Page:United States Statutes at Large Volume 93.djvu/654

 93 STAT. 622 42 USC 300/-2.

Proposed use of Federal funds, availability for State use, review.

PUBLIC LAW 96-79—OCT. 4, 1979

(3) The first sentence of section 1513(e)(1)(B) is amended by striking out "under title IV, VII, or VIII of this Act" and all that follows in such sentence and inserting in lieu thereof the following: "for research or training unless the grants or contracts are to be made, entered into, or used for the development, expansion, or support of health resources which, in the case of grants or contracts for training, would make a significant change in the health services available in the health service area or which, in the case of grants or contracts for research, would significantly change the delivery of health services, or the distribution or extent of health resources, available to persons in the health service area other than those who are participants in such research.". (4) Section 1513(e)(2) is amended— (A) by striking out "such paragraph" in the first sentence and inserting in lieu thereof "paragraph (l)(A)(i)", and (B) by striking out " I f in the second sentence and inserting in lieu thereof "If under paragraph (l)(A)(i)". (5) Section 1513(e) is amended by redesignating paragraph (3) as paragraph (4) and by inserting after paragraph (2) the following new paragraph: "(3) The Governor of a State shall allow health systems agencies sixty days to make the review required by paragraph (l)(A)(ii). If under such paragraph an agency disapproves a proposed use of Federal funds in its health service area, the Governor may not make such Federal funds available for such use until he has made, upon request of the entity making such proposal, a review of the agency decision. In making any such review of any agency decision, the Governor shall give the State health planning and development agency an opportunity to consider the decision of the health systems agency and to submit to the Governor its comments on the decision. The Governor, after taking into consideration such State Agency's comments (if any), may make such Federal funds available for such use, notwithstanding the disapproval of the health systems agency. Each such decision by the Governor to make funds available shall be submitted to the appropriate health systems agency and State health planning and development agency and shall contain a detailed statement of the reasons for the decision.". COORDINATION OF HEALTH PLANNING WITH RATE REVIEW

42 USC 300Z-2.

SEC. 120. (a) Section 1513(d) is amended (1) by redesignating paragraph (4) as paragraph (5); (2) by striking out "and" in paragraph (3); and (3) by adding after paragraph (3) the following new paragraph: "(4) any entity of the State in which the agency is located which reviews the rates or budgets of health care facilities located in the agency's health service area, and". Ante, p. 607. (b) Section 1522(b)(7)(A) is amended by inserting before the comma at the end the following: "and for the coordination by the State Agency in the conduct of its activities with any entity of the State which reviews the rates or budgets of health care facilities in the State". 42 USC 300m-5. (c)(1) Section 1526 is amended— (A) by striking out "(not later than six months after the date of the enactment of this title)" in the first sentence of subsection (a); and (B) by striking out the last sentence of subsection (a). (2) Such section is further amended—

