Page:United States Statutes at Large Volume 99 Part 1.djvu/569

 PUBLIC LAW 99-129—OCT. 22, 1985

99 STAT. 547

"(b) The transferor and transferee of a facility that is sold or transferred as described in subsection (a)(1), or the owner of a facility the use of which changes as described in subsection (a)(2), shall provide the Secretary written notice of such sale, transfer, or change within 10 days after the date on which such sale, transfer, or cessation of use occurs or within 30 days after the date of enactment of this subsection, whichever is later. "(c)(l) The base amount that the United States is entitled to recover under subsection (a) is the amount bearing the same ratio to the then value (as determined by the agreement of the parties or in an action brought in the district court of the United States for the district in which the facility is situated) of so much of the facility as constituted an approved project or projects as the amount of the Federal participation bore to the cost of the remodeling, construction, expansion, or acquisition of the project or projects. "(2)(A) The interest that the United States is entitled to recover under subsection (a) is the interest for the period (if any) described in subparagraph (B) at a rate (determined by the Secretary) based on the average of the bond equivalent rates of ninety-one-day Treasury bills auctioned during that period. "(B) The period referred to in subparagraph (A) is the period beginning— "(i) if notice is provided as prescribed by subsection (b), 191 days after the date on which such sale, transfer, or cessation of use occurs, or "(ii) if notice is not provided as prescribed by subsection (b), 11 days after such sale, transfer, or cessation of use occurs, and ending on the date the amount the United States is entitled to recover is collected. "(d) The Secretary may waive the recovery rights of the United States under subsection (a)(2) with respect to a facility (under such conditions as the Secretary may establish by regulation) if the Secretary determines that there is good cause for waiving such rights. "(e) The right of recovery of the United States under subsection (a) Prohibition shall not, prior to judgment, constitute a lien on any facility.". (b) In the case of any facility that was or is constructed, 42 USC 300aa-14 remodeled, expanded, or acquired on or before the date of enactment note. of this Act or within 180 days after the date of enactment of this Act, the period described in clause (i) or (ii), as the case may be, of section 2115(c)(2)(B) of the Public Health Service Act (as amended by subsection (a) of this section) shall begin no earlier than 181 days after the date of enactment of this Act. (c) The amendments made by subsection (a) of this section shall 42 USC 300aa-14 note. not adversely affect other legal rights of the United States. NURSING EDUCATION IN GERIATRICS

SEC. 227. (a)(l) Section 820(a) is amended by redesignating paragraphs (4), (5), (6), (7), and (8) as paragraphs (5), (6), (7), (8), and (9), respectively, and by inserting after paragraph (3) the following new paragraph: "(4) demonstrate improved geriatric training in preventive care, acute care, and long-term care (including home health care and institutional care);". (2) Section 820(d) is amended—

Ante, p. 393.

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