Page:United States Statutes at Large Volume 104 Part 4.djvu/702

 104 STAT. 3018 PUBLIC LAW 101-597 —NOV. 16, 1990 make such a determination not less than once each fiscal year. The first determination shall be made not later than July 1 of the year preceding the year in which the period of obligated service begins. If the Secretary revises the determination before July 1 of the following year, the revised determination shall be applicable with respect to assignments of Corps members made during the period beginning on the date of the issuance of the revised determination and ending on July 1 of such year. " (2) DATE CERTAIN FOR PREPARATION OF NOTIFICATION UST.— A list under subsection (d)(1) shall be prepared for each of the periods decribed in paragraph (1). Each such list shall be prepared not later than the date on which a determination of priorities under such paragraph is required to be made for the period involved.". SEC. 105. COST SHARING. Section 334(f)(2) of the Public Health Service Act (42 U.S.C. 254g(f)(2)) is amended by adding at the end the following new subparagraph: "(C)(i) A determination under subparagraph (B) regarding the revenues and costs of an entity in an annual period shall be made by the Secretary utilizing criteria specific to the entity and shall be made without regard to whether the entity is making progress toward collecting sufficient revenues to provide an adequate level of primary health services without the assignment of Corps members. "(ii) In making a determination referred to in clause (i)— "(I) the Secretary may consider whether the proposed budget submitted under subparagraph (A) provides a reasonable estimate regarding the revenues and costs of the entity; and "(II) may not consider the reasonableness of the amount of revenues collected, or the amount of costs incurred by the entity, except to the extent necessary to ensure that the entity is operating in good faith and is operating efficiently with respect to fiscal matters within the control of the entity. "(iii) A determination of whether an entity is eligible for a waiver under paragraph (3) shall be made by the Secretary without regard to the revenues and costs determined by the Secretary under subparagraph (B). "(iv) A determination of whether an entity is a small health center shall be made by the Secretary without regard to the revenues and costs determined by the Secretary under subparagraph (B).". SEC. 106. ADMITTING PRIVILEGES OF HEALTH CARE PROFESSIONALS. Section 335(e)(1)(A) of the Public Health Service Act (42 U.S.C. 254h(e)(l)(A)) is amended by striking "authorized physician" and all that follows through "admitting" and inserting 'authorized Corps member admitting. SEC. 107. PROVISIONS REGARDING EFFECTIVE PROVISION OF SERVICES. Section 336 of the Public Health Service Act (42 U.S.C. 254h-l) is amended to read as follows: "SEC. 336. 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 to an entity that has had an application approved under

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