---
kind: "range"
citation: "42 U.S.C. §§ 254d–254k"
title: "42"
from: "254d"
to: "254k"
count: 10
release: "119-102"
url: "https://uscodex.org/usc/42/254d..254k"
---

# §254d. National Health Service Corps

- (a) **Establishment; composition; purpose; definitions—**
  - (1) For the purpose of eliminating health manpower shortages in [health professional shortage areas](/usc/42/254e.md?p=a-1), there is established, within the [Service](/usc/42/201.md?p=a), the National Health [Service](/usc/42/201.md?p=a) [Corps](#a-3-A), which shall consist of—
    - (A) such officers of the Regular and Reserve [Corps](#a-3-A)[^1] of the [Service](/usc/42/201.md?p=a) as the [Secretary](/usc/42/201.md?p=c) may designate,
    - (B) such civilian [employees](/usc/42/300gg–91.md?p=d-5) of the [United States](/usc/42/403.md?p=k) as the [Secretary](/usc/42/201.md?p=c) may appoint, and
    - (C) such other individuals who are not [employees](/usc/42/300gg–91.md?p=d-5) of the [United States](/usc/42/403.md?p=k).
  - (2) The [Corps](#a-3-A) shall be utilized by the [Secretary](/usc/42/201.md?p=c) to provide [primary health services](#a-3-D) in [health professional shortage areas](/usc/42/254e.md?p=a-1).
  - (3) For purposes of this subpart and subpart III:
    - (A) The term “Corps” means the National Health [Service](/usc/42/201.md?p=a) Corps.
    - (B) The term “Corps member” means each of the officers, [employees](/usc/42/300gg–91.md?p=d-5), and individuals of which the [Corps](#a-3-A) consists pursuant to [paragraph (1)](#a-1).
    - (C) The term “[health professional shortage area](/usc/42/254e.md?p=a-1)” has the meaning given such term in [section 254e(a) of this title](/usc/42/254e.md?p=a).
    - (D) The term “primary health services” means health [services](/usc/42/201.md?p=a) regarding [family](/usc/42/290ff–4.md?p=d-2) medicine, internal medicine, pediatrics, obstetrics and gynecology, dentistry, or mental health, that are provided by [physicians](/usc/42/1395cc–4.md?p=a-2-E) or other health professionals.
    - (E)
      - (i) The term “behavioral and mental health professionals” means health [service](/usc/42/201.md?p=a) psychologists, licensed [clinical social workers](/usc/42/295p.md?p=14), licensed professional counselors, marriage and [family](/usc/42/290ff–4.md?p=d-2) therapists, psychiatric nurse specialists, and psychiatrists.
      - (ii) The term “graduate program of behavioral and mental health” means a [program](/usc/42/274l–1.md?p=4) that trains [behavioral and mental health professionals](#a-3-E-i).
- (b) **Recruitment and fellowship programs—**
  - (1) The [Secretary](/usc/42/201.md?p=c) may conduct at [schools](/usc/42/6372.md?p=1) of medicine, osteopathic medicine, dentistry, and, as appropriate, nursing and other [schools](/usc/42/6372.md?p=1) of the health professions, including [schools](/usc/42/6372.md?p=1) at which graduate [programs](/usc/42/274l–1.md?p=4) of behavioral and mental health are offered, and at entities which train allied health personnel, recruiting [programs](/usc/42/274l–1.md?p=4) for the [Corps](#a-3-A), the [Scholarship Program](#j-3), and the [Loan Repayment Program](#j-2). Such recruiting [programs](/usc/42/274l–1.md?p=4) shall include efforts to recruit individuals who will serve in the [Corps](#a-3-A) other than pursuant to obligated [service](/usc/42/201.md?p=a) under the Scholarship or [Loan Repayment Program](#j-2).
  - (2) In the case of [physicians](/usc/42/1395cc–4.md?p=a-2-E), dentists, [behavioral and mental health professionals](#a-3-E-i), certified nurse midwives, certified nurse [practitioners](/usc/42/1395a.md?p=b-6-C), and [physician](/usc/42/1320a–7h.md?p=e-11) assistants who have an interest and a commitment to providing primary health care, the [Secretary](/usc/42/201.md?p=c) may establish [fellowship](/usc/42/1862n–1.md?p=i-3) [programs](/usc/42/274l–1.md?p=4) to enable such health professionals to gain exposure to and expertise in the delivery of [primary health services](#a-3-D) in [health professional shortage areas](/usc/42/254e.md?p=a-1). To the maximum extent practicable, the [Secretary](/usc/42/201.md?p=c) shall ensure that any such [programs](/usc/42/274l–1.md?p=4) are established in conjunction with [accredited](/usc/42/300w–9.md?p=c-2) residency [programs](/usc/42/274l–1.md?p=4), and other [training](/usc/42/285e–2.md?p=b-2) [programs](/usc/42/274l–1.md?p=4), regarding such health professions.
- (c) **Travel and moving expenses; persons entitled; reimbursement; limitation—**
  - (1) The [Secretary](/usc/42/201.md?p=c) may reimburse an applicant for a position in the [Corps](#a-3-A) (including an individual considering entering into a written [agreement](/usc/42/1320b–8.md?p=a-3-A) pursuant to [section 254n of this title](/usc/42/254n.md)) for the actual and reasonable expenses incurred in traveling to and from the applicant’s place of residence to an eligible site to which the applicant may be assigned under [section 254f of this title](/usc/42/254f.md) for the purpose of evaluating such site with regard to being assigned at such site. The [Secretary](/usc/42/201.md?p=c) may establish a maximum total amount that may be paid to an individual as reimbursement for such expenses.
  - (2) The [Secretary](/usc/42/201.md?p=c) may also reimburse the applicant for the actual and reasonable expenses incurred for the travel of 1 [family member](/usc/42/300gg–91.md?p=d-15) to accompany the applicant to such site. The [Secretary](/usc/42/201.md?p=c) may establish a maximum total amount that may be paid to an individual as reimbursement for such expenses.
  - (3) In the case of an individual who has entered into a contract for obligated [service](/usc/42/201.md?p=a) under the [Scholarship Program](#j-3) or under the [Loan Repayment Program](#j-2), the [Secretary](/usc/42/201.md?p=c) may reimburse such individual for all or part of the actual and reasonable expenses incurred in transporting the individual, the individual’s [family](/usc/42/290ff–4.md?p=d-2), and the [family](/usc/42/290ff–4.md?p=d-2)’s [possessions](/usc/42/201.md?p=g) to the site of the individual’s assignment under [section 254f of this title](/usc/42/254f.md). The [Secretary](/usc/42/201.md?p=c) may establish a maximum total amount that may be paid to an individual as reimbursement for such expenses.
- (d) **Monthly pay adjustments of members directly engaged in delivery of health services in health professional shortage area; “monthly pay” defined; monthly pay adjustment of member with service obligation incurred under Scholarship Program or Loan Repayment Program; personnel system applicable—**
  - (1) The [Secretary](/usc/42/201.md?p=c) may, under [regulations](/usc/42/201.md?p=d) promulgated by the [Secretary](/usc/42/201.md?p=c), adjust the monthly pay of each member of the [Corps](#a-3-A) (other than a member described in [subsection (a)(1)(C)](#a-1-C)) who is directly engaged in the delivery of health [services](/usc/42/201.md?p=a) in a [health professional shortage area](/usc/42/254e.md?p=a-1) as follows:
    - (A) During the first 36 months in which such a member is so engaged in the delivery of health [services](/usc/42/201.md?p=a), his monthly pay may be increased by an amount which when added to the member’s monthly pay and allowances will provide a monthly [income](/usc/42/292s.md?p=c-4) competitive with the average monthly [income](/usc/42/292s.md?p=c-4) from a practice of an individual who is a member of the profession of the [Corps member](#a-3-B), who has equivalent [training](/usc/42/285e–2.md?p=b-2), and who has been in practice for a period equivalent to the period during which the [Corps member](#a-3-B) has been in practice.
    - (B) During the period beginning upon the expiration of the 36 months referred to in [subparagraph (A)](#d-1-A) and ending with the month in which the member’s monthly pay and allowances are equal to or exceed the monthly [income](/usc/42/292s.md?p=c-4) he received for the last of such 36 months, the member may receive in addition to his monthly pay and allowances an amount which when added to such monthly pay and allowances equals the monthly [income](/usc/42/292s.md?p=c-4) he received for such last month.
    - (C) For each month in which a member is directly engaged in the delivery of health [services](/usc/42/201.md?p=a) in a [health professional shortage area](/usc/42/254e.md?p=a-1) in accordance with an [agreement](/usc/42/1320b–8.md?p=a-3-A) with the [Secretary](/usc/42/201.md?p=c) entered into under [section 294n(f)(1)(C)](/usc/42/294n.md)[^2] of this title, under which the [Secretary](/usc/42/201.md?p=c) is obligated to make payments in accordance with [section 294n(f)(2)](/usc/42/294n.md)[^2] of this title, the amount of any monthly increase under subparagraph [(A)](#d-1-A) or [(B)](#d-1-B) with respect to such member shall be decreased by an amount equal to one-twelfth of the amount which the [Secretary](/usc/42/201.md?p=c) is obligated to pay upon the completion of the year of practice in which such month occurs.

    For purposes of subparagraphs [(A)](#d-1-A) and [(B)](#d-1-B), the term “monthly pay” includes special pay received under [chapter 5](/usc/37/ch5.md) of title 37.

