PUBLIC LAW 105-392—NOV. 13, 1998 112 STAT. 3571 "(ii) The use of whole rather than fractional counts in determining the number of health care providers. "(iii) The counting of only employed health care providers in determining the number of health care providers. "(iv) The number of families whose income is less than 200 percent of the official poverty line (as established by the Director of the Office of Management and Budget and revised by the Secretary in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981). "(v) The rate of infant mortality and the rate of low-birthweight births. "(vi) The percentage of the general population constituted by individuals who are members of racial or ethnic minority groups, stated both by minority group and in the aggregate. "(vii) The percentage of the general population constituted by individuals who are of Hispanic ethnicity, "(viii) The number of individuals residing in health professional shortage areas, and the number of individuals who are members of medically underserved populations. "(ix) The percentage of the general population constituted by elderly individuals. "(x) The extent to which the populations served have a choice of providers. "(xi) The impact of care on hospitalizations and emergency room use. "(xii) The number of individuals who lack proficiency in speaking the English language. "(xiii) Such additional factors as the Secretary determines to be appropriate. "(3) REPORT TO CONGRESS. —Not later than 30 days after Deadline. the completion of the development of the methodology required in paragraph (1), the Secretary shall submit to the Committee on Commerce of the House of Representatives, and to the Committee on Labor and Human Resources of the Senate, a report describing the methodology and explaining the effects of the methodology on the allocation among parts B, C, and D (and programs within such parts) of amounts appropriated under subsection (a) for the first fiscal year for which the methodology will be in effect. Such explanation shall include a comparison of the allocation for such fiscal year with the allocation made under this section for the preceding fiscal year. "(d) USE OF METHODOLOGY BEFORE FISCAL YEAR 2003.—W ith Deadline. respect to the fiscal years 1999 through 2002, if the report required in subsection (c)(3) is submitted in accordance with such subsection not later than 90 days before the beginning of such a fiscal year, the Secretary may for such year implement the methodology described in the report (rather than implementing the methodology in fiscal year 2003), in which case subsection (b) ceases to be in effect. The authority under the preceding sentence is subject to the condition that the fiscal year for which the methodology is implemented be the same fiscal year identified in such report as the fiscal year for which the methodology will first be in effect.
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