Page:United States Statutes at Large Volume 124.djvu/575

 nurses, counselors, and support personnel, as well as with other community providers co-located at the school;

"(v) the SBHC sponsoring facility assumes all responsibility for the SBHC administration, operations, and oversight; and

"(vi) the SBHC will comply with Federal, State, and local laws concerning patient privacy and student records, including regulations promulgated under the Health Insurance Portability and Accountability Act of 1996 and section 444 of the General Education Provisions Act; and

"(D) such other information as the Secretary may require.

"(d) PREFERENCES AND CONSIDERATION.—In reviewing applications:

"(1) The Secretary may give preference to applicants who demonstrate an ability to serve the following:

"(A) Communities that have evidenced barriers to primary health care and mental health and substance use disorder prevention services for children and adolescents.

"(B) Communities with high per capita numbers of children and adolescents who are uninsured, underinsured, or enrolled in public health insurance programs.

"(C) Populations of children and adolescents that have historically demonstrated difficulty in accessing health and mental health and substance use disorder prevention services.

"(2) The Secretary may give consideration to whether an applicant has received a grant under subsection (a) of section 4101 of the Patient Protection and Affordable Care Act.

"(e) WAIVER OF REQUIREMENTS.—The Secretary may—

"(1) under appropriate circumstances, waive the application of all or part of the requirements of this subsection with respect to an SBHC for not to exceed 2 years; and

‘‘(2) upon a showing of good cause, waive the requirement that the SBHC provide all required comprehensive primary health services for a designated period of time to be determined by the Secretary.

‘‘(f) USE OF FUNDS.—

‘‘(1) FUNDS.—Funds awarded under a grant under this section—

‘‘(A) may be used for—

"(i) acquiring and leasing equipment (including the costs of amortizing the principle of, and paying interest on, loans for such equipment);

"(ii) providing training related to the provision of required comprehensive primary health services and additional health services;

‘‘(iii) the management and operation of health center programs;

‘‘(iv) the payment of salaries for physicians, nurses, and other personnel of the SBHC; and

‘‘(B) may not be used to provide abortions.

‘‘(2) CONSTRUCTION.—The Secretary may award grants which may be used to pay the costs associated with expanding and modernizing existing buildings for use as an SBHC,