[Code of Federal Regulations]

[Title 42, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 42CFR56.102]



[Page 243-245]

 

                         TITLE 42--PUBLIC HEALTH

 

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

                                SERVICES

 

PART 56_GRANTS FOR MIGRANT HEALTH SERVICES--Table of Contents

 

                      Subpart A_General Provisions

 

Sec.  56.102  Definitions.



    As used in this part:

    (a) Act means the Public Health Service Act (42 U.S.C. 201 et seq.), 

as amended.

    (b)(1) Agriculture means farming in all its branches, including--

    (i) Cultivation and tillage of the soil;

    (ii) The production, cultivation, growing, and harvesting of any 

commodity grown on, in, or as an adjunct to or part of a commodity grown 

in, or on, the land; and



[[Page 244]]



    (iii) Any practice (including preparation and processing for market 

and delivery to storage or to market or to carriers for transportation 

to market) performed by a farmer or on a farm incident to or in 

conjunction with an activity described in subsection (ii).

    (c) Catchment area means the geographic area served by a project 

funded under section 319 of the Act.

    (d) Environmental health services means the detection and 

alleviation of unhealthful conditions of the environment of the persons 

served by the project, such as problems associated with water supply, 

sewage treatment, solid waste disposal, rodent and parasite infestation, 

field sanitation, and housing conditions and the treatment of medical 

conditions arising therefrom. For the purposes of this part, the 

detection and alleviation of unhealthful conditions of the environment 

includes the notification of appropriate Federal, State, or local 

authorities responsible for correcting such conditions and the making of 

arrangements therefor with such authorities.

    (e) Health professionals means professionals (such as physicians, 

dentists, nurses, podiatrists, optometrists, and physicians' extenders) 

who are engaged in the delivery of health services and who meet all 

applicable Federal or State requirements to provide their professional 

services.

    (f) High impact area means a catchment area which has not less than 

6,000 migratory agricultural workers, seasonal agricultural workers, and 

members of the families of such workers residing within its boundaries 

for more than two months in the most recent calendar year for which 

statistical data acceptable to the Secretary is available.

    (g)(1) Migrant health center means an entity which either through 

its staff and supporting resources or through contracts or cooperative 

arrangements with other public or private entities provides for 

migratory agricultural workers, seasonal agricultural workers, and the 

members of the families of such workers, within its catchment area:

    (i) Primary health services;

    (ii) As determined by the Secretary to be appropriate for particular 

centers, supplemental health services necessary for the adequate support 

of primary health services;

    (iii) Referral to providers of supplemental health services and 

payment, as determined by the Secretary to be appropriate and feasible, 

for the provision of such services;

    (iv) Environmental health services, as determined by the Secretary 

to be appropriate for particular centers;

    (v) As determined by the Secretary to be appropriate for particular 

centers, infectious and parasitic disease screening and control 

services;

    (vi) As determined by the Secretary to be appropriate for particular 

centers, accident prevention programs, including prevention of excessive 

exposure to pesticides through, but not limited to, notification of 

appropriate Federal, State or local authorities of hazardous conditions 

due to pesticide use; and

    (vii) Information on the availability and proper use of health 

services.

    (2) For purposes of paragraph (g)(1) of this section, the provision 

of a given service by a center will be determined by the Secretary to be 

appropriate where

    (i) There is a need, as determined by the Secretary, for the 

provision of such service to individuals described in paragraph (g)(1) 

of this section in the catchment area; and

    (ii) The provision of such service by the center is feasible, taking 

into consideration the center's projected revenues, other resources, and 

grant support under this part.

    (h) Migratory agricultural worker means an individual whose 

principal employment is in agriculture on a seasonal basis, who has been 

so employed within the last 24 months, and who establishes for the 

purpose of such employment a temporary place of abode;

    (i) Nonprofit, as applied to any private agency, institution, or 

organization, means one which is a corporation or association, or is 

owned and operated by one or more corporations or associations, no part 

of the net earnings of which inures, or may lawfully inure, to the 

benefit of any private shareholder or individual.



[[Page 245]]



    (j) Physician means a licensed doctor of medicine or doctor of 

osteopathy.

    (k) Primary care means preventive, diagnostic, treatment, 

consultant, referral, and other services rendered by physicians 

(including, as appropriate, physicians' extenders), routine associated 

laboratory services and diagnostic radiologic services, and emergency 

health services.

    (l) Primary health services means:

    (1) Diagnostic, treatment, consultative referral, and other services 

rendered by physicians and, where feasible, by physicians' extenders, 

such as physicians' assistants, nurse clinicians, and nurse 

practitioners;

    (2) Diagnostic laboratory services and diagnostic radiologic 

services;

    (3) Preventive health services, including children's eye and ear 

examinations, prenatal and post-partum care, perinatal services, well 

child care (including periodic screening), immunizations, and voluntary 

family planning services;

    (4) Emergency medical services, including provision, through clearly 

defined arrangements, for access of users of the center to health care 

for medical and dental emergencies during and after the center's 

regularly scheduled hours;

    (5) Transportation services as needed for adequate patient care, 

sufficient so that residents of the catchment area served by the center 

with special difficulties of access to services provided by the center 

receive such services; and

    (6) Preventive dental services provided by a licensed dentist or 

other qualified personnel, including--

    (i) Oral hygiene instruction;

    (ii) Oral prophylaxis, as necessary; and

    (iii) Topical application of fluorides, and the prescription of 

fluorides for systemic use when not available in the community water 

supply.

    (m) Seasonal agricultural worker means an individual whose principal 

employment is in agriculture on a seasonal basis and who is not a 

migratory agricultural worker.

    (n) Secretary means the Secretary of Health and Human Services and 

any other officer or employee of the Department of Health and Human 

Services to whom the authority involved has been delegated.

    (o) Supplemental health services means health services which are not 

included as primary health services and which are:

    (1) Inpatient and outpatient hospital services;

    (2) Home health services;

    (3) Extended care facility services;

    (4) Rehabilitative services (including physical and occupational 

therapy) and long-term physical medicine;

    (5) Mental health services, including services of psychiatrists, 

psychologists, and other appropriate mental health professionals;

    (6) Dental services other than those provided as primary health 

services;

    (7) Vision services, including routine eye and vision examinations 

and provision of eyeglasses, as appropriate and feasible;

    (8) Allied health services;

    (9) Pharmaceutical services, including the provision of prescription 

drugs;

    (10) Therapeutic radiologic services;

    (11) Ambulatory surgical services;

    (12) Public health services (including nutrition education and 

social services);

    (13) Health education services; and

    (14) Services including the services of outreach workers, which 

promote and facilitate optimal use of primary health services and 

services referred to in the preceding subparagraphs of this paragraph 

and, if a substantial number of individuals in the population served by 

the center are of limited English-speaking ability, the services of 

outreach workers and other personnel fluent in the language or languages 

spoken by such individuals.