Text: H.R.659 — 108th Congress (2003-2004)All Information (Except Text)

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Public Law No: 108-91 (10/03/2003)

 
[108th Congress Public Law 91]
[From the U.S. Government Printing Office]


[DOCID: f:publ091.108]

[[Page 117 STAT. 1158]]

Public Law 108-91
108th Congress

                                 An Act


 
     To amend section 242 of the National Housing Act regarding the 
         requirements for mortgage insurance under such Act for 
            hospitals. <<NOTE: Oct. 3, 2003 -  [H.R. 659]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Hospital Mortgage Insurance 
Act of 2003.>> assembled,

SECTION 1. <<NOTE: 12 USC 1701 note.>> SHORT TITLE.

    This Act may be cited as the ``Hospital Mortgage Insurance Act of 
2003''.

SEC. 2. STANDARDS FOR DETERMINING NEED AND FEASIBILITY FOR HOSPITALS.

    (a) In General.--Paragraph (4) of section 242(d) of the National 
Housing Act (12 U.S.C. 1715z-7) is amended to read as follows:
    ``(4)(A) The Secretary shall require satisfactory evidence that the 
hospital will be located in a State or political subdivision of a State 
with reasonable minimum standards of licensure and methods of operation 
for hospitals and satisfactory assurance that such standards will be 
applied and enforced with respect to the hospital.
    ``(B) The Secretary shall establish the means for determining need 
and feasibility for the hospital, if the State does not have an official 
procedure for determining need for hospitals. If the State has an 
official procedure for determining need for hospitals, the Secretary 
shall require that such procedure be followed before the application for 
insurance is submitted, and the application shall document that need has 
also been established under that procedure.''.
    (b) Effective <<NOTE: 12 USC 1715z-7 note.>> Date.--
            (1) In general.--The <<NOTE: Applicability.>> amendment made 
        by subsection (a) shall take effect and apply as of the date of 
        the enactment of this Act.
            (2) Effect of regulatory authority.--Any authority of the 
        Secretary of Housing and Urban Development to issue regulations 
        to carry out the amendment made by subsection (a) may not be 
        construed to affect the effectiveness or applicability of such 
        amendment under paragraph (1) of this subsection.

SEC. 3. EXEMPTION FOR CRITICAL ACCESS HOSPITALS.

    (a) In General.--Section 242 of the National Housing Act (12 U.S.C. 
1715z-7) is amended--
            (1) in subsection (b)(1)(B), by inserting ``, unless the 
        facility is a critical access hospital (as that term is defined 
        in section

[[Page 117 STAT. 1159]]

        1861(mm)(1) of the Social Security Act (42 U.S.C. 
        1395x(mm)(1)))'' after ``tuberculosis''; and
            (2) by adding at the end the following:

    ``(i) Termination of Exemption for Critical Access Hospitals.--
            ``(1) In general.--The exemption for critical access 
        hospitals under subsection (b)(1)(B) shall have no effect after 
        July 31, 2006.
            ``(2) Report to congress.--Not <<NOTE: Deadline.>> later 
        than 3 years after July 31, 2003, the Secretary shall submit a 
        report to Congress detailing the effects of the exemption of 
        critical access hospitals from the provisions of subsection 
        (b)(1)(B) on--
                    ``(A) the provision of mortgage insurance to 
                hospitals under this section; and
                    ``(B) the General Insurance Fund established under 
                section 519.''.

SEC. 4. STUDY OF BARRIERS TO RECEIPT OF INSURED MORTGAGES BY FEDERALLY 
            QUALIFIED HEALTH CENTERS.

    (a) In General.--The Secretary of Housing and Urban Development 
shall conduct a study on the barriers to the receipt of mortgage 
insurance by federally qualified health centers (as defined in section 
1905(l)(2)(B) of the Social Security Act (42 U.S.C. 1396d(l)(2)(B))) 
under section 1101 of the National Housing Act (12 U.S.C. 1749aaa), or 
other programs under that Act.
    (b) Report.--Not <<NOTE: Deadline.>> later than 6 months after the 
date of enactment of this Act, the Secretary of Housing and Urban 
Development shall submit a report regarding any appropriate legislative 
and regulatory changes needed to enable federally qualified health 
centers to access mortgage insurance under section 1101 of the National 
Housing Act (12 U.S.C. 1749aaa), or other programs under that Act to--
            (1) the Committee on Banking, Housing, and Urban Affairs of 
        the Senate; and
            (2) the Committee on Financial Services of the House of 
        Representatives.

    Approved October 3, 2003.

LEGISLATIVE HISTORY--H.R. 659:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 108-27 (Comm. on Financial Services).
CONGRESSIONAL RECORD, Vol. 149 (2003):
            Mar. 12, considered and passed House.
            Sept. 2, considered and passed Senate, amended.
            Sept. 17, House concurred in Senate amendment.

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