Page:United States Statutes at Large Volume 92 Part 3.djvu/926

 92 STAT. 3558

Grant applications.

'Public center.'

42 USC 254c note. 42 USC 254c.

PUBLIC LAW 95-626—NOV. 10, 1978

s.. " (K) the center, in accordance with regulations prescribed by the Secretary, has developed an on-going referral relationship with one or more hospitals.". (2) Such subsection is amended by redesignating paragraph (2) as paragraph (3) and by adding after paragraph (1) the following new paragraph: "(2) An application for a grant under subparagraph (A) or (B) of subsection (d)(1) for a community health center shall include— "(A) a description of the need in the center's catchment area for each of the health services described in subsection (a)(4) and in subparagraphs (B), (F), (L), and (M) of subsection (b)(2), "(B) if the applicant determines that any such service is not needed, the basis for such determination, and "(C) if the applicant does not request funds for any such service which the applicant determines is needed, the reason for not making such a request. Tn considering an application for a grant under subparagraph (A) or (B) of subsection (d)(1), the Secretary may require as a condition to the approval of such application assurance that the applicant will provide any specified health services described in subsection (a) or (b) which the Secretary finds is needed to meet specific health needs of the area to be served by the applicant. Such a finding shall be made in writing and a copy shall be provided the applicant.". (3)(A) Clause (ii) of subparagraph (G) of paragraph (3) (as so redesignated) of such subsection is amended to read as follows: "(ii) meets at least once a month, selects the services to be provided by the center, schedules the hours during which such services will be provided, approves the center's annual budget, approves the selection of a director for the center, and, except in the case of a governing board of a public center (as defined in the second sentence of this paragraph), establishes general policies for the center; and if the application is for a second or subsequent grant for a public center, the governing body has approved the application or if the governing body has not approved the application, the failure of the governing body to approve the application was unreasonable;". (B) Such paragraph is amended by adding at the end after and below subparagraph (K) the following sentence: "For purposes of subparagraph (G) and subsection (g)(4), the term 'public center' means a community health center funded (or to be funded) through a grant under this section to a public agency.". (C) The change in the governing board requirements for public community health centers made by the amendment by subparagraph (A) to section 330(e)(3)(G) (ii) of the Public Health Service Act shall not apply with respect to any public community health center which met the governing board requirements in effect under section 330(e)(2)(G) (ii) of such Act before October 1, 1978. (4) Subparagraph (H) of such paragraph is amended (A) by striking out "and ( IV) " and inserting in lieu thereof " (IV)", and (B) by inserting before the semicolon at the end the following: ", and (V) expenditures made from any amount the center was permitted to retain under subsection (d)(4)(B)". (5)(A) Paragraph (2) of subsection (e) of such section is amended by inserting "paragraph (1)(A) or (1)(B) of" before "subsection (d) unless". (B) Such subsection is further amended by adding at the end the following new paragraphs:

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