[Code of Federal Regulations]

[Title 42, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR23.11]



[Page 92]

 

                         TITLE 42--PUBLIC HEALTH

 

    CHAPTER I--PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN 

                                SERVICES

 

PART 23_NATIONAL HEALTH SERVICE CORPS--Table of Contents

 

     Subpart A_Assignment of National Health Service Corps Personnel

 

Sec. 23.11  Under what circumstances may the Secretary sell equipment or 

other property of the United States used by the National Health Service 

Corps site?



    (a) Upon expiration of the assignment of all Corps personnel to a 

health manpower shortage area, the Secretary may sell equipment and 

other property of the United States used by the assigned personnel. The 

equipment may be sold at the fair market value or less than the fair 

market value to any entity providing health services in or to a health 

manpower shortage area if the Secretary determines that an entity is 

unable to pay the fair market value. In determining whether an entity is 

financially unable to purchase equipment or property at fair market 

value, the Secretary will consider (1) the present financial resources 

of the entity available to purchase the equipment or property based upon 

its current liabilities, and (2) the entity's ability to obtain the 

funds necessary to purchase the equipment or property. However, the 

Secretary will not sell the equipment or property for less than fair 

market value to a profitmaking organization unless the organization 

gives reasonable assurance that it will use the equipment or property to 

provide health services in or to the health manpower shortage area.

    (b) The Secretary will give priority to sales to an entity providing 

reasonable assurance that it will use the equipment or property for the 

purpose of retaining within the health manpower shortage area National 

Health Service Corps personnel who have completed their assignments.