[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: 42CFR53.154]



[Page 231-232]

 

                         TITLE 42--PUBLIC HEALTH

 

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

                                SERVICES

 

PART 53_GRANTS, LOANS AND LOAN GUARANTEES FOR CONSTRUCTION AND 

MODERNIZATION OF HOSPITALS AND MEDICAL FACILITIES--Table of Contents

 

               Subpart N_Loan Guarantees and Direct Loans

 

Sec. 53.154  Waiver of right of recovery.





    In determining whether there is good cause for waiver of any right 

of recovery which he may have against a nonprofit private agency by 

reason of any payments made pursuant to a loan guarantee, or against a 

public agency by reason of the failure of such agency to make payments 

of principal and interest on a direct loan to such agency,



[[Page 232]]



the Secretary shall take into consideration the extent to which:

    (a) The facility with respect to which the loan guarantee or direct 

loan was made will continue to be devoted by the applicant or other 

owner to use for the purpose for which it was constructed or another 

public or nonprofit purpose which will promote the purposes of the Act;

    (b) There are reasonable assurances that for the remainder of the 

repayment period of the loan other public or non-profit facilities not 

previously utilized for the purpose for which the facility was 

constructed will be so utilized and are substantially equivalent in 

nature and extent for such purposes; and

    (c) Such recovery would seriously curtail the provision of medical 

services to persons in need of such services in the area.



[37 FR 182, Jan. 6, 1972]