Page:United States Statutes at Large Volume 88 Part 2.djvu/916

 PUBLIC LAW 93-641-JAN. 4, 1975

2232

Ante,

p. 2229.

Post,

p. 2242.

Post,

p. 2257.

42 USC 246.

Standards and criteria.

STAT.

own initiative to revise the boundaries of any health service area, he shall consult with the Governor of the appropriate State or States, the entities referred to in paragraph (2), the appropriate health systems agency or agencies designated under part B and the appropriate Statewide Health Coordinating Council established under part C. A request for boundary revision shall be made only after consultation with the Governor of the appropriate State or States, the entities referred to in paragraph (2), the appropriate designated health systems agencies, and the appropriate established Statewide Health Coordinating Council and shall include the comments concerning the revision made by the entities consulted in requesting the revision. "(5) Within one year after the date of the enactment of this title the Secretary shall complete the procedures for the initial establishment of the boundaries of health service areas which (except as provided in section 1535) include the geographic area of all the States. "(c) Notwithstanding any other requirement of this section, an area— "(1) for which has been developed a comprehensive regional, metropolitan area, or other local area plan referred to in section 314(b), and " (2) which otherwise meets the requirements of subsection (a), shall be designated by the Secretary as a health service area unless the Governor of any State in which such area is located, upon a finding that another area is a more appropriate region for the effective planning and developlnent of health resources, waives such requirement. HEALTH

42 USC 300Z-1.

[88

SYSTEMS

AGENCIES

"SEC. 1512. (a) DEFINITION.—For purposes of this title, the term 'health systems agency' means an entity which is organized and operated in the manner described in subsection (b) and which is capable, as determined by the Secretary, of performing each of the functions described in section 1513. The Secretary shall by regulation establish standards and criteria for the requirements of subsection (b) and section 1513. "(b)(1) LEGAL STRUCTURE.—A health systems agency for a health service area shall be— " (A) a nonprofit private corporation (or similar legal mechanism such as a public benefit corporation) which is incorporated in the State in which the largest part of the population of the health service area resides, which is not a subsidiary of, or otherwise controlled by, any other private or public corporation or other legal entity, and which only engages in health planning and development functions; " (B) a public regional planning body if (i) it has a governing board composed of a majority of elected officials of units of general local government or it is authorized by State law (in effect before the date of enactment of this subsection) to carry out health planning and review functions such as those described in section 1513, and (ii) its planning area is identical to the health service area; or " (C) a single unit of general local government if the area of the jurisdiction of that unit is identical to the health service area. A health systems agency may not be an educational institution or operate such an institution. "(2)

STAFF.—

" (A) EXPERTISE.—^A health systems agency shall have a staff which provides the agency with expertise in at least the following:

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