Header:
UNITED STATES CODE SERVICE
TITLE 42. THE PUBLIC HEALTH AND WELFARE
CHAPTER 6A. THE PUBLIC HEALTH SERVICE
GENERAL POWERS AND DUTIES
FEDERAL-STATE COOPERATION
Date:
01/17/2012
Document:
§ 247d-3b. Partnerships for State and regional hospital preparedness to improve surge capacity
(a) In general. The Secretary shall award competitive grants or cooperative agreements to eligible entities to enable such entities to improve surge capacity and enhance community and hospital preparedness for public health emergencies, including, as appropriate, capacity and preparedness to address the needs of children and other at-risk individuals.
(b) Eligibility. To be eligible for an award under subsection (a), an entity shall--
(1) (A) be a partnership consisting of--
(i) one or more hospitals, at least one of which shall be a designated trauma center, consistent with section 1213(c) [42 USCS § 300hh-15(c)];
(ii) one or more other local health care facilities, including clinics, health centers, community health centers, primary care facilities, mental health centers, mobile medical assets, or nursing homes; and
(iii)
(I) one or more political subdivisions;
(II) one or more States; or
(III) one or more States and one or more political subdivisions; and
(B) prepare, in consultation with the Chief Executive Officer and the lead health officials of the State, District, or territory in which the hospital and health care facilities described in subparagraph (A) are located, and submit to the Secretary, an application at such time, in such manner, and containing such information as the Secretary may require; or
(2)
(A) be an entity described in section 319C-1(b)(1) [42 USCS § 247d-3a(b)(1)]; and
(B) submit an application at such time, in such manner, and containing such information as the Secretary may require, including the information or assurances required under section 319C-1(b)(2) [42 USCS § 247d-3a(b)(2)] and an assurance that the State will adhere to any applicable guidelines established by the Secretary.
(c) Use of funds. An award under subsection (a) shall be expended for activities to achieve the preparedness goals described under paragraphs (1), (3), (4), (5), and (6) of section 2802(b) [42 USCS § 300hh-1(b)] with respect to all-hazards, including chemical, biological, radiological, or nuclear threats.
(d) Preferences.
(1) Regional coordination. In making awards under subsection (a), the Secretary shall give preference to eligible entities that submit applications that, in the determination of the Secretary--
(A) will enhance coordination--
(i) among the entities described in subsection (b)(1)(A)(i); and
(ii) between such entities and the entities described in subsection (b)(1)(A)(ii); and
(B) include, in the partnership described in subsection (b)(1)(A), a significant percentage of the hospitals and health care facilities within the geographic area served by such partnership.
(2) Other preferences. In making awards under subsection (a), the Secretary shall give preference to eligible entities that, in the determination of the Secretary--
(A) include one or more hospitals that are participants in the National Disaster Medical System;
(B) are located in a geographic area that faces a high degree of risk, as determined by the Secretary in consultation with the Secretary of Homeland Security; or
(C) have a significant need for funds to achieve the medical preparedness goals described in section 2802(b)(3) [42 USCS § 300hh-1(b)(3)].
(e) Consistency of planned activities. The Secretary may not award a cooperative agreement to an eligible entity described in subsection (b)(1) unless the application submitted by the entity is coordinated and consistent with an applicable State All-Hazards Public Health Emergency Preparedness and Response Plan and relevant local plans, as determined by the Secretary in consultation with relevant State health officials.
(f) Limitation on awards. A political subdivision shall not participate in more than one partnership described in subsection (b)(1).
(g) Coordination.
(1) Local response capabilities. An eligible entity shall, to the extent practicable, ensure that activities carried out under an award under subsection (a) are coordinated with activities of relevant local Metropolitan Medical Response Systems, local Medical Reserve Corps, the local Cities Readiness Initiative, and local emergency plans.
(2) National collaboration. Partnerships consisting of one or more eligible entities under this section may, to the extent practicable, collaborate with other partnerships consisting of one or more eligible entities under this section for purposes of national coordination and collaboration with respect to activities to achieve the preparedness goals described under paragraphs (1), (3), (4), (5), and (6) of section 2802(b) [42 USCS § 300hh-1(b)].
(h) Maintenance of funding.
(1) In general. An entity that receives an award under this section shall maintain expenditures for health care preparedness at a level that is not less than the average level of such expenditures maintained by the entity for the preceding 2 year period.
(2) Rule of construction. Nothing in this section shall be construed to prohibit the use of awards under this section to pay salary and related expenses of public health and other professionals employed by State, local, or tribal agencies who are carrying out activities supported by such awards (regardless of whether the primary assignment of such personnel is to carry out such activities).
(i) Performance and accountability.
(1) In general. The requirements of section 319C-1(g), (i), and (j) [42 USCS § 247d-3a(g), (i), and (j)] shall apply to entities receiving awards under this section (regardless of whether such entities are described under subsection (b)(1)(A) or (b)(2)(A)) in the same manner as such requirements apply to entities under section 319C-1 [42 USCS § 247d-3a]. An entity described in subsection (b)(1)(A) shall make such reports available to the lead health official of the State in which such partnership is located.
(2) Meeting goals of National Health Security Strategy. The Secretary shall implement objective, evidence-based metrics to ensure that entities receiving awards under this section are meeting, to the extent practicable, the applicable goals of the National Health Security Strategy under section 2802 [42 USCS § 300hh-1].
(j) Authorization of appropriations.
(1) In general. For purposes of carrying out this section, there is authorized to be appropriated $ 374,700,000 for each of fiscal years 2014 through 2018.
(2) Reservation of amounts for partnerships. Prior to making awards described in paragraph (3), the Secretary may reserve from the amount appropriated under paragraph (1) for a fiscal year, an amount determined appropriate by the Secretary for making awards to entities described in subsection (b)(1)(A).
(3) Awards to States and political subdivisions.
(A) In general. From amounts appropriated for a fiscal year under paragraph (1) and not reserved under paragraph (2), the Secretary shall make awards to entities described in subsection (b)(2)(A) that have completed an application as described in subsection (b)(2)(B).
(B) Amount. The Secretary shall determine the amount of an award to each entity described in subparagraph (A) in the same manner as such amounts are determined under section 319C-1(h) [42 USCS § 247d-3a(h)].
(4) Availability of cooperative agreement funds.
(A) In general. Amounts provided to an eligible entity under a cooperative agreement under subsection (a) for a fiscal year and remaining unobligated at the end of such year shall remain available to such entity for the next fiscal year for the purposes for which such funds were provided.
(B) Funds contingent on achieving benchmarks. The continued availability of funds under subparagraph (A) with respect to an entity shall be contingent upon such entity achieving the benchmarks and submitting the pandemic influenza plan as required under subsection (i).
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