42 USC 1395hhh - Health care infrastructure improvement program

U.S Code last checked for updates: Apr 27, 2024

§ 1395hhh.

Health care infrastructure improvement program

(a)

Establishment

(b)

Application

(c)

Selection criteria

(1)

In general

(2)

Qualifying hospital defined

For purposes of this section, the term “qualifying hospital” means a hospital or an entity described in paragraph (3) that—

(A)

is engaged in research in the causes, prevention, and treatment of cancer; and

(B)

is designated as a cancer center for the National Cancer Institute or is designated by the State legislature as the official cancer institute of the State and such designation by the State legislature occurred prior to December 8, 2003.

(3)

Entity described

An entity described in this paragraph is an entity that—

(A)

is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code;

(B)

has at least 1 existing memorandum of understanding or affiliation agreement with a hospital located in the State in which the entity is located; and

(C)

retains clinical outpatient treatment for cancer on site as well as lab research and education and outreach for cancer in the same facility.

(d)

Projects

(e)

State and local permits

The provision of a loan under this section with respect to a project shall not—

(1)

relieve any recipient of the loan of any obligation to obtain any required State or local permit or approval with respect to the project;

(2)

limit the right of any unit of State or local government to approve or regulate any rate of return on private equity invested in the project; or

(3)

otherwise supersede any State or local law (including any regulation) applicable to the construction or operation of the project.

(f)

Forgiveness of indebtedness

The Secretary may forgive a loan provided to a qualifying hospital under this section under terms and conditions that are analogous to the loan forgiveness provision for student loans under part D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.), except that the Secretary shall condition such forgiveness on the establishment by the hospital of—

(A)

an outreach program for cancer prevention, early diagnosis, and treatment that provides services to a substantial majority of the residents of a State or region, including residents of rural areas;

(B)

an outreach program for cancer prevention, early diagnosis, and treatment that provides services to multiple Indian tribes; and

(C)

(i)

unique research resources (such as population databases); or

(ii)

an affiliation with an entity that has unique research resources.

(g)

Funding

(1)

In general

(2)

Administrative costs

(3)

Availability

(h)

Report to Congress

(i)

Limitation on review

(Aug. 14, 1935, ch. 531, title XVIII, § 1897, as added Pub. L. 108–173, title X, § 1016, Dec. 8, 2003, 117 Stat. 2447; amended Pub. L. 109–13, div. A, title VI, § 6045(a), (b), May 11, 2005, 119 Stat. 294.)

cite as: 42 USC 1395hhh