Page:United States Statutes at Large Volume 97.djvu/1378

 97 STAT. 1346 PUBLIC LAW 98-194—DEC. 1, 1983 Waiver. Payment to U.S. Proposed budget, submittal to Secretary. (4) by inserting "is not a small health center and which" after "for any entity which" in such paragraph; (5) by inserting "and does not, pursuant to paragraph (5), require payment by the entity in the amount described in subsection (f)(D/' after "paragraph (1) or (2)," in paragraph (3); and (6) by adding at the end thereof the following new paragraph: "(5)(A) If the Secretary determines that an entity which is not a small health center is eligible for a waiver under paragraph (1) or (2), the Secretary may waive the application of subsection (a)(3) for such entity and require such entity to make payment in an amount equal to the amount described in subsection (fKD that would be payable by such entity if such entity were a small health center. "(B) The Secretary may waive in whole or in part, on a prospective or retrospective basis, the application of the requirement of subpara- graph (A) for any entity if the Secretary determines that the entity is financially unable to meet such requirement or that compliance with such requirement would unreasonably limit the ability of the entity to provide for the adequate support of the provision of health services by Corps members. Funds which would be paid to the United States but for a waiver under this subparagraph shall be used by an entity to— "(i) expand or improve its provision of health services; "(ii) increase the number of individuals served; "(iii) renovate or modernize facilities for its provision of health services; "(iv) improve the administration of its health service pro- grams; or "(v) to establish a financial reserve to assure its ability to continue providing health services. ". (c) Subsection (c) of such section is amended— (1) by inserting "which is not a small health center" after "an entity"; (2) by inserting "or subsection (b)(5)(A)" before "shall be used by the entity". (d) Such section is amended by adding at the end thereof the following new subsection: "(f)(1) An entity which is a small health center shall pay to the United States, as prescribed by the Secretary in each calendar quarter (or other period as may be specified in the agreement) during which any Corps member is assigned to such entity, an amount equal to the amount (prorated for a calendar quarter or other period) by which the revenues that the center may reasonably expect to receive during an annual period for the provision of health services exceeds the costs that the center may reasonably expect to incur in the provision of such services, except that the amount that an entity shall pay to the United States under this paragraph shall not exceed the amount such entity would pay to the United States under paragraph (3) of subsection (a) if such paragraph applied to such entity. "(2)(A) To determine for purposes of paragraph (1) the revenues and costs which an entity that is a small health center may reason- ably be expected to receive and incur in an annual period for the provision of health services, the entity shall submit to the Secretary before the beginning of such period a proposed budget which—

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