Page:United States Statutes at Large Volume 90 Part 2.djvu/818

 90 STAT. 2286 Ante, p. 2270. Ante, p. 2272.

42 USC 1395c, 1395J. 42 USC 1396. Regulation.

PUBLIC LAW 94-484—OCT. 12, 1976 "(2) in the case of any other individual, in a health manpower shortage area (designated under section 332) which (A) has a priority for the assignment of Corps members under section 333(c), and (B) has a sufficient financial base to sustain such private practice and to provide the individual with income of not less than the income of members of the Corps. In the case of an individual described in paragraph (1), the Secretary shall release the individual from his service obligation under this subsection only if the Secretary determines that the area in which the individual is serving meets the requirement of clause (B) of paragraph (2). "(b) The written agreement described in subsection (a) shall— "(1) provide that during the period of private practice by an individual pursuant to the agreement— "(A) any person who receives health services provided by the individual in connection with such practice will be charged for such services at the usual and customary rate prevailing in the area in which such services are provided, except that if such person is unable to pay such charge, such person shall be charged at a reduced rate or not charged any fee; and "(B) the individual in providing health services in connection with such practice shall not discriminate against any person on the basis of such person's ability to pay for such services or because payment for the health services provided to such person will be made under the insurance program established under part A or B of title X VIII of the Social Security Act or under a State plan for medical assistance approved under title X IX of such Act; and "(2) contain such additional provisions as the Secretary may require to carry out the purposes of this section. For purposes of paragraph (1)(A), the Secretary shall by regulation prescribe the method for determining a person's ability to pay a charge for health services and the method of determining the amount (if any) to be charged such person based on such ability. "BREACH OF SCHOLARSHIP CONTRACT

42 USC 294w.

"SEC. 754. (a) An individual (other than an individual described in subsection (b)) who has entered into a written contract with the Secretary under section 751 and who fails to accept payment, or instructs the educational institution in which he is enrolled not to accept payment, in whole or in part, of a scholarship under such contract, shall, in addition to any service or other obligation or liability under the contract, be liable to the United States for the amount of $1,500 as liquidated damages. "(b) An individual who has entered into a written contract with the Secretary under section 751 and who— "(1) fails to maintain an acceptable level of academic standing in the educational institution in which he is enrolled (such level determined by the educational institution under regulations of the Secretary), "(2) is dismissed from such educational institution for disciplinary reasons, or "(3) voluntarily terminates the training in such an educational institution for which he is provided a scholarship under such contract, before the completion of such training, in lieu of any service obligation arising under such contract, shall be

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