---
kind: "section"
citation: "42 C.F.R. § 413.80"
title: "42"
number: "413.80"
heading: "Direct GME payments: Determination of weighting factors for foreign medical graduates."
url: "https://uscodex.org/cfr/42/413.80"
---

# §413.80. Direct GME payments: Determination of weighting factors for foreign medical graduates.

- (a) The weighting factor for a foreign medical graduate is determined under the provisions of [§ 413.79](/cfr/42/413.79.md) if the foreign medical graduate—
  - (1) Has passed FMGEMS; or
  - (2) Before July 1, 1986, received certification from, or passed an examination of, the Educational Committee for Foreign Medical Graduates.
- (b) Before July 1, 1986, the weighting factor for a foreign medical graduate is 1.0 times the weight determined under the provisions of [§ 413.79](/cfr/42/413.79.md). On or after July 1, 1986, and before July 1, 1987, the weighting factor for a graduate of a foreign medical school who was in a residency program both before and after July 1, 1986 but who does not meet the requirements set forth in [paragraph (a)](#a) of this section is .50 times the weight determined under the provisions of [§ 413.79](/cfr/42/413.79.md).
- (c) On or after July 1, 1987, these foreign medical graduates are not counted in determining the number of FTE residents.
- (d) During the cost reporting period in which a foreign medical graduate passes FMGEMS, the weighting factor for that resident is determined under the provisions of [§ 413.79](/cfr/42/413.79.md) for the part of the cost reporting period beginning with the month the resident passes the test.
- (e) On or after September 1, 1989, the National Board of Medical Examiners Examination, Parts I and II, may be substituted for FMGEMS for purposes of the determination made under paragraphs [(a)](#a) and [(d)](#d) of this section.
- (f) On or after June 1, 1992, the United States Medical Licensing Examination may be substituted for the FMGEMS for purposes of the determination made under paragraphs [(a)](#a) and [(d)](#d) of this section. On or after July 1, 1993, only the results of steps I and II of the United States Medical Licensing Examination will be accepted for purposes of making this determination.

## Notes

### Amendments

[69 FR 49254, Aug. 11, 2004]

### Authority

Authority: 42 U.S.C. 1302, 1395d(d), 1395f(b), 1395g, 1395l(a), (i), and (n), 1395m, 1395x(v), 1395x(kkk), 1395hh, 1395rr, 1395tt, and 1395ww.

### Source

Source: 51 FR 34793, Sept. 30, 1986, unless otherwise noted.

### Amendments

[69 FR 49254, Aug. 11, 2004]