Page:United States Statutes at Large Volume 90 Part 2.djvu/827

 PUBLIC LAW 94-484—OCT. 12, 1976

90 STAT. 2295

position in any direct or affiliated medical residency training program m primary care as of July 15 of the previous year and who on the date for which the determination is to be made were not in any direct or affiliated medical residency training program in primary care. Each Publication in determination under this subparagraph shall, not later than 45 days Federal Register; after the date for which the determination is made, be published in the report to medical schools and Federal Register and reported in writing to each school of medicine in congressional the States and to the Committee on Interstate and Foreign Commerce committees. of the House of Representatives and to the Committee on Labor and Public Welfare of the Senate. "(C) In determining if a school of medicine meets an applicable requirement of clause (i), (ii), or (iii) of subparagraph (A) for a fiscal year, the number of filled first year positions in direct or affiliated medical residency training programs of such school in primary care on July 15 in such fiscal year shall be reduced by the number of individuals who were in a first year position in a direct or affiliated medical residency training program of such school in primary care on July 15 in the previous fiscal year and who on July 15 in the fiscal year to which the requirement applies were not in a direct or affiliated medical residency training program of such school in primary care. Each determination, with respect to a school, under this subparagraph Determination; shall, not later than 45 days after the date on which the determination report to medical is made, be reported in writing to siich school and to the Committee school and on Interstate and Foreign Commerce bf the House of Representatives congressional committees. and to the Committee on Labor and Public Welfare of the Senate. "(D) The requirement under subparagraph (A) that a school of medicine have a particular percent of its filled first-year positions in its direct or affiliated medical residency training programs in primary care on a date in order to be eligible for a grant under section 770 shall •^'»'«» P- 2290. be waived by the Secretary if he determines that (i) such school has made a good faith effort to comply with such requirement, and (ii) such school has at least 98 percent of such percent of such positions in primary care on such date. " (E) The Secretary shall not make any grant under section 770 Notice and to a school of medicine for any fiscal year if the Secretary, after pro- hearing. viding notice and opportunity for a hearing, determines that in the fiscal year such school— "(i) terminated or failed to renew an affiliation with a medical resiaency training program for the purpose of meeting the requirements of this paragraph, and "(ii) after such a termination or failure to renew, provided support for such medical residency training program (including any interchange of medical residents, students, or faculty between the school and such program, the offering of amr faculty position at such school to any individual on the staff of such entity who has any responsibility for such program, or the provision or receipt by such school of any funds for such program). " (F) For purposes of this paragraph: Definitions. "(i^ The term 'direct or affiliated medical residency training program means a medical residency training program with which a school of medicine is affiliated or has a similar arrangement (including any arrangement which provides for any interchange of medical residents, students, or faculty between the school and such program, the offering of any faculty position at such school to any individual on the staff of such entity who has any responsibility for such program, or the provision or receipt by such school of any funds for such program), as determined under regulations of the Secretary, or which is primarily conducted in facilities owned by a school ot medicine.

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