Black Lung Legislation 2

Public Health Service, HHS

§ 55a.101

collateral for an issue of tax-exempt
securities.

FEDERAL REGISTER to announce the
proposed amount.

[48 FR 42984, Sept. 21, 1983]

[51 FR 39376, Oct. 28, 1986]

§ 53.156 Fees
quests.

for

modification

re-

(a) Fees will be charged for the processing of requests for parity, and for
major and minor modifications of the
terms of documents evidencing and securing direct and guaranteed loans. In
accordance with the requirements of
the User Charge Statute, 31 U.S.C.
9701(b), the Secretary determines the
amount of the application fee that
must be submitted with each type of
modification.
(1) As used in this section, a request
for parity allows new debt to share lien
position (i.e. collateral) with an existing Hill-Burton loan.
(2) As used in this section, a major
modification is any modification involving the release of $100,000 or more of
collateral; a corporate restructuring
that involves a transfer of assets; master indenture requests; modifications
to a sinking fund; defeasance requests
and requests for additional secured indebtedness; and any, other modification that involves a comparably significant use of Department resources.
(3) As used in this section, a minor
modification is any modification involving the release of less than $100,000 of
collateral; an easement; and any other
modification that involves a comparable use of Department resources.
(b) A request for modification is to be
accompanied by a certified check or
money order in the amount of the appropriate fee, payable to the U.S.
Treasury. The fees for modification requests submitted on or after October
28, 1986 are as follows:
(1) $1,500 for a minor modification,
(2) $4,500 for a major modification,
and
(3) $5,500 for a request for parity.
(c) A submitter may withdraw its request for modification within 10 business days following its receipt and receive a refund of the fee.
(d) If the Secretary determines that a
change in the amount of a fee is appropriate, the Department will issue a notice of proposed rulemaking in the

PART 55a—PROGRAM GRANTS
FOR BLACK LUNG CLINICS
Subpart A—General Provisions
Sec.
55a.101 Definitions.
55a.102 Who is eligible to apply for a Black
Lung clinics grant?
55a.103 What criteria has HHS established
for deciding which grant application to
fund?
55a.104 What confidentiality requirements
must be met?
55a.105 How must grantees carry out their
projects?
55a.106 Provision for waiver by the Secretary.
55a.107 What other regulations apply?

Subpart B—Grants to States
55a.201 What is required for a State application?

Subpart C—Grants to Entities Other Than
States
55a.301 What is required for an application
from an entity other than a State?
AUTHORITY: Sec. 427(a), Federal Mine Safety and Health Act of 1977, 92 Stat. 100 (30
U.S.C. 937(a)).
SOURCE: 50 FR 7913, Feb. 27, 1985, unless
otherwise noted.

Subpart A—General Provisions
§ 55a.101

Definitions.

Act, as used in this part, means the
Federal Mine Safety and Health Act of
1977, as amended (30 U.S.C. 801 et seq.).
Secretary means the Secretary of
Health and Human Services and any
other officer or empolyee of the Department of Health and Human Services to whom the authority involved
has been delegated.
Miner or coal miner means any individual who works or has worked in or
around a coal mine or coal preparation
facility in the extraction or preparation of coal. The term also includes an
individual who works or has worked in
coal mine construction or transportation in or around a coal mine, to the

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§ 55a.102

42 CFR Ch. I (10–1–00 Edition)

extent that the individual was exposed
to coal dust as a result of employment.

§ 55a.107 What
apply?

§ 55a.102 Who is eligible to apply for a
Black Lung clinics grant?

Other regulations which apply to the
Black Lung Clinics Program include,
but are not limited to, the following:

Any State or public or private entity
may apply for a grant under this part.
§ 55a.103 What criteria has HHS established for deciding which grant application to fund?
(a) The Secretary will give preference
to a State, which meets the requirements of this part and applies for a
grant under this part, over other applicants in that State.
(b) Within the limits of funds available for these purposes the Secretary
may award grants to assist in the carrying out of those programs which will
in the Secretary’s judgment best promote the purposes of section 427(a) of
the Act, taking into account;
(1) The number of miners to be served
and their needs; and
(2) The quality and breadth of services to be provided.

§ 55a.105 How must grantees carrry
out their projects?
Grantees must carry out their
projects in accordance with their applications and the provisions of this part.
§ 55a.106 Provision for waiver by the
Secretary.
The Secretary may, for good cause
shown, waive provisions of these regulations.

regulations

42 CFR part 50, subpart D—Public Health
Service grant appeals procedure;
42 CFR part 50, subpart E—Maximum allowable cost for drugs;
45 CFR part 16—Procedures of the Departmental Grant Appeals Board;
45 CFR part 19—Limitations on payment or
reimbursement for drugs;
45 CFR part 74—Administration of grants;
45 CFR part 75—Informal grant appeals procedures;
45 CFR part 80—Nondiscrimination under
programs receiving Federal assistance
through the Department of Health and
Human Services effectuation of title VI of
the Civil Rights Act of 1964;
45 CFR part 81—Practice and procedure for
hearings under part 80;
45 CFR part 84—Nondiscrimination on the
basis of handicap in programs and activities receiving or benefiting from Federal
financial assistance; and
45 CFR part 91—Nondiscrimination on the
basis of age in HHS programs or activities
receiving Federal financial assistance.

