Page:United States Statutes at Large Volume 117.djvu/1177

 117 STAT. 1158

PUBLIC LAW 108–91—OCT. 3, 2003

Public Law 108–91 108th Congress An Act Oct. 3, 2003 [H.R. 659] Hospital Mortgage Insurance Act of 2003. 12 USC 1701 note.

To amend section 242 of the National Housing Act regarding the requirements for mortgage insurance under such Act for hospitals.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Hospital Mortgage Insurance Act of 2003’’. SEC. 2. STANDARDS FOR DETERMINING NEED AND FEASIBILITY FOR HOSPITALS.

12 USC 1715z–7 note. Applicability.

(a) IN GENERAL.—Paragraph (4) of section 242(d) of the National Housing Act (12 U.S.C. 1715z–7) is amended to read as follows: ‘‘(4)(A) The Secretary shall require satisfactory evidence that the hospital will be located in a State or political subdivision of a State with reasonable minimum standards of licensure and methods of operation for hospitals and satisfactory assurance that such standards will be applied and enforced with respect to the hospital. ‘‘(B) The Secretary shall establish the means for determining need and feasibility for the hospital, if the State does not have an official procedure for determining need for hospitals. If the State has an official procedure for determining need for hospitals, the Secretary shall require that such procedure be followed before the application for insurance is submitted, and the application shall document that need has also been established under that procedure.’’. (b) EFFECTIVE DATE.— (1) IN GENERAL.—The amendment made by subsection (a) shall take effect and apply as of the date of the enactment of this Act. (2) EFFECT OF REGULATORY AUTHORITY.—Any authority of the Secretary of Housing and Urban Development to issue regulations to carry out the amendment made by subsection (a) may not be construed to affect the effectiveness or applicability of such amendment under paragraph (1) of this subsection. SEC. 3. EXEMPTION FOR CRITICAL ACCESS HOSPITALS.

(a) IN GENERAL.—Section 242 of the National Housing Act (12 U.S.C. 1715z–7) is amended— (1) in subsection (b)(1)(B), by inserting ‘‘, unless the facility is a critical access hospital (as that term is defined in section

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