Page:United States Statutes at Large Volume 93.djvu/629

 PUBLIC LAW 96-79—OCT. 4, 1979

93 STAT. 597

ance of such agency and to provide a recommendation on whether such agreement should be renewed and whether the agency should be returned to a conditional status as authorized by paragraph (3). "(5) If the Secretary enters into an agreement under this subsection with an entity or renews such an agreement, the Secretary shall notify the Governor of the State in which such entity is located of the agreement, and any renewal of the agreement.". (d)(1)(A) Paragraphs (1) and (3) of section 1515(c) are each amended 42 USC 300/-4. by striking out "twelve months" and inserting in lieu thereof "thirtysix months". (B) The amendments made by subparagraph (A) shall take effect Effective date. with respect to designation agreements entered into under section 42 USC 300Z-4 1515(c) of the Public Health Service Act after the date of the note. enactment of this Act. (2) Section 1515(c)(1) is amended— (A) by inserting "(A)" after "(c)(1)", (B) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, (C) by amending clause (ii) (as so redesignated) to read as follows: "(ii) by the Secretary if the Secretary determines, in accordance with subparagraph (B), that the entity is not complying with the provisions of such agreement.", and (D) by adding at the end the following: "(B) Before the Secretary may terminate, under subparagraph (A)(ii), an agreement with an entity for designation as the health systems agency for a health service area, the Secretary shall— "(i) consult with the Governor and the Statewide Health Coordinating Council of each State in which is located the health service area respecting the proposed termination, "(ii) give the entity notice of the intention to terminate the agreement and in the notice specify with particularity (I) the basis for the determination of the Secretary that the entity is not in compliance with the agreement, and (II) the actions that the entity should take to come into compliance with the agreement, and "(iii) provide the entity with a reasonable opportunity for a hearing, before an officer or employee of the Department of Health, Education, and Welfare designated for such purpose, on the matter specified in the notice. The Secretary may not terminate such an agreement before consult- Termination ing with the National Council on Health Planning and Development procedures. respecting the proposed termination. Before the Secretary may permit the term of an agreement to expire without renewing the agreement, the Secretary shall make the consultations prescribed by clause (i) and the preceding sentence, give the entity with which the agreement was made notice of the intention not to renew the agreement and the reasons for not renewing the agreement, and provide, as prescribed by clause (iii), the entity an opportunity for a hearing on the matter specified in the notice.". (e) Section 1515(c) (as amended by subsection (d)) is amended by adding after clause (ii) of paragraph (1)(A) the following: "A designation agreement under this subsection may be terminated by the Secretary before the expiration of its term if the health service area with respect to which the agreement was entered into is revised under section 1511(b)(4) and the Secretary determines, after consulta- ^"^e, p. 595 tion with the Governor and Statewide Health Coordinating Council of each State in which the health service area (as revised) is located, that the health systems agency designated under such agreement

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