§ 55a.104 What confidentiality requirements must be met?
All information as to personal facts
and circumstances obtained by the
grantee’s staff about recipients of services shall be held confidential and shall
not be disclosed without the individual’s consent except as may be required
by law or as may be necessary to provide service to the individual or to provide for audits with appropriate safeguards for confidentiality of patient
records. Otherwise, information may be
disclosed only in summary, statistical,
or other form which does not identify
particular individuals.

other

Subpart B—Grants to States
§ 55a.201 What is required for a State
application?
An approvable State application
must contain assurances that the State
will:
(a) Provide the following services for
active and inactive miners in the
State:
(1) Primary care;
(2) Patient and family education and
counseling;
(3) Outreach;
(4) Patient care coordination, including individual patient care plans for all
patients;
(5) Antismoking advice; and
(6) Other symptomatic treatments.
(b) Provide medical services in consultation with a physician with special
training or experience in the diagnosis
and treatment of respiratory diseases.
(c) Meet all criteria for approval and
designation by the Department of
Labor under 20 CFR part 725 to perform
disability examination and provide
treatment under the Act.

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Public Health Service, HHS

Pt. 56

(d) Use grant funds under this part to
supplement and not supplant existing
services of the State.
(e) Provide the services described
above for those miners previously
served by a Black Lung Clinic in the
State for which grant support expires
during the funding period of the State’s
grant.
(f) Provide services described above
regardless of a person’s ability to pay.
(g) Audit its expenditures from
amounts received under this part in accordance with the provisions of Attachment P, Audit Requirements, of Office
of Management and Budget Circular A–
102, Uniform Requirements for Assistance to State and Local Governments,
as adopted for the Department of
Health and Human Services by 45 CFR
part 74.
(Approved by the Office of Management and
Budget under control number 0915–0081)
[50 FR 7913, Feb. 27, 1985, as amended at 50
FR 53156, Dec. 30, 1985]

tion 673(2) of the Community Services
Block Grant Act (42 U.S.C. 9902(2)), (except that nominal fees for service may
be requested, but not required, from individuals and families with annual incomes at or below the poverty line). No
discounts shall be provided to individuals and families with annual incomes
greater than twice the poverty line;
and
(iii) Where third-party payors (including Government Agencies) are authorized or under a legal obligation to
pay all or a portion of such charges, all
services covered by that reimbursement plan will be billed and every reasonable effort will be made to obtain
payment.
(b) An assurance that no person will
be denied services because of inability
to pay.
(c) An assurance that grant funds received under this part will be used to
supplement and not supplant existing
services of the grantee.
(Approved by the Office of Management and
Budget under control number 0915–0081)

Subpart C—Grants to Entities
Other Than States
§ 55a.301 What is required for an application from an entity other than
a State?
An approvable application must contain the following:
(a) A plan for the provision of the
services required by § 55a.201(a), consistent with the requirements of
§ 55a.201 (b) and (c). The plan must also
contain at least the following elements:
(1) A description of the target population to whom services are to be provided, including a statement of the
need for services;
(2) An assurance that charges shall
be made for services rendered as follows:
(i) A schedule shall be maintained
listing fees or payments for the provision of services, designed to cover reasonable costs of operations;
(ii) A schedule of discounts adjusted
on the basis of a patient’s ability to
pay shall be maintained. The schedule
of discounts must provide for a full discount to individuals and families with
annual incomes at or below the poverty
line established in accordance with sec-

[50 FR 7913, Feb. 27, 1985, as amended at 50
FR 53156, Dec. 30, 1985]

PART 56—GRANTS FOR MIGRANT
HEALTH SERVICES
Subpart A—General Provisions
Sec.
56.101 Applicability.
56.102 Definitions.
56.103 Eligibility.
56.104 Application.
56.105 Accord with health planning.
56.106 Amount of grant.
56.107 Priorities for grants.
56.108 Use of grant funds.
56.109 Grant payments.
56.110 Nondiscrimination.
56.111 Confidentiality.
56.112 Publications and copyright.
56.113 Grantee accountability.
56.114 Applicability of 45 CFR part 74.

Subpart B—Grants for Planning and
Developing Migrant Health Centers
56.201
56.202
56.203
56.204

Applicability.
Application.
Project elements.
Grant evaluation and award.

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