68 S T A T. ]
PUBLIC LAW 482-JULY 12, 1954
465
section or under section 654 shall, at any time within twenty years after the completion of construction, (A) be sold or transferred to any person, agency, or organization, (1) which is not qualified to file an application under this section, or (2) which is not approved as a transferee by the State agency designated pursuant to section 623(a) "^^ "^c 29if. (1), or its successor, or (B) cease to be a nonprofit hospital, nonprofit diagnostic or treatment center, nonprofit rehabilitation facility, or nonprofit nursing home as defined in section 631(g), the United States ^"a* shall be entitled to recover from either the transferor or the transferee (or, in the case of a hospital, diagnostic or treatment center, rehabilitation facility, or nursing home, which has ceased to be nonprofit, from the owners thereof) an amount bearing the same ratio to the then value (as determined by agreement of the parties or by action brought in the district court of the United States for the district in which such hospital, center, facility, or nursing home is situated) of so much of the hospital, center, facility, or nursing home as constituted an approved project or projects, as the amount of the Federal participation bore to the cost of the construction of such project or projects."' (c) Subsection (g) of section 633 is amended to read: '•s use 29n. " (g) The terms'nonprofit hospital', Tionprofit diagnostic or treat- j'^°fP'"°^^* *>**•" ment center', 'nonprofit rehabilitation facility', and 'nonprofit nursing home' mean any hospital, diagnostic or treatment center, rehabilitation facility, and nursing home, as the case may be, which is owned and operated by one or more nonprofit corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual;". (d) Subsection (h) of section 631 is amended to read: 42 USC 2911. " (h) The term 'construction' includes construction of new build- "Construction." ings, expansion, remodeling, and alteration of existing buildings, and initial equipment of any such buildings (including medical transportation facilities); including architects' fees, but excluding the cost of off-site improvements and, except with respect to public health centers, the cost of the acquisition of land;". (e) Subsection (k) of section 631 is amended to read: 42 USC 2911. " (k)(1) The term 'Federal share' with respect to any project means "Federal share/' the proportion of the cost of construction of such project to be paid by the Federal Government. In the case of any project approved prior to October 25, 1949, the Federal share shall be 33i^ per centum of the cost of construction of such project. In the case of any project approved on or after October 25, 1949, the Federal share, except as otherwise provided in paragraph (2) of this subsection, shall be determined as follows— " (A) if the State plan, as of the date of approval of the project application, contains standards approved by the Surgeon General pursuant to section 623(e), the Federal share with respect to such ••2 USC 29if. project shall be determined by the State agency in accordance with such standards; " (B) if the State plan does not contain such standards, the Federal share shall be the amount (not less than 331^ per centum and not more than either 66% per centum or the State's allotment percentage, whichever is the lower) established by the State agency for all projects in the State: Provided, That prior to the approval of the first project in the State during any fiscal year, the State agency shall give to the Surgeon General written notification of the Federal share established under this subparagraph for projects in such State to be approved by the Surgeon General during such fiscal year, and the Federal share for projects in such State approved during such fiscal year shall not be changed after such approval.
39777 O—55—pt. 1
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