[United States Statutes at Large, Volume 117, 108th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

117 STAT. 1158]]

Public Law 108-91
108th Congress

An Act


 
To amend section 242 of the National Housing Act regarding the
requirements for mortgage insurance under such Act for
hospitals. [NOTE: Oct. 3, 2003 -  [H.R. 659]]

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress [NOTE: Hospital Mortgage Insurance
Act of 2003.] assembled,

SECTION 1. [NOTE: 12 USC 1701 note.] SHORT TITLE.

This Act may be cited as the ``Hospital Mortgage Insurance Act of
2003''.

SEC. 2. STANDARDS FOR DETERMINING NEED AND FEASIBILITY FOR HOSPITALS.

(a) In General.--Paragraph (4) of section 242(d) of the National
Housing Act (12 U.S.C. 1715z-7) is amended to read as follows:
``(4)(A) The Secretary shall require satisfactory evidence that the
hospital will be located in a State or political subdivision of a State
with reasonable minimum standards of licensure and methods of operation
for hospitals and satisfactory assurance that such standards will be
applied and enforced with respect to the hospital.
``(B) The Secretary shall establish the means for determining need
and feasibility for the hospital, if the State does not have an official
procedure for determining need for hospitals. If the State has an
official procedure for determining need for hospitals, the Secretary
shall require that such procedure be followed before the application for
insurance is submitted, and the application shall document that need has
also been established under that procedure.''.
(b) Effective [NOTE: 12 USC 1715z-7 note.] Date.--
(1) In general.--The [NOTE: Applicability.] amendment made
by subsection (a) shall take effect and apply as of the date of
the enactment of this Act.
(2) Effect of regulatory authority.--Any authority of the
Secretary of Housing and Urban Development to issue regulations
to carry out the amendment made by subsection (a) may not be
construed to affect the effectiveness or applicability of such
amendment under paragraph (1) of this subsection.

SEC. 3. EXEMPTION FOR CRITICAL ACCESS HOSPITALS.

(a) In General.--Section 242 of the National Housing Act (12 U.S.C.
1715z-7) is amended--
(1) in subsection (b)(1)(B), by inserting ``, unless the
facility is a critical access hospital (as that term is defined
in section

[[Page 1159]]
117 STAT. 1159

1861(mm)(1) of the Social Security Act (42 U.S.C.
1395x(mm)(1)))'' after ``tuberculosis''; and
(2) by adding at the end the following:

``(i) Termination of Exemption for Critical Access Hospitals.--
``(1) In general.--The exemption for critical access
hospitals under subsection (b)(1)(B) shall have no effect after
July 31, 2006.
``(2) Report to congress.--Not [NOTE: Deadline.] later
than 3 years after July 31, 2003, the Secretary shall submit a
report to Congress detailing the effects of the exemption of
critical access hospitals from the provisions of subsection
(b)(1)(B) on--
``(A) the provision of mortgage insurance to
hospitals under this section; and
``(B) the General Insurance Fund established under
section 519.''.

SEC. 4. STUDY OF BARRIERS TO RECEIPT OF INSURED MORTGAGES BY FEDERALLY
QUALIFIED HEALTH CENTERS.

(a) In General.--The Secretary of Housing and Urban Development
shall conduct a study on the barriers to the receipt of mortgage
insurance by federally qualified health centers (as defined in section
1905(l)(2)(B) of the Social Security Act (42 U.S.C. 1396d(l)(2)(B)))
under section 1101 of the National Housing Act (12 U.S.C. 1749aaa), or
other programs under that Act.
(b) Report.--Not [NOTE: Deadline.] later than 6 months after the
date of enactment of this Act, the Secretary of Housing and Urban
Development shall submit a report regarding any appropriate legislative
and regulatory changes needed to enable federally qualified health
centers to access mortgage insurance under section 1101 of the National
Housing Act (12 U.S.C. 1749aaa), or other programs under that Act to--
(1) the Committee on Banking, Housing, and Urban Affairs of
the Senate; and
(2) the Committee on Financial Services of the House of
Representatives.

Approved October 3, 2003.

LEGISLATIVE HISTORY--H.R. 659:
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HOUSE REPORTS: No. 108-27 (Comm. on Financial Services).
CONGRESSIONAL RECORD, Vol. 149 (2003):
Mar. 12, considered and passed House.
Sept. 2, considered and passed Senate, amended.
Sept. 17, House concurred in Senate amendment.