Page:United States Statutes at Large Volume 93.djvu/671

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PUBLIC LAW 96-000—MMMM. DD, 1979

PUBLIC LAW 96-79—OCT. 4, 1979 by the Secretary for the administration of the grants authorized by section 1641. "(3) The Secretary of Labor shall review each application submitted under subsection (b) to determine if the arrangements described in paragraph (1) have been made and if they are satisfactory and shall notify the Secretary respecting his determination. Such review shall be completed within— (A) ninety days from the date of the receipt of the application from the Secretary of Health, Education, and Welfare, or "(B) one hundred and twenty days from such date if the Secretary of Labor has by regulation prescribed the circumstances under which the review will require at least one hundred and twenty days. If within the applicable period, the Secretary of Labor does not notify the Secretary of Health, Education, and Welfare respecting his determination, the Secretary of Health, Education, and Welfare shall review the application to determine if the applicant has made the arrangements described in paragraph (1) and if such arrangements are satisfactory. The Secretary may not approve the application unless he determines that such arrangements have been made and that they are satisfactory. "(d) The records and audits requirements of section 705 shall apply with respect to grants made under subsection (a). "(e) For purposes of this part, the term 'hospital' means, with respect to any fiscal year, an institution (including a distinct part of an institution participating in the programs established under title XVIII of the Social Security Act)— "(1) which satisfies paragraphs (1) and (7) of section 1861(e) of such Act, "(2) imposes charges or accepts payments for services provided to patients, and (3) the average duration of a patient's stay in which was thirty days or less in the preceding fiscal year, but such term does not include a Federal hospital or a psychiatric hospital (as described in section 1861(f)(1) of the Social Security Act).

93 STAT. 639 Ante, p. 636.

42 USC 292e.

42 USC 1395.

42 USC I395x.

GRANTS TO STATES FOR REDUCTION OF EXCESS HOSPITAL CAPACITY

"SEC. 1643. (a) For the purpose of demonstrating the effectiveness 42 USC 300t-i3. of various means for reducing excesses in resources and facilities of hospitals (referred to in this section as 'excess hospital capacity'), the Secretary may make grants to State Agencies designated under section 1521(b)(3) to assist such Agencies in— 42 USC 300m. "(1) identifying (by geographic region or by health service) excess hospital capacity, "(2) developing programs to inform the public of the costs associated with excess hospital capacity, "(3) developing programs to reduce excess hospital capacity in a manner which will produce the greatest savings in the cost of health care delivery, "(4) developing means to overcome barriers to the reduction of excess hospital capacity, "(5) in planning, evaluating, and carrying out programs to decertify health care facilities providing health services that are not appropriate, and "(6) any other activity related to the reduction of excess hospital capacity. "(b) Grants under subsection (a) shall be made on such terms and conditions as the Secretary may prescribe.