§ 1395hhh. Health care infrastructure improvement program

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1935

   Medicare Prescription Drug, Improvement, and Modernization Act of 2003

   Pub. L. 108–173 title X § 1016 · 117 Stat. 2066

   Enacted · 42 U.S.C. § 1395hhh

   Aug. 14, 1935, ch. 531, title XVIII, § 1897, as added Pub. L. 108–173, title X, § 1016, Dec. 8, 2003, 117 Stat. 2447

   Source evidence

   Code source credit
   Aug. 14, 1935, ch. 531, title XVIII, § 1897, as added Pub. L. 108–173, title X, § 1016, Dec. 8, 2003, 117 Stat. 2447

   Enacted provision · exact public law section
   SEC. 1016. HEALTH CARE INFRASTRUCTURE IMPROVEMENT PROGRAM.   Title XVIII is amended by adding at the end the following new section: “Sec. 1897. “health care infrastructure improvement program (a) Establishment.— The Secretary shall establish a loan program that provides loans to qualifying hospitals for payment of the capital costs of projects described in subsection (d). “(b) Application.— No loan may be provided under this section to a qualifying hospital except pursuant to an application that is submitted and approved in a time, manner, and form specified by the Secretary. A loan under this section shall be on such terms and conditions and meet such requirements as the Secretary determines appropriate. “(c) Selection Criteria.— “(1) In general.— The Secretary shall establish criteria for selecting among qualifying hospitals that apply for a loan under this section. Such criteria shall consider the extent to which the project for which loan is sought is nationally or regionally significant, in terms of expanding or improving the health care infrastructure of the United States or the region or in terms of the medical benefit that the project will have. “(2) Qualifying hospital defined.— For purposes of this section, the term ‘qualifying hospital’ means a hospital that— “(A) is engaged in research in the causes, prevention, and treatment of cancer; and “(B) is designated as a cancer center for the National Cancer Institute or is designated by the State as the official cancer institute of the State. “(d) Projects.— A project described in this subsection is a project of a qualifying hospital that is designed to improve the health care infrastructure of the hospital, including construction, renovation, or other capital improvements. “(e) State and Local Permits.— The provision of a loan under this section with respect to a project shall not— “(1) relieve any recipient of the loan of any obligation to obtain any required State or local permit or approval with respect to the project; “(2) limit the right of any unit of State or local government to approve or regulate any rate of return on private equity invested in the project; or “(3) otherwise supersede any State or local law (including any regulation) applicable to the construction or operation of the project. “(f) Forgiveness of Indebtedness.— The Secretary may forgive a loan provided to a qualifying hospital under this section under terms and conditions that are analogous to the loan forgiveness provision for student loans under part D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.), except that the Secretary shall condition such forgiveness on the establishment by the hospital of— “(A) an outreach program for cancer prevention, early diagnosis, and treatment that provides services to a substantial majority of the residents of a State or region, including residents of rural areas; “(B) an outreach program for cancer prevention, early diagnosis, and treatment that provides services to multiple Indian tribes; and “(C) (i) unique research resources (such as population databases); or “(ii) an affiliation with an entity that has unique research resources. “(g) Funding.— “(1) In general.— There are appropriated, out of amounts in the Treasury not otherwise appropriated, to carry out this section, $200,000,000, to remain available during the period beginning on July 1, 2004, and ending on September 30, 2008. “(2) Administrative costs.— From funds made available under paragraph (1), the Secretary may use, for the administration of this section, not more than $2,000,000 for each of fiscal years 2004 through 2008. “(3) Availability.— Amounts appropriated under this section shall be available for obligation on July 1, 2004. “(h) Report to Congress.— Not Loans. later than 4 years after the date of the enactment of this section, the Secretary shall submit to Congress a report on the projects for which loans are provided under this section and a recommendation as to whether the Congress should authorize the Secretary to continue loans under this section beyond fiscal year 2008.” .

   Effective date note
   Pub. L. 109–13, div. A, title VI, § 6045(c), May 11, 2005, 119 Stat. 295, provided that: “The amendments made by this section [amending this section] shall take effect as if included in the enactment of section 1016 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108–173; 117 Stat. 2447).”