  - (2) In the case of a member of the [Corps](#a-3-A) who is directly engaged in the delivery of health [services](/usc/42/201.md?p=a) in a [health professional shortage area](/usc/42/254e.md?p=a-1) in accordance with a [service](/usc/42/201.md?p=a) obligation incurred under the [Scholarship Program](#j-3) or the [Loan Repayment Program](#j-2), the adjustment in pay authorized by [paragraph (1)](#d-1) may be made for such a member only upon satisfactory completion of such [service](/usc/42/201.md?p=a) obligation, and the first 36 months of such member’s being so engaged in the delivery of health [services](/usc/42/201.md?p=a) shall, for purposes of [paragraph (1)(A)](#d-1-A), be deemed to begin upon such satisfactory completion.
  - (3) A member of the [Corps](#a-3-A) described in [subparagraph (C)](#a-1-C) of subsection (a)(1) shall when assigned to an entity under [section 254f of this title](/usc/42/254f.md) be subject to the personnel system of such entity, except that such member shall receive during the period of assignment the [income](/usc/42/292s.md?p=c-4) that the member would receive if the member was a member of the [Corps](#a-3-A) described in [subparagraph (B)](#a-1-B) of such subsection.
- (e) **Employment ceiling of Department not affected by Corps members—** [Corps members](#a-3-B) assigned under [section 254f of this title](/usc/42/254f.md) to provide health [services](/usc/42/201.md?p=a) in [health professional shortage areas](/usc/42/254e.md?p=a-1) shall not be counted against any employment ceiling affecting the [Department](#j-1).
- (f) **Assignment of personnel provisions inapplicable to members whose service obligation incurred under Scholarship Program or Loan Repayment Program—** Sections [215](/usc/42/215.md) and [217](/usc/42/217.md) of this title shall not apply to members of the National Health [Service](/usc/42/201.md?p=a) [Corps](#a-3-A) during their period of obligated [service](/usc/42/201.md?p=a) under the [Scholarship Program](#j-3) or the [Loan Repayment Program](#j-2), except when such members are Commissioned [Corps](#a-3-A) officers who entered into a contract with[^3] [Secretary](/usc/42/201.md?p=c) under section [254l](/usc/42/254l.md) or [254l–1](/usc/42/254l–1.md) of this title after December 31, 2006 and when the [Secretary](/usc/42/201.md?p=c) determines that exercising the authority provided under section [215](/usc/42/215.md) or [217](/usc/42/217.md) of this title with respect to any such officer to[^4] would not [cause](/usc/42/9908.md?p=c-2) unreasonable disruption to health care [services](/usc/42/201.md?p=a) provided in the community in which such officer is providing health care [services](/usc/42/201.md?p=a).
- (g) **Conversion from Corps member to commissioned officer; retirement credits—**
  - (1) The [Secretary](/usc/42/201.md?p=c) shall, by rule, prescribe conversion provisions applicable to any individual who, within a year after completion of [service](/usc/42/201.md?p=a) as a member of the [Corps](#a-3-A) described in [subsection (a)(1)(C)](#a-1-C), becomes a commissioned officer in the Regular or Reserve [Corps](#a-3-A)[^1] of the [Service](/usc/42/201.md?p=a).
  - (2) The rules prescribed under [paragraph (1)](#g-1) shall provide that in applying the appropriate provisions of this chapter which relate to retirement, any individual who becomes such an officer shall be entitled to have credit for any period of [service](/usc/42/201.md?p=a) as a member of the [Corps](#a-3-A) described in [subsection (a)(1)(C)](#a-1-C).
- (h) **Effective administration of program—** The [Secretary](/usc/42/201.md?p=c) shall ensure that adequate staff is provided to the [Service](/usc/42/201.md?p=a) with respect to effectively administering the [program](/usc/42/274l–1.md?p=4) for the [Corps](#a-3-A).
- (i) **Demonstration projects; waivers—**
  - (1) In carrying out subpart III, the [Secretary](/usc/42/201.md?p=c) may, in accordance with this subsection, issue waivers to individuals who have entered into a contract for obligated [service](/usc/42/201.md?p=a) under the [Scholarship Program](#j-3) or the [Loan Repayment Program](#j-2) under which the individuals are authorized to satisfy the requirement of obligated [service](/usc/42/201.md?p=a) through providing clinical practice that is [half time](#j-6).
  - (2) A waiver described in [paragraph (1)](#i-1) may be provided by the [Secretary](/usc/42/201.md?p=c) only if—
    - (A) the entity for which the [service](/usc/42/201.md?p=a) is to be performed—
      - (i) has been approved under [section 254f–1 of this title](/usc/42/254f–1.md) for assignment of a [Corps member](#a-3-B); and
      - (ii) has requested in writing assignment of a health professional who would serve [half time](#j-6);
    - (B) the [Secretary](/usc/42/201.md?p=c) has determined that assignment of a health professional who would serve [half time](#j-6) would be appropriate for the area where the entity is located;
    - (C) a [Corps member](#a-3-B) who is required to perform obligated [service](/usc/42/201.md?p=a) has agreed in writing to be assigned for [half-time](#j-6) [service](/usc/42/201.md?p=a) to an entity described in [subparagraph (A)](#i-2-A);
    - (D) the entity and the [Corps member](#a-3-B) agree in writing that the [Corps member](#a-3-B) will perform [half-time](#j-6) clinical practice;
    - (E) the [Corps member](#a-3-B) agrees in writing to fulfill all of the [service](/usc/42/201.md?p=a) obligations under [section 254m of this title](/usc/42/254m.md) through [half-time](#j-6) clinical practice and either—
      - (i) double the period of obligated [service](/usc/42/201.md?p=a) that would otherwise be required; or
      - (ii) in the case of contracts entered into under [section 254l–1](/usc/42/254l–1.md) of this title, accept a minimum [service](/usc/42/201.md?p=a) obligation of 2 years with an award amount equal to 50 percent of the amount that would otherwise be payable for [full-time](#j-5) [service](/usc/42/201.md?p=a); and
    - (F) the [Corps member](#a-3-B) agrees in writing that if the [Corps member](#a-3-B) begins providing [half-time](#j-6) [service](/usc/42/201.md?p=a) but fails to begin or complete the period of obligated [service](/usc/42/201.md?p=a), the method stated in [254o(c)](/usc/42/254o.md?p=c) of this title for determining the [damages](/usc/42/9601.md?p=6) for breach of the individual’s written contract will be used after converting periods of obligated [service](/usc/42/201.md?p=a) or of [service](/usc/42/201.md?p=a) performed into their [full-time](#j-5) equivalents.
  - (3) In evaluating waivers issued under [paragraph (1)](#i-1), the [Secretary](/usc/42/201.md?p=c) shall examine the effect of multidisciplinary teams.
- (j) **Definitions—** For the purposes of this subpart and subpart III:
  - (1) The term “Department” means the Department of Health and Human [Services](/usc/42/201.md?p=a).
  - (2) The term “Loan Repayment Program” means the National Health [Service](/usc/42/201.md?p=a) [Corps](#a-3-A) Loan Repayment Program established under [section 254l–1](/usc/42/254l–1.md) of this title.
  - (3) The term “Scholarship Program” means the National Health [Service](/usc/42/201.md?p=a) [Corps](#a-3-A) Scholarship Program established under [section 254l](/usc/42/254l.md) of this title.
  - (4) The term “State” includes, in addition to the several States, only the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, and the [Trust](/usc/42/12854.md?p=6) Territory of the Pacific Islands.
  - (5) The terms “full time” and “full-time” mean a minimum of 40 hours per week in a clinical practice, for a minimum of 45 weeks per year.
  - (6) The terms “half time” and “half-time” mean a minimum of 20 hours per week (not to exceed 39 hours per week) in a clinical practice, for a minimum of 45 weeks per year.

