area for reference to health manpower shortage area.
Pub. L. 101–597, § 102(c)(1), struck out “, promulgated not later than ,” after “establish by regulation”.
Pub. L. 101–597, § 102(c)(2)Subsec. (c). , redesignated pars. (2) and (3) as (1) and (2), respectively, and struck out former par. (1) which read as follows:
l“(A) The recommendations of each health systems agency (designated under section 300–4 of this title) for a health service area which includes all or any part of the area, population group, medical facility, or other public facility under consideration for designation.
section 300m of this title“(B) The recommendations of the State health planning and development agency (designated under ) if such area, population group, medical facility, or other public facility is within a health service area for which no health systems agency has been designated.”
Pub. L. 101–597, § 401(b)[(a)]Subsec. (d). , substituted reference to health professional shortage area for reference to health manpower shortage area in par. (1).
Pub. L. 101–597, § 102(a), (c)(3), designated existing provision as par. (1), struck out “, not later than ,” after “Secretary shall designate”, and added par. (2).
Pub. L. 101–597, § 401(b)[(a)]Subsec. (e). , substituted reference to health professional shortage area for reference to health manpower shortage area wherever appearing.
Pub. L. 101–597, § 401(b)[(a)]Subsec. (f). , substituted reference to health professional shortage area for reference to health manpower shortage area.
Pub. L. 101–597, § 102(c)(4), redesignated par. (3) as (2) and struck out former par. (2) which read as follows:
l“(A) each health systems agency (designated under section 300–4 of this title) for a health service area which includes all or any part of the area, population group, medical facility, or other public facility so designated; or
section 300m of this title“(B) the State health planning and development agency of the State (designated under ) if there is a part of such area, population group, medical facility, or other public facility within a health service area for which no health systems agency has been designated; and”.
Pub. L. 101–597, § 401(b)[(a)]Subsecs. (g), (h). , substituted reference to health professional shortage area for reference to health manpower shortage area.
Pub. L. 100–607Pub. L. 100–6281988—Subsec. (a)(3). and made identical amendments, substituting “section 256(r)” for “section 256(q)(2)”.
Pub. L. 100–177, § 302(1)1987—Subsec. (a)(1). , inserted sentence at end relating to removal of an area from areas determined to be health manpower shortage areas.
Pub. L. 100–77Subsec. (a)(3). added par. (3).
Pub. L. 100–177, § 302(2)Subsec. (b)(2)(D). , added subpar. (D).
Pub. L. 97–35, § 2702(a)1981—Subsec. (a)(1)(A). , inserted provisions respecting reasonable accessibility to adequately served area.
Pub. L. 97–35, § 986(b)(4)Subsec. (a)(2)(C). , substituted “persons under quarantine” for “seamen”.
Pub. L. 97–35, § 2702(c)Subsec. (e). , designated existing provisions as par. (1) and added par. (2).
Pub. L. 97–35, § 2702(b)Subsec. (h). , substituted “may” for “shall”.
Pub. L. 96–32section 247e of this title1979—Subsec. (a)(2)(C). substituted “” for “part D of subchapter II of this chapter”.
Pub. L. 95–1421977—Subsec. (c)(3). added par. (3).
Statutory Notes and Related Subsidiaries
Effective Date of 2003 Amendment
Pub. L. 108–163Pub. L. 107–251section 3 of Pub. L. 108–163section 233 of this titleAmendments by deemed to have taken effect immediately after the enactment of , see , set out as a note under .
Effective Date of 1988 Amendments
Pub. L. 100–628, title VI, § 631102 Stat. 3244
Pub. L. 100–607, title VIII, § 831102 Stat. 3171
Effective Date of 1981 Amendment
section 986(b)(4) of Pub. L. 97–35section 986(c) of Pub. L. 97–35section 249 of this titleAmendment by effective , see , set out as a note under .
Effective Date of 1977 Amendment
Pub. L. 95–142, § 7(e)(1)91 Stat. 1194
Regulations
Pub. L. 107–251, title III, § 302(b)116 Stat. 1644 section 254f–1 of this titlePub. L. 108–163, § 2(f)(2)117 Stat. 2022 , , , which required the Secretary to submit a report to Congress, if the Secretary issued regulations revising the definition of a health professional shortage area under this section and standards concerning priority of such an area under , was repealed by , , .
Improvement of Site Designation Process
Pub. L. 107–251, title III, § 302(d)(1)116 Stat. 1644
GAO Study
Pub. L. 107–251, title III, § 302(e)116 Stat. 1645 , , , required the Comptroller General, no later than , to submit to Congress a report on the appropriateness of certain criteria established by the Secretary of Health and Human Services for the designation of health professional shortage areas and whether federally qualified health centers and rural health clinics should be deemed as such areas.
Reference to Community, Migrant, Public Housing, or Homeless Health Center Considered Reference to Health Center
section 4(c) of Pub. L. 104–299section 254b of this titleReference to community health center, migrant health center, public housing health center, or homeless health center, considered reference to health center, see , set out as a note under .
Evaluation of Criteria Used To Designate Health Manpower Shortage Areas; Report to Congress
Pub. L. 97–35, title XXVII, § 2702(c)95 Stat. 903 section 254e(b) of this title, , , directed the Secretary of Health and Human Services, effective , to evaluate the criteria used under to determine if the use of the criteria resulted in areas which did not have a shortage of health professions personnel being designated as health manpower shortage areas, and to consider different criteria (including the actual use of health professions personnel in an area by the residents, taking into account their health status and indicators of unmet demand and likelihood that such demand would not be met in two years) which might be used to designate health manpower shortage areas. The Secretary was to report the results of his activities to Congress not later than .