Page:United States Statutes at Large Volume 109 Part 1.djvu/795

 PUBLIC LAW 104-73—DEC. 26, 1995 109 STAT. 779 to be an employee of the Public Health Service for purposes of this section shall apply for the period specified by the Secretary under subparagraph (A). "(F) Once the Secretary makes a determination that an entity or an officer, governing board member, employee, or contractor of an entity is deemed to be an employee of the Public Health Service for purposes of this section, the determination shall be final and binding upon the Secretary and the Attorney General and other parties to any civil action or proceeding. Except as provided in subsection (i), the Secretary and the Attorney General may not determine that the provision of services which are the subject of such a determination are not covered under this section. "(G) In the case of an entity described in paragraph (4) that has not submitted an application under subparagraph (D): "(i) The Secretary may not consider the entity in making estimates under subsection (k)(l). "(ii) This section does not affect any authority of the entity to purchase medical malpractice liability insurance coverage with Federal funds provided to the entity under section 329, 330, 340, or 340A. "(H) In the case of an entity described in paragraph (4) for which an application under subparagraph (D) is in effect, the entity may, through notifying the Secretary in writing, elect to terminate the applicability of this subsection to the entity. With respect to such election by the entity: "(i) The election is effective upon the expiration of the Effective date. 30-day period beginning on the date on which the entity submits such notification. "(ii) Upon taking effect, the election terminates the applicability of this subsection to the entity and each officer, governing board member, employee, and contractor of the entity. "(iii) Upon the effective date for the election, clauses (i) and (ii) of subparagraph (G) apply to the entity to the same extent and in the same manner as such clauses apply to an entity that has not submitted an application under subparagraph (D). "(iv) If after making the election the entity submits an application under subparagraph (D), the election does not preclude the Secretary from approving the application (and thereby restoring the applicability of this subsection to the entity and each officer, governing board member, employee, and contractor of the entity, subject to the provisions of this subsection and the subsequent provisions of this section.". (b) APPROVAL PROCESS. —Section 224(h) (42 U.S.C. 233(h)) is amended— (1) in the matter preceding paragraph (1), by striking "Notwithstanding" and all that follows through "entity—" and inserting the following: "The Secretary may not approve an application under subsection (g)(1)(D) unless the Secretary determines that the entity—"; and (2) by striking "has fully cooperated" in paragraph (4) and inserting "will fully cooperate". (c) DELAYED APPLICABILITY FOR CURRENT PARTICIPANTS. — If, 42 USC 233 note. on the day before the date of the enactment of this Act, an entity was deemed to be an employee of the Public Health Service for purposes of section 224(g) of the Public Health Service Act, the

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