[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: 42CFR23.9]



[Page 91]

 

                         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. 23.9  What must an entity to which National Health Service Corps 

personnel are assigned (i.e., a National Health Service Corps site) 

charge for the provision of health services by assigned personnel?



    (a) Except as provided in paragraph (b) of this section, individuals 

receiving services from assigned National Health Service Corps personnel 

must be charged on a fee-for-service or other basis at a rate which is 

computed to permit recovery of the value of the services and is approved 

by the Secretary.

    (b) In determining whether to approve fees to be charged for health 

services, the Secretary will consider: The costs to the National Health 

Service Corps of providing the health services; the costs to the health 

manpower shortage area for providing the services; and the charges for 

similar services by other practitioners or facilities in or nearby the 

health manpower shortage area. However, if assigned National Health 

Service Corps personnel are providing services within the framework of 

an established health services delivery system, the Secretary may 

approve the fees charged under that system without regard to the 

foregoing factors.

    (c)(1) No charge or a nominal charge will be made for health 

services provided by assigned National Health Service Corps personnel to 

individuals within the health manpower shortage area with annual incomes 

at or below the ``CSA Income Poverty Guidelines'' (45 CFR 1060.2). 

However, no individual will be denied health services based upon 

inability to pay for the services. Any individual who has an annual 

income above the ``CSA Income Poverty Guidelines,'' but whose income 

does not exceed 200 percent of the CSA levels, will receive health 

services at a nominal charge. However, charges will be made for services 

to the extent that payment will be made by a third party which is 

authorized or under legal obligation to pay the charges.

    (2) The provisions of this paragraph also apply with respect to 

services provided by an individual who is fulfilling an NHSC scholarship 

obligation under section 753 or who received a special grant under 

section 755.