[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: 42CFR62.12]



[Page 361-362]

 

                         TITLE 42--PUBLIC HEALTH

 

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

                                SERVICES

 

PART 62_NATIONAL HEALTH SERVICE CORPS SCHOLARSHIP AND LOAN REPAYMENT 

PROGRAMS--Table of Contents

 

       Subpart A_National Health Service Corps Scholarship Program

 

Sec. 62.12  Under what circumstances can the service or payment 

obligation be canceled, waived or suspended?



    (a) Any obligation of a participant for service or payment will be 

canceled upon the death of the participant.

    (b)(1) A participation may seek a waiver or suspension of the 

service or payment obligations incurred under this part by written 

request to the Secretary setting forth the bases, circumstances, and 

causes which support the requested action. The Secretary may approve a 

request for a suspension for a period of 1 year. A renewal of this 

suspension may also be granted.

    (2) The Secretary may waive or suspend any service or payment 

obligation incurred by a participant whenever compliance by the 

participant (i) is impossible, or (ii) would involve extreme hardship to 

the participant and if enforcement of the service or payment obligation 

would be against equity and good conscience.

    (c) Compliance by a participant with a service or payment obligation 

will be considered impossible if the Secretary determines, on the basis 

of information



[[Page 362]]



and documentation as may be required, that the participant suffers from 

a physical or mental disability resulting in the permanent inability of 

the participant to perform the service or other activities which would 

be necessary to comply with the obligation.

    (d) In determining whether to waive or suspend any or all of the 

service or payment obligations of a participant as imposing an undue 

hardship and being against equity and good conscience, the Secretary, on 

the basis of information and documentation as may be required, will 

consider:

    (1) The participant's present financial resources and obligations;

    (2) The participant's estimated future financial resources and 

obligations; and

    (3) The extent to which the participant has problems of a personal 

nature, such as physical or mental disability, terminal illness in the 

immediate family which so intrude on the participant's present and 

future ability to perform as to raise a presumption that the individual 

will be unable to perform the obligation incurred.