Page:United States Statutes at Large Volume 93.djvu/657

 PUBLIC LAW 96-79—OCT. 4, 1979 torily fulfill and of any requirements which the Secretary has determined it has not met; "(ii) provided the State Agency 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 action proposed to be taken by the Secretary; and "(iii) in the case of a proposed termination, consulted with the National Council on Health Planning and Development respecting the termination.". (b)(1)(A) Paragraphs (3) and (4) of section 1521(b) are each amended by striking out "twelve months" and inserting in lieu thereof "thirtysix months". (B) The amendments made by subparagraph (A) shall apply with respect to designation agreements entered into under section 1521(b)(3) of the Public Health Service Act after the date of the enactment of this Act. (2) Section 1521(b)(3) is amended— (A) by inserting "(A)" after "(3)", (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 designated State Agency is not complying with the provisions of such agreement.", and (D) by adding at the end the following: "(B) Before the Secretary may terminate an agreement with a designated State Agency under subparagraph (A)(ii), the Secretary shall— "(i) consult with the Statewide Health Coordinating Council of the State for which the State Agency is designated respecting the proposed termination, "(ii) give the State Agency 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 State Agency is not in compliance with the agreement, and (II) the actions that the State Agency should take to come into compliance with the agreement, and "(iii) provide the State Agency 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 consulting with the National Council on Health Planning and Development 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 State Agency 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 State Agency an opportunity for a hearing on the matter specified in the notice.". (c)(1)(A) Section 1522(b)(13) is amended by striking out ", (g), or (h)" and inserting in lieu thereof "or (g)". (B) Section 1513(a) is amended by striking out "through (h)" and inserting in lieu thereof "through (g)". (2) Paragraph (3) of section 1523(a) is amended by striking out "review of the State medical facilities plan required under section 1603, and in the".

59-194 O — 81

42: QL3

93 STAT. 625

42 USC 300m.

42 USC 300m note.

Termination agreement conditions.

Nonrenewal of agreement; notice, hearing.

42 USC 300m-1. Ante, pp. 595, 604. 42 USC 300m-2.

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