Page:United States Statutes at Large Volume 93.djvu/634

 93 STAT. 602 Ante, p. 601.

"Provider of 42 USC f 300n

26 USC 501.

42 USC 300/-1.

PUBLIC LAW 96-79—OCT. 4, 1979 (d)(1) Section 1512(b)(3)(C)(i) is amended (A) by striking out "(nor within the twelve months preceding appointment been)", and (B) by inserting "(including labor organizations and business corporations) after "major purchasers of health care". (2) Section 1531(3) is amended to read as follows: "^^^ '^^® term 'provider of health care' means an individual— "(A) who is a direct provider of health care (including a physician, dentist, nurse, podiatrist, optometrist, physician assistant, or ancillary personnel employed under the supervision of a physician) in that the individual's primary current activity is the provision of health care to individuals or the administration of facilities or institutions (including hospitals, long-term care facilities, rehabilitation facilities, alcohol and drug abuse treatment facilities, outpatient facilities, and health maintenance organizations) in which such care is provided and, when required by State law, the individual has received professional training in the provision of such care or in such administration and is licensed or certified for such provision or administration; "(B) who holds a fiduciary position with, or has a fiduciary interest in, any entity described in clause (ii) or (iv) of subparagraph (C) other than an entity described in such clause which is also an entity described in section 501(c)(3) of the Internal Revenue Code of 1954 and which does not have as its primary purpose the delivery of health care, the conduct of research, the conduct of instruction for health professionals, or the production of drugs or articles described in clause (iii) of subparagraph (C); "(C) who receives (either directly or through the individual's spouse) more than one-fifth of his gross annual income from any one or combination of— "(i) fees or other compensation for research into or instruction in the provision of health care, "(ii) entities engaged in the provision of health care or in research or instruction in the provision of health care, "(iii) producing or supplying drugs or other articles for individuals or entities for use in the provision of or in research into or instruction in the provision of health care, or "(iv) entities engaged in producing drugs or such other articles; "(D) who is the member of the immediate family of an individual described in subparagraph (A), (B), or (C); or "(E) who is engaged in issuing any policy or contract of individual or group health insurance or hospital or medical service benefits. An individual shall not be considered a provider of health care solely because the individual is the member of the governing board of an entity described in clause (ii) or (iv) of subparagraph (C).". (e) Section 1512(b)(3)(C)(iv) is amended (1) by striking out "of its members", and (2) by adding before the period at the end a comma and the following "except that appointments shall be made to such subcommittees and groups in such a manner that a majority of their members shall be consumers of health care". GOVERNING BODY SELECTION

42 USC 300/-1.

SEC. 109. Section 1512(b)(3) is amended by adding after subparagraph (C) the following new subparagraph: "(D) SELECTION.—Each health systems agency shall establish a process for the selection of the members of its governing body

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