Page:United States Statutes at Large Volume 100 Part 5.djvu/849

 PRIVATE LAW 99-21—OCT. 27, 1986

100 STAT. 4323

ity of Bennettsville, South Carolina, and the Hospital Corporation of America shall each not be subject to the interest penalty described in section 609(c)(2)(A) of such Act for the sale referred to in subsection (a). (2) If such an agreement is not entered into within one year of the date of the enactment of this Act, the Secretary of Health and Human Services shall take such action as may be necessary to recover from Marlboro County General Hospital Charity of Bennettsville, South Carolina, and the Hospital Corporation of America the amount the United States is entitled to recover under section 609 of such Act for the sale referred to in subsection (a). SEC. 2. AGREEMENT REQUIREMENTS.

The agreement referred to in subsection (a) shall contain the following requirements: (1) Under the agreement Marlboro County General Hospital Charity shall establish and maintain an irrevocable trust in the amount described in section 609(d)(l)(A)(i) of the Public Health Service Act. (2) The principal and interest of the trust described in paragraph (1) shall only be used to pay for medically necessary services provided at Marlboro Park Hospital by the Hospital Corporation of America at no charge to individuals unable to pay for such services. For purposes of this paragraph, an individual shall be considered unable to pay for medically necessary services if such individual (A) has an income below 100 percent of the nonfarm income official poverty line defined by the Office of Management and Budget (and revised annually in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981) applicable to a family of the size of such individual's family, and (B) does not have private health insurance coverage and is not eligible for assistance under title XVIII of the Social Security Act, a Medical Assistance Plan approved under title XIX of such Act, or any other public indigent medical care program. (3) The Hospital Corporation of America shall at Marlboro Park Hospital— (A) not deny needed medical services to persons unable to pay for such medical services, (B) participate, if qualified, in the program under title XVIII of the Social Security Act and a Medical Assistance Plan approved under title XIX of such Act, and in any other public indigent program in South Carolina, (C) treat all individuals in need of medical care who are eligible, or may be eligible, for assistance under a program described in subparagraph (B) irrespective of whether such individuals have a personal physician with admitting privileges at Marlboro Park Hospital, and (D) notify each individual seeking medical care in writing of the availability of reimbursement under paragraph (2) for charges and services. Approved October 27, 1986.

42 USC 29ii.

42 USC 9902. 42 USC 1395. 42 USC 1396.

