Page:United States Statutes at Large Volume 93.djvu/636

 93 STAT. 604

PUBLIC LAW 96-79—OCT. 4, 1979

payment of damages under any law of the United States or any State (or political subdivision of a State) if he believed he was acting within the scope of his duty, function, or activity as such a member or employee, and, with respect to such performance, acted without gross negligence or malice toward any person affected by it. "(B) EXCEPTION.—Subparagraph (A) does not apply with respect to civil actions for bodily injury to individuals or physical damages to property brought against a health systems agency or any member of the governing body of or employee of such an agency.". 42 USC 300m-3. (2) Section 1524 is amended by adding at the end thereof the following new subsection: "(d) No individual who as a member or employee of a SHCC shall, by reason of his performance of any duty, function, or activity required of, or authorized to be undertaken by, the SHCC, be liable for payment of damages under any law of the United States or any State (or political subdivision of a State) if he believed he was acting within the scope of his duty, function, or activity as such a member or employee, and acted, with respect to that performance, without gross negligence or malice toward any person affected by it.". 42 USC 300Z-1. (e)(1) The first sentence of section 1512(b)(3)(A) is amended by Ante, p. 603. striking out "to perform for the agency" and inserting in lieu thereof "to perform". (2)(A) Section 1512(b)(3)(B)(ii) is amended by inserting before the semicolon the following: "and in the case of a health systems agency which is a public regional planning body or unit of general local government, the planning body or unit of government shall be given, 42 USC 300/-2. in accordance with sections 1513(b)(2) and 1513(b)(3), a reasonable Infra. opportunity to comment on the health systems plan and annual implementation plan proposed by the governing body and to propose additions to and other revisions in it". Exemption. (B) The amendment made by subparagraph (A) shall not apply with 42 USC 300/-1 respect to a health systems agency for which a designation under note. 42 USC 300Z-4. section 1515 of the Public Health Service Act was in effect on January 1, 1979, and which is a unit of general local government. 42 USC 300/-1. (3) Clauses (iii) and (iv) of section 1512(b)(3)(B) are each amended by Ante, p. 603. striking out "approval" and inserting in lieu thereof "approval or disapproval". 42 USC 300/-2. (4) Section 1513(b)(2) is amended by adding at the end the following: "If the health systems agency is a public regional planning body or unit of general local government, the planning body or unit of government shall be given a reasonable opportunity to comment on the proposed HSP and to propose additions to and other revisions in it. Any such proposed additions or other revisions not included in the HSP established by the agency shall be appended to the HSP. If the goals contained in the HSP are not consistent with guidelines issued by the Secretary under section 1501, it shall provide the State health planning and development agency and the Secretary with a detailed statement of the reasons for the inconsistency between such goals and guidelines. When making such HSP available to a Statewide Health Coordinating Council under section 1524(c)(2)(A), the agency shall also report such statement to such Council.". 42 USC 300Z-2. (f) Section 1513(a) is amended by adding after the first sentence the following: "None of the funds authorized to be appropriated under this title may be used by a health systems agency directly to pay any individual to influence the issuance, amendment, or revocation of any Executive order or regulation by any Federal, State, or local chief executive officer or agency or to influence the passage, amendment or

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