# §254e. Health professional shortage areas

- (a) **Designation by Secretary; removal from areas designated; “medical facility” defined—**
  - (1) For purposes of this subpart the term “health professional shortage area” means (A) an area in an urban or rural area (which need not conform to the geographic boundaries of a political subdivision and which is a rational area for the delivery of health [services](/usc/42/201.md?p=a)) which the [Secretary](/usc/42/201.md?p=c) determines has a health manpower shortage and which is not reasonably accessible to an adequately served area, (B) a population group which the [Secretary](/usc/42/201.md?p=c) determines has such a shortage, or (C) a public or nonprofit private [medical facility](#a-2) or other public [facility](/usc/42/11049.md?p=4) which the [Secretary](/usc/42/201.md?p=c) determines has such a shortage. All [Federally qualified health centers](/usc/42/254c.md?p=b-2) and [rural health clinics](/usc/42/254c.md?p=b-2), as defined in section 1861(aa) of the Social Security Act ([42 U.S.C. 1395x(aa)](/usc/42/1395x.md?p=aa)), that meet the requirements of [section 254g of this title](/usc/42/254g.md) shall be automatically designated as having such a shortage. The [Secretary](/usc/42/201.md?p=c) shall not [remove](/usc/42/9601.md?p=23) an area from the areas determined to be health professional shortage areas under subparagraph (A) of the preceding sentence until the [Secretary](/usc/42/201.md?p=c) has afforded interested [persons](/usc/42/1320a–7k.md?p=d-4-C-i) and groups in such area an opportunity to provide data and information in support of the designation as a health professional shortage area or a population group described in subparagraph (B) of such sentence or a [facility](/usc/42/11049.md?p=4) described in subparagraph (C) of such sentence, and has made a determination on the basis of the data and information submitted by such [persons](/usc/42/1320a–7k.md?p=d-4-C-i) and groups and other data and information available to the [Secretary](/usc/42/201.md?p=c).
  - (2) For purposes of this subsection, the term “medical facility” means a [facility](/usc/42/11049.md?p=4) for the delivery of health [services](/usc/42/201.md?p=a) and includes—
    - (A) a [hospital](/usc/42/1395dd.md?p=e-5), [State](/usc/42/254d.md?p=j-4) mental [hospital](/usc/42/1395dd.md?p=e-5), public health center, outpatient [medical facility](#a-2), rehabilitation [facility](/usc/42/11049.md?p=4), [facility](/usc/42/11049.md?p=4) for long-term care, community mental health center, [migrant health center](/usc/42/1786.md?p=j-4-B), [facility](/usc/42/11049.md?p=4) operated by a [city](/usc/42/12902.md?p=11) or county health [department](/usc/42/254d.md?p=j-1), and [community health center](/usc/42/1786.md?p=j-4-A);
    - (B) such a [facility](/usc/42/11049.md?p=4) of a [State](/usc/42/254d.md?p=j-4) correctional institution or of the [Indian](/usc/42/6862.md?p=6) Health [Service](/usc/42/201.md?p=a), and a health [program](/usc/42/274l–1.md?p=4) or [facility](/usc/42/11049.md?p=4) operated by a tribe or [tribal organization](/usc/42/629a.md?p=a-6) under the [Indian](/usc/42/6862.md?p=6) Self-Determination Act [[25 U.S.C. 5321](/usc/25/5321.md) et seq.];
    - (C) such a [facility](/usc/42/11049.md?p=4) used in connection with the delivery of health [services](/usc/42/201.md?p=a) under [section 248 of this title](/usc/42/248.md) (relating to [hospitals](/usc/42/1395dd.md?p=e-5)), [249](/usc/42/249.md) of this title (relating to care and [treatment](/usc/42/11851.md?p=11) of [persons](/usc/42/1320a–7k.md?p=d-4-C-i) under quarantine and others), [250](/usc/42/250.md) of this title (relating to care and [treatment](/usc/42/11851.md?p=11) of Federal prisoners), [251](/usc/42/251.md) of this title (relating to examination and [treatment](/usc/42/11851.md?p=11) of certain Federal [employees](/usc/42/300gg–91.md?p=d-5)), [252](/usc/42/252.md) of this title (relating to examination of aliens), [253](/usc/42/253.md) of this title (relating to [services](/usc/42/201.md?p=a) to certain Federal [employees](/usc/42/300gg–91.md?p=d-5)), [247e](/usc/42/247e.md) of this title (relating to [services](/usc/42/201.md?p=a) for [persons](/usc/42/1320a–7k.md?p=d-4-C-i) with Hansen’s disease), or [254b(h)](/usc/42/254b.md?p=h) of this title (relating to the provision of health [services](/usc/42/201.md?p=a) to [homeless individuals](/usc/42/290cc–34.md?p=2)); and
    - (D) a Federal [medical facility](#a-2).
  - (3) [Homeless individuals](/usc/42/290cc–34.md?p=2) (as defined in [section 254b(h)(5) of this title](/usc/42/254b.md?p=h-5)), seasonal agricultural workers (as defined in [section 254b(g)(3) of this title](/usc/42/254b.md?p=g-3)) and migratory agricultural workers (as so defined)), and residents of [public housing](/usc/42/4851b.md?p=21) (as defined in [section 1437a(b)(1) of this title](/usc/42/1437a.md?p=b-1)) may be population groups under [paragraph (1)](#a-1).
- (b) **Criteria for designation of health professional shortage areas; promulgation of regulations—** The [Secretary](/usc/42/201.md?p=c) shall establish by regulation criteria for the designation of areas, population groups, medical facilities, and other public [facilities](/usc/42/11049.md?p=4), in the [States](/usc/42/254d.md?p=j-4), as [health professional shortage areas](#a-1). In establishing such criteria, the [Secretary](/usc/42/201.md?p=c) shall take into consideration the following:
  - (1) The ratio of available health manpower to the number of individuals in an area or population group, or served by a medical facility or other public [facility](/usc/42/11049.md?p=4) under consideration for designation.
  - (2) Indicators of a need, notwithstanding the supply of health manpower, for health [services](/usc/42/201.md?p=a) for the individuals in an area or population group or served by a medical facility or other public [facility](/usc/42/11049.md?p=4) under consideration for designation.
  - (3) The percentage of [physicians](/usc/42/1395cc–4.md?p=a-2-E) serving an area, population group, medical facility, or other public [facility](/usc/42/11049.md?p=4) under consideration for designation who are employed by [hospitals](/usc/42/1395dd.md?p=e-5) and who are graduates of foreign medical [schools](/usc/42/6372.md?p=1).
- (c) **Considerations in determination of designation—** In determining whether to make a designation, the [Secretary](/usc/42/201.md?p=c) shall take into consideration the following:
  - (1) The recommendations of the [Governor](/usc/42/6372.md?p=1) of each [State](/usc/42/254d.md?p=j-4) in which the area, population group, medical facility, or other public [facility](/usc/42/11049.md?p=4) under consideration for designation is in whole or part located.
  - (2) The extent to which individuals who are (A) residents of the area, members of the population group, or patients in the medical facility or other public [facility](/usc/42/11049.md?p=4) under consideration for designation, and (B) entitled to have payment made for medical [services](/usc/42/201.md?p=a) under title XVIII, XIX, or XXI of the Social Security Act [[42 U.S.C. 1395](/usc/42/1395.md) et seq., 1396 et seq., 1397aa et seq.], cannot obtain such [services](/usc/42/201.md?p=a) because of suspension of [physicians](/usc/42/1395cc–4.md?p=a-2-E) from the [programs](/usc/42/274l–1.md?p=4) under such titles.
- (d) **Designation; publication of descriptive lists—**
  - (1) In accordance with the criteria established under [subsection (b)](#b) and the considerations listed in [subsection (c)](#c), the [Secretary](/usc/42/201.md?p=c) shall designate [health professional shortage areas](#a-1) in the [States](/usc/42/254d.md?p=j-4), publish a descriptive list of the areas, population groups, medical facilities, and other public [facilities](/usc/42/11049.md?p=4) so designated, and at least annually review and, as necessary, revise such designations.
  - (2) For purposes of [paragraph (1)](#d-1), a complete descriptive list shall be published in the Federal Register not later than July 1 of 1991 and each subsequent year.
- (e) **Notice of proposed designation of areas and facilities; time for comment—**
  - (1) Prior to the designation of a public [facility](/usc/42/11049.md?p=4), including a Federal medical facility, as a [health professional shortage area](#a-1), the [Secretary](/usc/42/201.md?p=c) shall give written notice of such proposed designation to the chief administrative officer of such [facility](/usc/42/11049.md?p=4) and request comments within 30 days with respect to such designation.
  - (2) Prior to the designation of a [health professional shortage area](#a-1) under this section, the [Secretary](/usc/42/201.md?p=c) shall, to the extent practicable, give written notice of the proposed designation of such area to appropriate public or private nonprofit entities which are located or have a demonstrated interest in such area and request comments from such entities with respect to the proposed designation of such area.
- (f) **Notice of designation—** The [Secretary](/usc/42/201.md?p=c) shall give written notice of the designation of a [health professional shortage area](#a-1), not later than 60 days from the date of such designation, to—
  - (1) the [Governor](/usc/42/6372.md?p=1) of each [State](/usc/42/254d.md?p=j-4) in which the area, population group, medical facility, or other public [facility](/usc/42/11049.md?p=4) so designated is in whole or part located; and
  - (2) appropriate public or nonprofit [private entities](/usc/42/12181.md?p=6) which are located or which have a demonstrated interest in the area so designated.
- (g) **Recommendations to Secretary—** Any [person](/usc/42/1320a–7k.md?p=d-4-C-i) may recommend to the [Secretary](/usc/42/201.md?p=c) the designation of an area, population group, medical facility, or other public [facility](/usc/42/11049.md?p=4) as a [health professional shortage area](#a-1).
- (h) **Public information programs in designated areas—** The [Secretary](/usc/42/201.md?p=c) may conduct such information [programs](/usc/42/274l–1.md?p=4) in areas, among population groups, and in medical facilities and other public [facilities](/usc/42/11049.md?p=4) designated under this section as [health professional shortage areas](#a-1) as may be necessary to inform public and nonprofit [private entities](/usc/42/12181.md?p=6) 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.
- (i) **Dissemination—** The [Administrator](/usc/42/4005.md?p=1) of the Health Resources and [Services](/usc/42/201.md?p=a) Administration shall disseminate information concerning the designation criteria described in [subsection (b)](#b) to—
  - (1) the [Governor](/usc/42/6372.md?p=1) of each [State](/usc/42/254d.md?p=j-4);
  - (2) the [representative](/usc/42/3058f.md?p=5) of any area, population group, or [facility](/usc/42/11049.md?p=4) selected by any such [Governor](/usc/42/6372.md?p=1) to receive such information;
  - (3) the [representative](/usc/42/3058f.md?p=5) of any area, population group, or [facility](/usc/42/11049.md?p=4) that requests such information; and
  - (4) the [representative](/usc/42/3058f.md?p=5) of any area, population group, or [facility](/usc/42/11049.md?p=4) determined by the [Administrator](/usc/42/4005.md?p=1) to be likely to meet the criteria described in [subsection (b)](#b).
- (j) **Regulations and report—**
  - (1) The [Secretary](/usc/42/201.md?p=c) shall submit the report described in [paragraph (2)](#j-2) if the [Secretary](/usc/42/201.md?p=c), acting through the [Administrator](/usc/42/4005.md?p=1) of the Health Resources and [Services](/usc/42/201.md?p=a) Administration, issues—
    - (A) a regulation that revises the definition of a [health professional shortage area](#a-1) for purposes of this section; or
    - (B) a regulation that revises the [standards](/usc/42/1320d.md?p=7) concerning priority of such an area under [section 254f–1 of this title](/usc/42/254f–1.md).
  - (2) On issuing a regulation described in [paragraph (1)](#j-1), the [Secretary](/usc/42/201.md?p=c) shall prepare and submit to the Committee on [Energy](/usc/42/6311.md?p=7) and [Commerce](/usc/42/6311.md?p=7) of the House of [Representatives](/usc/42/3058f.md?p=5) and the Committee on Health, Education, Labor, and Pensions of the Senate a report that describes the regulation.
  - (3) Each regulation described in [paragraph (1)](#j-1) shall take effect 180 days after the committees described in [paragraph (2)](#j-2) receive a report referred to in such paragraph describing the regulation.
- (k) **Maternity care health professional target areas—**
  - (1) The [Secretary](/usc/42/201.md?p=c), acting through the [Administrator](/usc/42/4005.md?p=1) of the Health Resources and [Services](/usc/42/201.md?p=a) Administration, shall identify, based on the data collected under [paragraph (3)](#k-3), [maternity care health professional target areas](/usc/42/254c–1b.md?p=c-4) that satisfy the criteria described in [paragraph (2)](#k-2) for purposes of, in connection with receipt of assistance under this subchapter, assigning to such identified areas maternity care health professionals who, without application of this subsection, would otherwise be eligible for such assistance. The [Secretary](/usc/42/201.md?p=c) shall distribute maternity care health professionals within [health professional shortage areas](#a-1) using the [maternity care health professional target areas](/usc/42/254c–1b.md?p=c-4) so identified.
  - (2) For purposes of [paragraph (1)](#k-1), the [Secretary](/usc/42/201.md?p=c) shall establish criteria for [maternity care health professional target areas](/usc/42/254c–1b.md?p=c-4) that identify [geographic areas](/usc/42/11360.md?p=9) within [health professional shortage areas](#a-1) that have a shortage of maternity care health professionals.
  - (3) For purposes of this subsection, the [Secretary](/usc/42/201.md?p=c) shall collect and publish in the Federal Register data comparing the availability and need of maternity care health [services](/usc/42/201.md?p=a) in [health professional shortage areas](#a-1) and in areas within such [health professional shortage areas](#a-1).
  - (4) In carrying out [paragraph (1)](#k-1), the [Secretary](/usc/42/201.md?p=c) shall seek input from relevant provider organizations, including medical societies, organizations representing medical facilities, and other organizations with expertise in maternity care.
  - (5) For purposes of this subsection, the term ‘full scope maternity care health services’ includes during labor care, birthing, prenatal care, and postpartum care.
  - (6) Nothing in this subsection shall be construed as—
    - (A) requiring the identification of a [maternity care health professional target area](/usc/42/254c–1b.md?p=c-4) in an area not otherwise already designated as a [health professional shortage area](#a-1); or
    - (B) affecting the types of health professionals, without application of this subsection, otherwise eligible for assistance, including a loan repayment or scholarship, pursuant to the application of this section.

# §254f. Corps personnel

- (a) **Conditions necessary for assignment of Corps personnel to area; contents of application for assignment; assignment to particular facility; approval of applications—**
  - (1) The [Secretary](/usc/42/201.md?p=c) may assign members of the [Corps](/usc/42/254d.md?p=a-3-A) to provide, under [regulations](/usc/42/201.md?p=d) promulgated by the [Secretary](/usc/42/201.md?p=c), health [services](/usc/42/201.md?p=a) in or to a [health professional shortage area](/usc/42/254e.md?p=a-1) during the assignment period only if—
    - (A) a public or [private entity](/usc/42/12181.md?p=6), which is located or has a demonstrated interest in such area makes application to the [Secretary](/usc/42/201.md?p=c) for such assignment;
    - (B) such application has been approved by the [Secretary](/usc/42/201.md?p=c);
    - (C) the entity agrees to comply with the requirements of [section 254g of this title](/usc/42/254g.md); and
    - (D) the [Secretary](/usc/42/201.md?p=c) has (i) conducted an evaluation of the need and demand for health manpower for the area, the intended use of [Corps members](/usc/42/254d.md?p=a-3-B) to be assigned to the area, community support for the assignment of [Corps members](/usc/42/254d.md?p=a-3-B) to the area, the area’s efforts to secure health manpower for the area, and the fiscal management capability of the entity to which [Corps members](/usc/42/254d.md?p=a-3-B) would be assigned and (ii) on the basis of such evaluation has determined that—
      - (I) there is a need and demand for health manpower for the area;
      - (II) there has been appropriate and efficient use of any [Corps members](/usc/42/254d.md?p=a-3-B) assigned to the entity for the area;
      - (III) there is general community support for the assignment of [Corps members](/usc/42/254d.md?p=a-3-B) to the entity;
      - (IV) the area has made unsuccessful efforts to secure health manpower for the area;
      - (V) there is a reasonable prospect of sound fiscal management, including efficient collection of fee-for-[service](/usc/42/201.md?p=a), third-party, and other appropriate [funds](/usc/42/12854.md?p=3), by the entity with respect to [Corps members](/usc/42/254d.md?p=a-3-B) assigned to such entity; and
      - (VI) the entity demonstrates willingness to support or facilitate mentorship, professional development, and [training](/usc/42/285e–2.md?p=b-2) opportunities for [Corps members](/usc/42/254d.md?p=a-3-B).

    An application for assignment of a [Corps member](/usc/42/254d.md?p=a-3-B) to a [health professional shortage area](/usc/42/254e.md?p=a-1) shall include a demonstration by the applicant that the area or population group to be served by the applicant has a shortage of personal health [services](/usc/42/201.md?p=a) and that the [Corps member](/usc/42/254d.md?p=a-3-B) will be located so that the member will provide [services](/usc/42/201.md?p=a) to the greatest number of [persons](/usc/42/1320a–7k.md?p=d-4-C-i) residing in such area or included in such population group. Such a demonstration shall be made on the basis of the criteria prescribed by the [Secretary](/usc/42/201.md?p=c) under [section 254e(b) of this title](/usc/42/254e.md?p=b) and on additional criteria which the [Secretary](/usc/42/201.md?p=c) shall prescribe to determine if the area or population group to be served by the applicant has a shortage of personal health [services](/usc/42/201.md?p=a).

  - (2) [Corps members](/usc/42/254d.md?p=a-3-B) may be assigned to a Federal health care [facility](/usc/42/11049.md?p=4), but only upon the request of the head of the [department](/usc/42/254d.md?p=j-1) or agency of which such [facility](/usc/42/11049.md?p=4) is a part.
  - (3) In approving applications for assignment of members of the [Corps](/usc/42/254d.md?p=a-3-A) the [Secretary](/usc/42/201.md?p=c) shall not discriminate against applications from entities which are not receiving Federal financial assistance under this chapter. In approving such applications, the [Secretary](/usc/42/201.md?p=c) shall give preference to applications in which a nonprofit entity or public entity shall provide a site to which [Corps members](/usc/42/254d.md?p=a-3-B) may be assigned.
- (b) **Corps member income assurances; grants respecting sufficiency of financial resources—**
  - (1) The [Secretary](/usc/42/201.md?p=c) may not approve an application for the assignment of a member of the [Corps](/usc/42/254d.md?p=a-3-A) described in subparagraph (C) of [section 254d(a)(1) of this title](/usc/42/254d.md?p=a-1) to an entity unless the application of the entity contains assurances satisfactory to the [Secretary](/usc/42/201.md?p=c) that the entity (A) has sufficient financial resources to provide the member of the [Corps](/usc/42/254d.md?p=a-3-A) with an [income](/usc/42/292s.md?p=c-4) of not less than the [income](/usc/42/292s.md?p=c-4) to which the member would be entitled if the member was a member described in subparagraph (B) of [section 254d(a)(1) of this title](/usc/42/254d.md?p=a-1), or (B) would have such financial resources if a grant was made to the entity under [paragraph (2)](#b-2).
  - (2)
    - (A) If in approving an application of an entity for the assignment of a member of the [Corps](/usc/42/254d.md?p=a-3-A) described in subparagraph (C) of [section 254d(a)(1) of this title](/usc/42/254d.md?p=a-1) the [Secretary](/usc/42/201.md?p=c) determines that the entity does not have sufficient financial resources to provide the member of the [Corps](/usc/42/254d.md?p=a-3-A) with an [income](/usc/42/292s.md?p=c-4) of not less than the [income](/usc/42/292s.md?p=c-4) to which the member would be entitled if the member was a member described in subparagraph (B) of [section 254d(a)(1) of this title](/usc/42/254d.md?p=a-1), the [Secretary](/usc/42/201.md?p=c) may make a grant to the entity to assure that the member of the [Corps](/usc/42/254d.md?p=a-3-A) assigned to it will receive during the period of assignment to the entity such an [income](/usc/42/292s.md?p=c-4).
    - (B) The amount of any grant under [subparagraph (A)](#b-2-A) shall be determined by the [Secretary](/usc/42/201.md?p=c). Payments under such a grant may be made in advance or by way of reimbursement, and at such intervals and on such conditions, as the [Secretary](/usc/42/201.md?p=c) finds necessary. No grant may be made unless an application therefor is submitted to and approved by the [Secretary](/usc/42/201.md?p=c). Such an application shall be in such form, submitted in such manner, and contain such information, as the [Secretary](/usc/42/201.md?p=c) shall by regulation prescribe.
- (c) **Assignment of members without regard to ability of area to pay for services—** The [Secretary](/usc/42/201.md?p=c) shall assign [Corps members](/usc/42/254d.md?p=a-3-B) to entities in [health professional shortage areas](/usc/42/254e.md?p=a-1) without regard to the ability of the individuals in such areas, population groups, medical [facilities](/usc/42/11049.md?p=4), or other public [facilities](/usc/42/11049.md?p=4) to pay for such [services](/usc/42/201.md?p=a).
- (d) **Entities entitled to aid; forms of assistance; coordination of efforts; agreements for assignment of Corps members; qualified entity—**
  - (1) The [Secretary](/usc/42/201.md?p=c) may provide technical assistance to a public or [private entity](/usc/42/12181.md?p=6) which is located in a [health professional shortage area](/usc/42/254e.md?p=a-1) and which desires to make an application under this section for assignment of a [Corps member](/usc/42/254d.md?p=a-3-B) to such area. Assistance provided under this paragraph may include assistance to an entity in (A) analyzing the potential use of health professions personnel in defined health [services](/usc/42/201.md?p=a) delivery areas by the residents of such areas, (B) determining the need for such personnel in such areas, (C) determining the extent to which such areas will have a financial base to support the practice of such personnel and the extent to which additional financial resources are needed to adequately support the practice, (D) determining the types of inpatient and other health [services](/usc/42/201.md?p=a) that should be provided by such personnel in such areas, and (E) developing long-term plans for addressing health professional shortages and improving access to health care. The [Secretary](/usc/42/201.md?p=c) shall encourage entities that receive technical assistance under this paragraph to communicate with other communities, [State](/usc/42/254d.md?p=j-4) [Offices](/usc/42/3058f.md?p=1) of Rural Health, [State](/usc/42/254d.md?p=j-4) Primary Care Associations and [Offices](/usc/42/3058f.md?p=1), and other entities concerned with site development and community needs assessment.
  - (2) The [Secretary](/usc/42/201.md?p=c) may provide, to public and [private entities](/usc/42/12181.md?p=6) which are located in a [health professional shortage area](/usc/42/254e.md?p=a-1) to which area a [Corps member](/usc/42/254d.md?p=a-3-B) has been assigned, technical assistance to assist in the retention of such member in such area after the completion of such member’s assignment to the area.
  - (3) The [Secretary](/usc/42/201.md?p=c) may provide, to [health professional shortage areas](/usc/42/254e.md?p=a-1) to which no [Corps member](/usc/42/254d.md?p=a-3-B) has been assigned, (A) technical assistance to assist in the recruitment of health manpower for such areas, and (B) current information on public and private [programs](/usc/42/274l–1.md?p=4) which provide assistance in the securing of health manpower.
  - (4)
    - (A) The [Secretary](/usc/42/201.md?p=c) shall undertake to demonstrate the improvements that can be made in the assignment of members of the [Corps](/usc/42/254d.md?p=a-3-A) to [health professional shortage areas](/usc/42/254e.md?p=a-1) and in the delivery of health care by [Corps members](/usc/42/254d.md?p=a-3-B) in such areas through coordination with [States](/usc/42/254d.md?p=j-4), political subdivisions of [States](/usc/42/254d.md?p=j-4), agencies of [States](/usc/42/254d.md?p=j-4) and political subdivisions, and other public and [private entities](/usc/42/12181.md?p=6) which have expertise in the planning, development, and operation of centers for the delivery of primary health care. In carrying out this subparagraph, the [Secretary](/usc/42/201.md?p=c) shall enter into [agreements](/usc/42/1320b–8.md?p=a-3-A) with [qualified entities](#d-4-B) which provide that if—
      - (i) the entity places in effect a [program](/usc/42/274l–1.md?p=4) for the planning, development, and operation of centers for the delivery of primary health care in [health professional shortage areas](/usc/42/254e.md?p=a-1) which reasonably addresses the need for such care in such areas, and
      - (ii) under the [program](/usc/42/274l–1.md?p=4) the entity will perform the functions described in [subparagraph (B)](#d-4-B),

      the [Secretary](/usc/42/201.md?p=c) will assign under this section members of the [Corps](/usc/42/254d.md?p=a-3-A) in accordance with the [program](/usc/42/274l–1.md?p=4).

    - (B) For purposes of [subparagraph (A)](#d-4-A), the term “qualified entity” means a [State](/usc/42/254d.md?p=j-4), political subdivision of a [State](/usc/42/254d.md?p=j-4), an agency of a [State](/usc/42/254d.md?p=j-4) or political subdivision, or other public or [private entity](/usc/42/12181.md?p=6) operating solely within one [State](/usc/42/254d.md?p=j-4), which the [Secretary](/usc/42/201.md?p=c) determines is able—
      - (i) to analyze the potential use of health professions personnel in defined health [services](/usc/42/201.md?p=a) delivery areas by the residents of such areas;
      - (ii) to determine the need for such personnel in such areas and to recruit, select, and retain health professions personnel (including members of the National Health [Service](/usc/42/201.md?p=a) [Corps](/usc/42/254d.md?p=a-3-A)) to meet such need;
      - (iii) to determine the extent to which such areas will have a financial base to support the practice of such personnel and the extent to which additional financial resources are needed to adequately support the practice;
      - (iv) to determine the types of inpatient and other health [services](/usc/42/201.md?p=a) that should be provided by such personnel in such areas;
      - (v) to assist such personnel in the development of their clinical practice and fee schedules and in the management of their practice;
      - (vi) to assist in the planning and development of [facilities](/usc/42/11049.md?p=4) for the delivery of primary health care; and
      - (vii) to assist in establishing the governing bodies of centers for the delivery of such care and to assist such bodies in defining and carrying out their responsibilities.
- (e) **Practice within State by Corps member—** Notwithstanding any other law, any member of the [Corps](/usc/42/254d.md?p=a-3-A) licensed to practice medicine, osteopathic medicine, dentistry, or any other health profession in any [State](/usc/42/254d.md?p=j-4) shall, while serving in the [Corps](/usc/42/254d.md?p=a-3-A), be allowed to practice such profession in any [State](/usc/42/254d.md?p=j-4).

# §254f–1. Priorities in assignment of Corps personnel

- (a) **In general—** In approving applications made under [section 254f of this title](/usc/42/254f.md) for the assignment of [Corps members](/usc/42/254d.md?p=a-3-B), the [Secretary](/usc/42/201.md?p=c) shall—
  - (1) give priority to any such application that—
    - (A) is made regarding the provision of [primary health services](/usc/42/254d.md?p=a-3-D) to a [health professional shortage area](/usc/42/254e.md?p=a-1) with the greatest such shortage; and
    - (B) is made by an entity that—
      - (i) serves a [health professional shortage area](/usc/42/254e.md?p=a-1) described in [subparagraph (A)](#a-1-A);
      - (ii) coordinates the delivery of [primary health services](/usc/42/254d.md?p=a-3-D) with related health and social [services](/usc/42/201.md?p=a);
      - (iii) has a documented record of sound fiscal management; and
      - (iv) will experience a negative impact on its capacity to provide [primary health services](/usc/42/254d.md?p=a-3-D) if a [Corps member](/usc/42/254d.md?p=a-3-B) is not assigned to the entity;
  - (2) with respect to the [geographic area](/usc/42/11360.md?p=9) in which the [health professional shortage area](/usc/42/254e.md?p=a-1) is located, take into consideration the willingness of individuals in the [geographic area](/usc/42/11360.md?p=9), and of the appropriate governmental agencies or health entities in the area, to assist and cooperate with the [Corps](/usc/42/254d.md?p=a-3-A) in providing effective [primary health services](/usc/42/254d.md?p=a-3-D); and
  - (3) take into consideration comments of medical, osteopathic, dental, or other health professional societies whose members deliver [services](/usc/42/201.md?p=a) to the [health professional shortage area](/usc/42/254e.md?p=a-1), or if no such societies exist, comments of [physicians](/usc/42/1395cc–4.md?p=a-2-E), dentists, or other health professionals delivering [services](/usc/42/201.md?p=a) to the area.
- (b) **Establishment of criteria for determining priorities—**
  - (1) **In general—** The [Secretary](/usc/42/201.md?p=c) shall establish criteria specifying the manner in which the [Secretary](/usc/42/201.md?p=c) makes a determination under [subsection (a)(1)(A)](#a-1-A) of the [health professional shortage areas](/usc/42/254e.md?p=a-1) with the greatest such shortages.
  - (2) **Publication of criteria—** The criteria required in [paragraph (1)](#b-1) shall be published in the Federal Register not later than July 1, 1991. Any revisions made in the criteria by the [Secretary](/usc/42/201.md?p=c) shall be effective upon publication in the Federal Register.
- (c) **Notifications regarding priorities—**
  - (1) **Proposed list—** The [Secretary](/usc/42/201.md?p=c) shall prepare and publish a proposed list of [health professional shortage areas](/usc/42/254e.md?p=a-1) and entities that would receive priority under [subsection (a)(1)](#a-1) in the assignment of [Corps members](/usc/42/254d.md?p=a-3-B). The list shall contain the information described in [paragraph (2)](#c-2), and the relative scores and relative priorities of the entities submitting applications under [section 254f of this title](/usc/42/254f.md), in a proposed format. All such entities shall have 30 days after the date of publication of the list to provide additional data and information in support of inclusion on the list or in support of a higher priority determination and the [Secretary](/usc/42/201.md?p=c) shall reasonably consider such data and information in preparing the final list under [paragraph (2)](#c-2).
  - (2) **Preparation of list for applicable period—** For the purpose of carrying out [paragraph (3)](#c-3), the [Secretary](/usc/42/201.md?p=c) shall prepare and, as appropriate, update a list of [health professional shortage areas](/usc/42/254e.md?p=a-1) and entities that are receiving priority under [subsection (a)(1)](#a-1) in the assignment of [Corps members](/usc/42/254d.md?p=a-3-B). Such list—
    - (A) shall include a specification, for each such [health professional shortage area](/usc/42/254e.md?p=a-1), of the entities for which the [Secretary](/usc/42/201.md?p=c) has provided an [authorization](/usc/42/4370m.md?p=3) to receive assignments of [Corps members](/usc/42/254d.md?p=a-3-B) in the event that [Corps members](/usc/42/254d.md?p=a-3-B) are available for the assignments; and
    - (B) shall, of the entities for which an [authorization](/usc/42/4370m.md?p=3) described in [subparagraph (A)](#c-2-A) has been provided, specify—
      - (i) the entities provided such an [authorization](/usc/42/4370m.md?p=3) for the assignment of [Corps members](/usc/42/254d.md?p=a-3-B) who are participating in the [Scholarship Program](/usc/42/254d.md?p=j-3);
      - (ii) the entities provided such an [authorization](/usc/42/4370m.md?p=3) for the assignment of [Corps members](/usc/42/254d.md?p=a-3-B) who are participating in the [Loan Repayment Program](/usc/42/254d.md?p=j-2); and
      - (iii) the entities provided such an [authorization](/usc/42/4370m.md?p=3) for the assignment of [Corps members](/usc/42/254d.md?p=a-3-B) who have become [Corps members](/usc/42/254d.md?p=a-3-B) other than pursuant to contractual obligations under the Scholarship or [Loan Repayment Programs](/usc/42/254d.md?p=j-2).

      The [Secretary](/usc/42/201.md?p=c) may set forth such specifications by medical specialty.

  - (3) **Notification of affected parties—**
    - (A) **Entities—** Not later than 30 days after the [Secretary](/usc/42/201.md?p=c) has added to a list under [paragraph (2)](#c-2) an entity specified as described in [subparagraph (A)](#c-3-A) of such paragraph, the [Secretary](/usc/42/201.md?p=c) shall notify such entity that the entity has been provided an [authorization](/usc/42/4370m.md?p=3) to receive assignments of [Corps members](/usc/42/254d.md?p=a-3-B) in the event that [Corps members](/usc/42/254d.md?p=a-3-B) are available for the assignments.
    - (B) **Individuals—** In the case of an individual obligated to provide [service](/usc/42/201.md?p=a) under the [Scholarship Program](/usc/42/254d.md?p=j-3), not later than 3 months before the date described in [section 254m(b)(5) of this title](/usc/42/254m.md?p=b-5), the [Secretary](/usc/42/201.md?p=c) shall provide to such individual the names of each of the entities specified as described in [paragraph (2)(B)(i)](#c-2-B-i) that is appropriate for the individual’s medical specialty and discipline.
  - (4) **Revisions—** If the [Secretary](/usc/42/201.md?p=c) proposes to make a revision in the list under [paragraph (2)](#c-2), and the revision would adversely alter the status of an entity with respect to the list, the [Secretary](/usc/42/201.md?p=c) shall notify the entity of the revision. Any entity adversely affected by such a revision shall be notified in writing by the [Secretary](/usc/42/201.md?p=c) of the reasons for the revision and shall have 30 days from such notification to file a written appeal of the determination involved which shall be reasonably considered by the [Secretary](/usc/42/201.md?p=c) before the revision to the list becomes final. The revision to the list shall be effective with respect to assignment of [Corps members](/usc/42/254d.md?p=a-3-B) beginning on the date that the revision becomes final.
- (d) **Limitation on number of entities offered as assignment choices in Scholarship Program—**
  - (1) **Determination of available Corps members—** By April 1 of each calendar year, the [Secretary](/usc/42/201.md?p=c) shall determine the number of [participants](/usc/42/300gg–91.md?p=d-11) in the [Scholarship Program](/usc/42/254d.md?p=j-3) who will be available for assignments under [section 254f of this title](/usc/42/254f.md) during the [program](/usc/42/274l–1.md?p=4) year beginning on July 1 of that calendar year.
  - (2) **Determination of number of entities—** At all times during a [program](/usc/42/274l–1.md?p=4) year, the number of entities specified under [subsection (c)(2)(B)(i)](#c-2-B-i) shall be—
    - (A) not less than the number of [participants](/usc/42/300gg–91.md?p=d-11) determined with respect to that [program](/usc/42/274l–1.md?p=4) year under [paragraph (1)](#d-1); and
    - (B) not greater than twice the number of [participants](/usc/42/300gg–91.md?p=d-11) determined with respect to that [program](/usc/42/274l–1.md?p=4) year under [paragraph (1)](#d-1).

# §254g. Charges for services by entities using Corps members

- (a) **Availability of services regardless of ability to pay or payment source—** An entity to which a [Corps member](/usc/42/254d.md?p=a-3-B) is assigned shall not deny requested health care [services](/usc/42/201.md?p=a), and shall not discriminate in the provision of [services](/usc/42/201.md?p=a) to an individual—
  - (1) because the individual is unable to pay for the [services](/usc/42/201.md?p=a); or
  - (2) because payment for the [services](/usc/42/201.md?p=a) would be made under—
    - (A) the medicare [program](/usc/42/274l–1.md?p=4) under title XVIII of the Social Security Act ([42 U.S.C. 1395](/usc/42/1395.md) et seq.);
    - (B) the medicaid [program](/usc/42/274l–1.md?p=4) under title XIX of such Act ([42 U.S.C. 1396](/usc/42/1396.md) et seq.); or
    - (C) the [State](/usc/42/254d.md?p=j-4) [children](/usc/42/256e.md?p=g-2)’s health insurance [program](/usc/42/274l–1.md?p=4) under title XXI of such Act ([42 U.S.C. 1397aa](/usc/42/1397aa.md) et seq.).
- (b) **Charges for services—** The following rules shall apply to charges for health care [services](/usc/42/201.md?p=a) provided by an entity to which a [Corps member](/usc/42/254d.md?p=a-3-B) is assigned:
  - (1) **In general—**
    - (A) **Schedule of fees or payments—** Except as provided in [paragraph (2)](#b-2), the entity shall prepare a schedule of fees or payments for the entity’s [services](/usc/42/201.md?p=a), consistent with locally prevailing rates or charges and designed to cover the entity’s reasonable cost of operation.
    - (B) **Schedule of discounts—** Except as provided in [paragraph (2)](#b-2), the entity shall prepare a corresponding schedule of discounts (including, in appropriate cases, waivers) to be applied to the payment of such fees or payments. In preparing the schedule, the entity shall adjust the discounts on the basis of a patient’s ability to pay.
    - (C) **Use of schedules—** The entity shall make every reasonable effort to secure from patients fees and payments for [services](/usc/42/201.md?p=a) in accordance with such schedules, and fees or payments shall be sufficiently discounted in accordance with the schedule described in [subparagraph (B)](#b-1-B).
  - (2) **Services to beneficiaries of Federal and federally assisted programs—** In the case of health care [services](/usc/42/201.md?p=a) furnished to an individual who is a [beneficiary](/usc/42/300gg–91.md?p=d-2) of a [program](/usc/42/274l–1.md?p=4) listed in [subsection (a)(2)](#a-2), the entity—
    - (A) shall accept an assignment pursuant to section 1842(b)(3)(B)(ii) of the Social Security Act ([42 U.S.C. 1395u(b)(3)(B)(ii)](/usc/42/1395u.md?p=b-3-B-ii)) with respect to an individual who is a [beneficiary](/usc/42/300gg–91.md?p=d-2) under the medicare [program](/usc/42/274l–1.md?p=4); and
    - (B) shall enter into an appropriate [agreement](/usc/42/1320b–8.md?p=a-3-A) with—
      - (i) the [State agency](/usc/42/1396r–8.md?p=k-9) administering the [program](/usc/42/274l–1.md?p=4) under title XIX of such Act [[42 U.S.C. 1396](/usc/42/1396.md) et seq.] with respect to an individual who is a [beneficiary](/usc/42/300gg–91.md?p=d-2) under the medicaid [program](/usc/42/274l–1.md?p=4); and
      - (ii) the [State agency](/usc/42/1396r–8.md?p=k-9) administering the [program](/usc/42/274l–1.md?p=4) under title XXI of such Act [[42 U.S.C. 1397aa](/usc/42/1397aa.md) et seq.] with respect to an individual who is a [beneficiary](/usc/42/300gg–91.md?p=d-2) under the [State](/usc/42/254d.md?p=j-4) [children](/usc/42/256e.md?p=g-2)’s health insurance [program](/usc/42/274l–1.md?p=4).
  - (3) **Collection of payments—** The entity shall take reasonable and appropriate steps to collect all payments due for health care [services](/usc/42/201.md?p=a) provided by the entity, including payments from any third party (including a Federal, [State](/usc/42/254d.md?p=j-4), or [local government](/usc/42/8401a.md) agency and any other third party) that is responsible for part or all of the charge for such [services](/usc/42/201.md?p=a).

# §254h. Provision of health services by Corps members

- (a) **Means of delivery of services; cooperation with other health care providers—** In providing health [services](/usc/42/201.md?p=a) in a [health professional shortage area](/usc/42/254e.md?p=a-1), [Corps members](/usc/42/254d.md?p=a-3-B) shall utilize the techniques, [facilities](/usc/42/11049.md?p=4), and organizational forms most appropriate for the area, population group, medical [facility](/usc/42/11049.md?p=4), or other public [facility](/usc/42/11049.md?p=4), and shall, to the maximum extent feasible, provide such [services](/usc/42/201.md?p=a) (1) to all individuals in, or served by, such [health professional shortage area](/usc/42/254e.md?p=a-1) regardless of their ability to pay for the [services](/usc/42/201.md?p=a), and (2) in a manner which is cooperative with other [health care providers](/usc/42/300jj.md?p=3) serving such [health professional shortage area](/usc/42/254e.md?p=a-1).
- (b) **Utilization of existing health facilities; lease, acquisition, and use of equipment and supplies; permanent and temporary professional services—**
  - (1) Notwithstanding any other provision of law, the [Secretary](/usc/42/201.md?p=c) may (A) to the maximum extent feasible make such arrangements as he determines necessary to enable [Corps members](/usc/42/254d.md?p=a-3-B) to utilize the health [facilities](/usc/42/11049.md?p=4) in or serving the [health professional shortage area](/usc/42/254e.md?p=a-1) in providing health [services](/usc/42/201.md?p=a); (B) make such arrangements as he determines are necessary for the use of equipment and supplies of the [Service](/usc/42/201.md?p=a) and for the lease or acquisition of other equipment and supplies; and (C) secure the permanent or temporary [services](/usc/42/201.md?p=a) of [physicians](/usc/42/1395cc–4.md?p=a-2-E), dentists, nurses, [administrators](/usc/42/4005.md?p=1), and other health personnel. If there are no health [facilities](/usc/42/11049.md?p=4) in or serving such area, the [Secretary](/usc/42/201.md?p=c) may arrange to have [Corps members](/usc/42/254d.md?p=a-3-B) provide health [services](/usc/42/201.md?p=a) in the nearest health [facilities](/usc/42/11049.md?p=4) of the [Service](/usc/42/201.md?p=a) or may lease or otherwise provide [facilities](/usc/42/11049.md?p=4) in or serving such area for the provision of health [services](/usc/42/201.md?p=a).
  - (2) If the individuals in or served by a [health professional shortage area](/usc/42/254e.md?p=a-1) are being served (as determined under [regulations](/usc/42/201.md?p=d) of the [Secretary](/usc/42/201.md?p=c)) by a [hospital](/usc/42/1395dd.md?p=e-5) or other health care delivery [facility](/usc/42/11049.md?p=4) of the [Service](/usc/42/201.md?p=a), the [Secretary](/usc/42/201.md?p=c) may, in addition to such other arrangements as he may make under [paragraph (1)](#b-1), arrange for the utilization of such [hospital](/usc/42/1395dd.md?p=e-5) or [facility](/usc/42/11049.md?p=4) by [Corps members](/usc/42/254d.md?p=a-3-B) in providing health [services](/usc/42/201.md?p=a), but only to the extent that such utilization will not impair the delivery of health [services](/usc/42/201.md?p=a) and [treatment](/usc/42/11851.md?p=11) through such [hospital](/usc/42/1395dd.md?p=e-5) or [facility](/usc/42/11049.md?p=4) to individuals who are entitled to health [services](/usc/42/201.md?p=a) and [treatment](/usc/42/11851.md?p=11) through such [hospital](/usc/42/1395dd.md?p=e-5) or [facility](/usc/42/11049.md?p=4).
- (c) **Loan; purposes; limitations—** The [Secretary](/usc/42/201.md?p=c) may make one loan to any entity with an approved application under [section 254f of this title](/usc/42/254f.md) to assist such entity in meeting the costs of (1) establishing medical, dental, or other health profession [practices](/usc/42/17061.md?p=19), including the development of medical practice management systems; (2) acquiring equipment for use in providing health [services](/usc/42/201.md?p=a); and (3) renovating [buildings](/usc/42/6881.md?p=i-3) to establish health [facilities](/usc/42/11049.md?p=4). No loan may be made under this subsection unless an application therefor is submitted to, and approved by, the [Secretary](/usc/42/201.md?p=c). The amount of any such loan shall be determined by the [Secretary](/usc/42/201.md?p=c), except that no such loan may exceed $50,000.
- (d) **Property and equipment disposal; fair market value; sale at less than full market value—** Upon the expiration of the assignment of all [Corps members](/usc/42/254d.md?p=a-3-B) to a [health professional shortage area](/usc/42/254e.md?p=a-1), the [Secretary](/usc/42/201.md?p=c) may (notwithstanding any other provision of law) sell, to any appropriate local entity, equipment and other property of the [United States](/usc/42/403.md?p=k) utilized by such members in providing health [services](/usc/42/201.md?p=a). Sales made under this subsection shall be made at the fair market value (as determined by the [Secretary](/usc/42/201.md?p=c)) of the equipment or such other property; except that the [Secretary](/usc/42/201.md?p=c) may make such sales for a lesser value to an appropriate local entity, if he determines that the entity is financially unable to pay the full market value.
- (e) **Admitting privileges denied to Corps member by hospital; notice and hearing; denial of Federal funds for violation; “hospital” defined—**
  - (1)
    - (A) It shall be unlawful for any [hospital](#e-2) to deny an authorized [Corps member](/usc/42/254d.md?p=a-3-B) admitting privileges when such [Corps member](/usc/42/254d.md?p=a-3-B) otherwise meets the professional qualifications established by the [hospital](#e-2) for granting such privileges and agrees to abide by the published bylaws of the [hospital](#e-2) and the published bylaws, rules, and [regulations](/usc/42/201.md?p=d) of its medical staff.
    - (B) Any [hospital](#e-2) which is found by the [Secretary](/usc/42/201.md?p=c), after notice and an opportunity for a hearing on the record, to have violated this subsection shall upon such finding cease, for a period to be determined by the [Secretary](/usc/42/201.md?p=c), to receive and to be eligible to receive any Federal [funds](/usc/42/12854.md?p=3) under this chapter or under titles XVIII, XIX, or XXI of the Social Security Act [[42 U.S.C. 1395](/usc/42/1395.md) et seq., 1396 et seq., 1397aa et seq.].
  - (2) For purposes of this subsection, the term “hospital” includes a [State](/usc/42/254d.md?p=j-4) or local public hospital, a private profit hospital, a private nonprofit hospital, a general or special hospital, and any other type of hospital (excluding a hospital owned or operated by an agency of the Federal Government), and any [related facilities](/usc/42/1486.md?p=g-2).

# §254h–1. Facilitation of effective provision of Corps services

- (a) **Consideration of individual characteristics of members in making assignments—** In making an assignment of a [Corps member](/usc/42/254d.md?p=a-3-B) to an entity that has had an application approved under [section 254f of this title](/usc/42/254f.md), the [Secretary](/usc/42/201.md?p=c) shall, subject to making the assignment in accordance with [section 254f–1 of this title](/usc/42/254f–1.md), seek to assign to the entity a [Corps member](/usc/42/254d.md?p=a-3-B) who has (and whose spouse, if any, has) characteristics that increase the probability that the member will remain in the [health professional shortage area](/usc/42/254e.md?p=a-1) involved after the completion of the period of [service](/usc/42/201.md?p=a) in the [Corps](/usc/42/254d.md?p=a-3-A).
- (b) **Counseling on service in Corps—**
  - (1) **In general—** The [Secretary](/usc/42/201.md?p=c) shall, subject to [paragraph (3)](#b-3), offer appropriate counseling on [service](/usc/42/201.md?p=a) in the [Corps](/usc/42/254d.md?p=a-3-A) to individuals during the period of membership in the [Corps](/usc/42/254d.md?p=a-3-A), particularly during the initial period of each assignment.
  - (2) **Career advisor regarding obligated service—**
    - (A) In the case of individuals who have entered into contracts for obligated [service](/usc/42/201.md?p=a) under the Scholarship or [Loan Repayment Program](/usc/42/254d.md?p=j-2), counseling under [paragraph (1)](#b-1) shall include appropriate counseling on matters particular to such obligated [service](/usc/42/201.md?p=a). The [Secretary](/usc/42/201.md?p=c) shall ensure that career advisors for providing such counseling are available to such individuals throughout the period of participation in the Scholarship or [Loan Repayment Program](/usc/42/254d.md?p=j-2).
    - (B) With respect to the [Scholarship Program](/usc/42/254d.md?p=j-3), counseling under [paragraph (1)](#b-1) shall include counseling individuals during the period in which the individuals are pursuing an educational degree in the health profession involved, including counseling to prepare the individual for [service](/usc/42/201.md?p=a) in the [Corps](/usc/42/254d.md?p=a-3-A).
  - (3) **Extent of counseling services—** With respect to individuals who have entered into contracts for obligated [service](/usc/42/201.md?p=a) under the Scholarship or [Loan Repayment Program](/usc/42/254d.md?p=j-2), this subsection shall be carried out regarding such individuals throughout the period of obligated [service](/usc/42/201.md?p=a) (and, additionally, throughout the period specified in [paragraph (2)(B)](#b-2-B), in the case of the [Scholarship Program](/usc/42/254d.md?p=j-3)). With respect to [Corps members](/usc/42/254d.md?p=a-3-B) generally, this subsection shall be carried out to the extent practicable.
- (c) **Grants regarding preparation of students for practice—** With respect to individuals who have entered into contracts for obligated [service](/usc/42/201.md?p=a) under the Scholarship or [Loan Repayment Program](/usc/42/254d.md?p=j-2), the [Secretary](/usc/42/201.md?p=c) may make grants to, and enter into contracts with, public and nonprofit [private entities](/usc/42/12181.md?p=6) (including health professions [schools](/usc/42/6372.md?p=1)) for the conduct of [programs](/usc/42/274l–1.md?p=4) designed to prepare such individuals for the effective provision of [primary health services](/usc/42/254d.md?p=a-3-D) in the [health professional shortage areas](/usc/42/254e.md?p=a-1) to which the individuals are assigned.
- (d) **Professional development and training—**
  - (1) **In general—** The [Secretary](/usc/42/201.md?p=c) shall assist [Corps members](/usc/42/254d.md?p=a-3-B) in establishing and maintaining professional relationships and development opportunities, including by—
    - (A) establishing appropriate professional relationships between the [Corps member](/usc/42/254d.md?p=a-3-B) involved and the health professions community of the [geographic area](/usc/42/11360.md?p=9) with respect to which the member is assigned;
    - (B) establishing professional development, [training](/usc/42/285e–2.md?p=b-2), and mentorship linkages between the [Corps member](/usc/42/254d.md?p=a-3-B) involved and the larger health professions community, including through distance learning, direct mentorship, and development and implementation of [training](/usc/42/285e–2.md?p=b-2) modules designed to meet the educational needs of offsite [Corps members](/usc/42/254d.md?p=a-3-B);
    - (C) establishing professional networks among [Corps members](/usc/42/254d.md?p=a-3-B); or
    - (D) engaging in other professional development, mentorship, and [training](/usc/42/285e–2.md?p=b-2) activities for [Corps members](/usc/42/254d.md?p=a-3-B), at the discretion of the [Secretary](/usc/42/201.md?p=c).
  - (2) **Assistance in establishing professional relationships—** In providing such assistance under [paragraph (1)](#d-1), the [Secretary](/usc/42/201.md?p=c) shall focus on establishing relationships with [hospitals](/usc/42/1395dd.md?p=e-5), with academic medical centers and health professions [schools](/usc/42/6372.md?p=1), with [area health education centers](/usc/42/295p.md?p=12) under [section 294a of this title](/usc/42/294a.md), with health education and [training](/usc/42/285e–2.md?p=b-2) centers under [section 294b](/usc/42/294b.md)[^1] of this title, and with border health education and [training](/usc/42/285e–2.md?p=b-2) centers under such [section 294b](/usc/42/294b.md)[^1] of this title. Such assistance shall include assistance in obtaining faculty appointments at health professions [schools](/usc/42/6372.md?p=1).
  - (3) **Supplement not supplant—** Such efforts under this subsection shall supplement, not supplant, non-government efforts by professional health provider societies to establish and maintain professional relationships and development opportunities.
- (e) **Temporary relief from Corps duties—**
  - (1) **In general—** The [Secretary](/usc/42/201.md?p=c) shall, subject to [paragraph (4)](#e-4), provide assistance to [Corps members](/usc/42/254d.md?p=a-3-B) in establishing arrangements through which [Corps members](/usc/42/254d.md?p=a-3-B) may, as appropriate, be provided temporary relief from duties in the [Corps](/usc/42/254d.md?p=a-3-A) in order to pursue continuing education in the health professions, to participate in [exchange](/usc/42/300gg–91.md?p=d-21) [programs](/usc/42/274l–1.md?p=4) with teaching centers, to attend professional conferences, or to pursue other interests, including vacations.
  - (2) **Assumption of duties of member—**
    - (A) Temporary relief under [paragraph (1)](#e-1) may be provided only if the duties of the [Corps member](/usc/42/254d.md?p=a-3-B) involved are assumed by another health professional. With respect to such temporary relief, the duties may be assumed by [Corps members](/usc/42/254d.md?p=a-3-B) or by health professionals who are not [Corps members](/usc/42/254d.md?p=a-3-B), if the [Secretary](/usc/42/201.md?p=c) approves the professionals for such purpose. Any health professional so approved by the [Secretary](/usc/42/201.md?p=c) shall, during the period of providing such temporary relief, be deemed to be a [Corps member](/usc/42/254d.md?p=a-3-B) for purposes of [section 233 of this title](/usc/42/233.md) (including for purposes of the remedy described in such section), [section 254f(f) of this title](/usc/42/254f.md), and [section 254h(e) of this title](/usc/42/254h.md?p=e).
    - (B) In carrying out [paragraph (1)](#e-1), the [Secretary](/usc/42/201.md?p=c) shall provide for the formation and continued existence of a group of health professionals to provide temporary relief under such paragraph.
  - (3) **Recruitment from general health professions community—** In carrying out [paragraph (1)](#e-1), the [Secretary](/usc/42/201.md?p=c) shall—
    - (A) encourage health professionals who are not [Corps members](/usc/42/254d.md?p=a-3-B) to enter into arrangements under which the health professionals temporarily assume the duties of [Corps members](/usc/42/254d.md?p=a-3-B) for purposes of [paragraph (1)](#e-1); and
    - (B) with respect to the entities to which [Corps members](/usc/42/254d.md?p=a-3-B) have been assigned under [section 254f of this title](/usc/42/254f.md), encourage the entities to facilitate the development of arrangements described in [subparagraph (A)](#e-3-A).
  - (4) **Limitation—** In carrying out [paragraph (1)](#e-1), the [Secretary](/usc/42/201.md?p=c) may not, except as provided in [paragraph (5)](#e-5), obligate any amounts (other than for incidental expenses) for the purpose of—
    - (A) compensating a health professional who is not a [Corps member](/usc/42/254d.md?p=a-3-B) for assuming the duties of a [Corps member](/usc/42/254d.md?p=a-3-B); or
    - (B) paying the costs of a vacation, or other interests that a [Corps member](/usc/42/254d.md?p=a-3-B) may pursue during the period of temporary relief under such paragraph.
  - (5) **Sole providers of health services—** In the case of any [Corps member](/usc/42/254d.md?p=a-3-B) who is the sole provider of health [services](/usc/42/201.md?p=a) in the [geographic area](/usc/42/11360.md?p=9) involved, the [Secretary](/usc/42/201.md?p=c) may, from amounts appropriated under [section 254k of this title](/usc/42/254k.md), obligate on behalf of the member such sums as the [Secretary](/usc/42/201.md?p=c) determines to be necessary for purposes of providing temporary relief under [paragraph (1)](#e-1).
- (f) **Determinations regarding effective service—** In carrying out [subsection (a)](#a) and sections [254l(d)](/usc/42/254l.md?p=d) and [254l–1(d)](/usc/42/254l–1.md?p=d) of this title, the [Secretary](/usc/42/201.md?p=c) shall carry out activities to determine—
  - (1) the characteristics of [physicians](/usc/42/1395cc–4.md?p=a-2-E), dentists, and other health professionals who are more likely to remain in practice in [health professional shortage areas](/usc/42/254e.md?p=a-1) after the completion of the period of [service](/usc/42/201.md?p=a) in the [Corps](/usc/42/254d.md?p=a-3-A);
  - (2) the characteristics of health manpower shortage areas, and of entities seeking assignments of [Corps members](/usc/42/254d.md?p=a-3-B), that are more likely to retain [Corps members](/usc/42/254d.md?p=a-3-B) after the members have completed the period of [service](/usc/42/201.md?p=a) in the [Corps](/usc/42/254d.md?p=a-3-A); and
  - (3) the appropriate conditions for the assignment and utilization in health manpower shortage areas of certified nurse [practitioners](/usc/42/1395a.md?p=b-6-C), certified nurse midwives, and [physician](/usc/42/1320a–7h.md?p=e-11) assistants.

# §254i. Annual report to Congress; contents


The [Secretary](/usc/42/201.md?p=c) shall submit an annual report to Congress, and shall include in such report with respect to the previous calendar year—

- (1) the number, identity, and priority of all [health professional shortage areas](/usc/42/254e.md?p=a-1) designated in such year and the number of [health professional shortage areas](/usc/42/254e.md?p=a-1) which the [Secretary](/usc/42/201.md?p=c) estimates will be designated in the subsequent year;
- (2) the number of applications filed under [section 254f of this title](/usc/42/254f.md) in such year for assignment of [Corps members](/usc/42/254d.md?p=a-3-B) and the action taken on each such application;
- (3) the number and types of [Corps members](/usc/42/254d.md?p=a-3-B) assigned in such year to [health professional shortage areas](/usc/42/254e.md?p=a-1), the number and types of additional [Corps members](/usc/42/254d.md?p=a-3-B) which the [Secretary](/usc/42/201.md?p=c) estimates will be assigned to such areas in the subsequent year, and the need for additional members for the [Corps](/usc/42/254d.md?p=a-3-A);
- (4) the recruitment efforts engaged in for the [Corps](/usc/42/254d.md?p=a-3-A) in such year and the number of [qualified individuals](/usc/42/18032.md?p=f-1-A) who applied for [service](/usc/42/201.md?p=a) in the [Corps](/usc/42/254d.md?p=a-3-A) in such year;
- (5) the number of patients seen and the number of patient visits recorded during such year with respect to each [health professional shortage area](/usc/42/254e.md?p=a-1) to which a [Corps member](/usc/42/254d.md?p=a-3-B) was assigned during such year;
- (6) the number of [Corps members](/usc/42/254d.md?p=a-3-B) who elected, and the number of [Corps members](/usc/42/254d.md?p=a-3-B) who did not elect, to continue to provide health [services](/usc/42/201.md?p=a) in [health professional shortage areas](/usc/42/254e.md?p=a-1) after termination of their [service](/usc/42/201.md?p=a) in the [Corps](/usc/42/254d.md?p=a-3-A) and the reasons (as reported to the [Secretary](/usc/42/201.md?p=c)) of members who did not elect for not making such election;
- (7) the results of evaluations and determinations made under [section 254f(a)(1)(D) of this title](/usc/42/254f.md?p=a-1-D) during such year; and
- (8) the amount charged during such year for health [services](/usc/42/201.md?p=a) provided by [Corps members](/usc/42/254d.md?p=a-3-B), the amount which was collected in such year by entities in accordance with [section 254g of this title](/usc/42/254g.md), and the amount which was paid to the [Secretary](/usc/42/201.md?p=c) in such year under such [agreements](/usc/42/1320b–8.md?p=a-3-A).

# §254j. National Advisory Council on National Health Service Corps

- (a) **Establishment; appointment of members—** There is established a [council](/usc/42/300f.md?p=9) to be known as the National [Advisory Council](/usc/42/274l–1.md?p=1) on the National Health [Service](/usc/42/201.md?p=a) [Corps](/usc/42/254d.md?p=a-3-A) (hereinafter in this section referred to as the “[Council](/usc/42/300f.md?p=9)”). The [Council](/usc/42/300f.md?p=9) shall be composed of not more than 15 members appointed by the [Secretary](/usc/42/201.md?p=c). The [Council](/usc/42/300f.md?p=9) shall consult with, advise, and make recommendations to, the [Secretary](/usc/42/201.md?p=c) with respect to his responsibilities in carrying out this subpart (other than [section 254r](/usc/42/254r.md)[^1] of this title), and shall review and comment upon [regulations](/usc/42/201.md?p=d) promulgated by the [Secretary](/usc/42/201.md?p=c) under this subpart.
- (b) **Term of members; compensation; expenses—**
  - (1) Members of the [Council](/usc/42/300f.md?p=9) shall be appointed for a term of three years, except that any member appointed to fill a vacancy occurring prior to the expiration of the term for which the member’s predecessor was appointed shall be appointed for the remainder of such term. No member shall be removed, except for [cause](/usc/42/9908.md?p=c-2).
  - (2) Members of the [Council](/usc/42/300f.md?p=9) (other than members who are officers or [employees](/usc/42/300gg–91.md?p=d-5) of the [United States](/usc/42/403.md?p=k)), while attending meetings or conferences thereof or otherwise serving on the business of the [Council](/usc/42/300f.md?p=9), shall be entitled to receive for each day (including traveltime) in which they are so serving compensation at a rate fixed by the [Secretary](/usc/42/201.md?p=c) (but not to exceed the daily equivalent of the annual rate of basic pay in effect for grade GS–18 of the General Schedule); and while so serving away from their homes or regular places of business all members may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by [section 5703 of title 5](/usc/5/5703.md) for [persons](/usc/42/1320a–7k.md?p=d-4-C-i) in the Government [Service](/usc/42/201.md?p=a) employed intermittently.
- (c) **Termination—** [Section 1013 of title 5](/usc/5/1013.md) shall not apply with respect to the [Council](/usc/42/300f.md?p=9).

# §254k. Authorization of appropriations

- (a) For the purpose of carrying out this subpart, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2008 through 2012.
- (b) An appropriation under an [authorization](/usc/42/4370m.md?p=3) under [subsection (a)](#a) for any fiscal year may be made at any time before that fiscal year and may be included in an Act making an appropriation under an [authorization](/usc/42/4370m.md?p=3) under [subsection (a)](#a) for another fiscal year; but no [funds](/usc/42/12854.md?p=3) may be made available from any appropriation under such [authorization](/usc/42/4370m.md?p=3) for obligation under [sections 254d through 254h](/usc/42/254d..254h.md), [section 254i](/usc/42/254i.md), and [section 254j of this title](/usc/42/254j.md) before the fiscal year for which such appropriation is authorized.