42 U.S.C. § 300d–41: Grants for certain trauma…

Summary

The Secretary must set up three grant programs to give money to qualified trauma centers that are public, nonprofit, Indian Health Service, Indian tribal, or urban Indian. The grants must help cover large unpaid care costs, support key trauma work (like stabilizing and transferring patients, training, outreach, working with local trauma systems, essential staff and fixed costs, and doctor services), and provide emergency help so trauma care keeps running. To get money, a trauma center usually must take part in a trauma system that follows the required guidelines, unless the State has no trauma system. For unpaid-care grants, a center must meet one of three patient-mix tests: Category A — charity/self-pay 40% and charity+self-pay+Medicaid 50%; Category B — charity/self-pay 35% and combined 50%; Category C — charity/self-pay 20% and combined 30%. Centers in States with an 1115 waiver may qualify if they get Low Income Pool or Safety Net Care Pool funds. The center must be verified by the American College of Surgeons or a similar State or local agency, submit a plan to keep serving patients regardless of ability to pay, and have policies such as a sliding fee scale and fair billing.

Title 42, §300d–41

The Public Health and Welfare, Source: USLM XML via OLRC

(a)In general

The Secretary shall establish 3 programs to award grants to qualified public, nonprofit Indian Health Service, Indian tribal, and urban Indian trauma centers—

(1)to assist in defraying substantial uncompensated care costs;

(2)to further the core missions of such trauma centers, including by addressing costs associated with patient stabilization and transfer, trauma education and outreach, coordination with local and regional trauma systems, essential personnel and other fixed costs, and expenses associated with employee and non-employee physician services; and

(3)to provide emergency relief to ensure the continued and future availability of trauma services.

(b)Minimum qualifications of trauma centers

(1)Participation in trauma care system operating under certain professional guidelines

Except as provided in paragraph (2), the Secretary may not award a grant to a trauma center under subsection (a) unless the trauma center is a participant in a trauma system that substantially complies with section 300d–13 of this title.

(2)Exemption

Paragraph (1) shall not apply to trauma centers that are located in States with no existing trauma care system.

(3)Qualification for substantial uncompensated care costs

The Secretary shall award substantial uncompensated care grants under subsection (a)(1) only to trauma centers meeting at least 1 of the criteria in 1 of the following 3 categories:

(A)Category A

The criteria for category A are as follows:

(i)At least 40 percent of the visits in the emergency department of the hospital in which the trauma center is located were charity or self-pay patients.

(ii)At least 50 percent of the visits in such emergency department were Medicaid (under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.)) and charity and self-pay patients combined.

(B)Category B

The criteria for category B are as follows:

(i)At least 35 percent of the visits in the emergency department were charity or self-pay patients.

(ii)At least 50 percent of the visits in the emergency department were Medicaid and charity and self-pay patients combined.

(C)Category C

The criteria for category C are as follows:

(i)At least 20 percent of the visits in the emergency department were charity or self-pay patients.

(ii)At least 30 percent of the visits in the emergency department were Medicaid and charity and self-pay patients combined.

(4)Trauma centers in 1115 waiver States

Notwithstanding paragraph (3), the Secretary may award a substantial uncompensated care grant to a trauma center under subsection (a)(1) if the trauma center qualifies for funds under a Low Income Pool or Safety Net Care Pool established through a waiver approved under section 1115 of the Social Security Act (42 U.S.C. 1315).

(5)Designation

The Secretary may not award a grant to a trauma center unless such trauma center is verified by the American College of Surgeons or designated by an equivalent State or local agency.

(c)Additional requirements

The Secretary may not award a grant to a trauma center under subsection (a)(1) unless such trauma center—

(1)submits to the Secretary a plan satisfactory to the Secretary that demonstrates a continued commitment to serving trauma patients regardless of their ability to pay; and

(2)has policies in place to assist patients who cannot pay for part or all of the care they receive, including a sliding fee scale, and to ensure fair billing and collection practices.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Social Security Act, referred to in subsec. (b)(3)(A)(ii), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title XIX of the Act is classified generally to subchapter XIX (§ 1396 et seq.) of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables.

Amendments

2010—Pub. L. 111–148 added subsecs. (a) to (c) and struck out former subsecs. (a) and (b) which related to grants for trauma centers in geographic areas with a significant incidence of violence arising from illicit trafficking in drugs and set forth minimum qualifications of such centers.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective July 10, 1992, with programs making awards providing financial assistance in fiscal year 1993 and subsequent years effective for awards made on or after Oct. 1, 1992, see section 801(b), (d)(1) of Pub. L. 102–321, set out as an

Effective Date

of 1992 Amendment note under section 236 of this title.

§300d–41 Grants for Certain Trauma Centers

Summary

Title 42, §300d–41

Notes & Related Subsidiaries

Editorial Notes

References in Text

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata