109 STAT. 778 PUBLIC LAW 104-73 —DEC. 26, 1995 (2) in subsection (k)(3), by inserting "governing board member," after "officer,". SEC. 4. COVERAGE FOR SERVICES FURNISHED TO INDIVIDUALS OTHER THAN CENTER PATIENTS. Section 224(g)(1) (42 U.S.C. 233(g)) is amended— (1) by redesignating paragraph (1) as paragraph (1)(A); and (2) by adding at the end thereof the following: "(B) The deeming of any entity or officer, governing board member, employee, or contractor of the entity to be an employee of the Public Health Service for purposes of this section shall apply with respect to services provided— "(i) to all patients of the entity, and "(ii) subject to subparagraph (C), to individuals who are not patients of the entity. "(C) Subparagraph (B)(ii) applies to services provided to individuals who are not patients of an entity if the Secretary determines, after reviewing an application submitted under subparagraph (D), that the provision of the services to such individuals— "(i) benefits patients of the entity and general populations that could be served by the entity through community-wide intervention efforts within the communities served by such entity; "(ii) facilitates the provision of services to patients of the entity; or "(iii) are otherwise required under an employment contract (or similar arrangement) between the entity and an officer, governing board member, employee, or contractor of the entity.". SEC. 5. APPLICATION PROCESS. (a) APPLICATION REQUIREMENT. —Section 224(g)(1) (42 U.S.C. 233(g)(1)) (as amended by section 4) is further amended— (1) in subparagraph (A), by inserting after "For purposes of this section" the following: "and subject to the approval by the Secretary of an application under subparagraph (D)"; and (2) by adding at the end thereof the following: "(D) The Secretary may not under subparagraph (A) deem an entity or an officer, governing board member, employee, or contractor of the entity to be an employee of the Public Health Service for purposes of this section, and may not apply such deeming to services described in subparagraph (B)(ii), unless the entity has submitted an api^ication for such deeming to the Secretary in such form and such manner as the Secretary shall prescribe. The application shall contain detailed information, along with supporting documentation, to verify that the entity, and the officer, governing board member, employee, or contractor of the entity, as the case may be, meets the requirements of subparagraphs (B) and (C) of this paragraph and that the entity meets the requirements of paragraphs (1) through (4) of subsection (h). "(E) The Secretary shall make a determination of whether an entity or an officer, governing board member, employee, or contractor of the entity is deemed to be an employee of the Public Health Service for purposes of this section within 30 days after the receipt of an application under subparagraph (D). The determination of the Secretary that an entity or an officer, governing board member, employee, or contractor of the entity is deemed
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