2. 2005

   Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005

   Pub. L. 109–13 § 6045(a)(1)(A) · 119 Stat. 231

   Inserted · 42 U.S.C. § 1395hhh(c)(2)

   Pub. L. 109–13, § 6045(a)(1)(A), inserted “or an entity described in paragraph (3)” after “means a hospital” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (c)(2). Pub. L. 109–13, § 6045(a)(1)(A), inserted “or an entity described in paragraph (3)” after “means a hospital” in introductory provisions.

   Enacted provision · exact public law section
   (A) in the matter preceding subparagraph (A), by inserting “or an entity described in paragraph (3)” after “means a hospital”; and

   Effective date note
   Pub. L. 109–13, div. A, title VI, § 6045(c), May 11, 2005, 119 Stat. 295, provided that: “The amendments made by this section [amending this section] shall take effect as if included in the enactment of section 1016 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108–173; 117 Stat. 2447).”

3. 2005

   Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005

   Pub. L. 109–13 § 6045(a)(1)(B) · 119 Stat. 231

   Inserted · 42 U.S.C. § 1395hhh(c)(2)(B)

   Pub. L. 109–13, § 6045(a)(1)(B), inserted “legislature” after “designated by the State” and “and such designation by the State legislature occurred prior to December 8, 2003” before period at end

   Source evidence

   Code amendment note
   Subsec. (c)(2)(B). Pub. L. 109–13, § 6045(a)(1)(B), inserted “legislature” after “designated by the State” and “and such designation by the State legislature occurred prior to December 8, 2003” before period at end.

   Enacted provision · exact public law section
   (B) in subparagraph (B)— (i) by inserting “legislature” after “State” the first place it appears; and (ii) by inserting “and such designation by the State legislature occurred prior to December 8, 2003” before the period at the end; and

   Effective date note
   Pub. L. 109–13, div. A, title VI, § 6045(c), May 11, 2005, 119 Stat. 295, provided that: “The amendments made by this section [amending this section] shall take effect as if included in the enactment of section 1016 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108–173; 117 Stat. 2447).”

4. 2005

   Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005

   Pub. L. 109–13 § 6045(a)(2) · 119 Stat. 231

   Added · 42 U.S.C. § 1395hhh(c)(3)

   Pub. L. 109–13, § 6045(a)(2), added par. (3)

   Source evidence

   Code amendment note
   Subsec. (c)(3). Pub. L. 109–13, § 6045(a)(2), added par. (3).

   Enacted provision · exact public law section
   (2) by adding at the end the following new paragraph: “(3) Entity described.— An entity described in this paragraph is an entity that— “(A) is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; “(B) has at least 1 existing memorandum of understanding or affiliation agreement with a hospital located in the State in which the entity is located; and “(C) retains clinical outpatient treatment for cancer on site as well as lab research and education and outreach for cancer in the same facility.” .

   Effective date note
   Pub. L. 109–13, div. A, title VI, § 6045(c), May 11, 2005, 119 Stat. 295, provided that: “The amendments made by this section [amending this section] shall take effect as if included in the enactment of section 1016 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108–173; 117 Stat. 2447).”

5. 2005

   Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005

   Pub. L. 109–13 § 6045(b) · 119 Stat. 231

   Added · 42 U.S.C. § 1395hhh(i)

   Pub. L. 109–13, § 6045(b), added subsec. (i)

   Source evidence

   Code amendment note
   Subsec. (i). Pub. L. 109–13, § 6045(b), added subsec. (i).

   Enacted provision · exact public law section
   (b) Limitation on Review.— Section 1897 of the Social Security Act (42 U.S.C. 1395hhh(c)) is amended by adding at the end the following new subsection: “(i) Limitation on Review.— There shall be no administrative or judicial review of any determination made by the Secretary under this section.” .

   Effective date note
   Pub. L. 109–13, div. A, title VI, § 6045(c), May 11, 2005, 119 Stat. 295, provided that: “The amendments made by this section [amending this section] shall take effect as if included in the enactment of section 1016 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108–173; 117 Stat. 2447).”

5 of 5 references resolved to an enrolled provision