42 U.S.C. § 256h
Program of payments to teaching health centers that operate graduate medical education programs
United States · Title 42 — THE PUBLIC HEALTH AND WELFARE · Status: effective
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- Citation
- 42 U.S.C. § 256h, Program of payments to teaching health centers that operate graduate medical education programs, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/475313
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Full text
Subject to subsection (h)(2), the Secretary shall make payments under this section for direct expenses and indirect expenses to qualified teaching health centers that are listed as sponsoring institutions by the relevant accrediting body for, as appropriate—
In making payments under paragraph (1), the Secretary shall consider the cost of training residents at teaching health centers and the implications of the per resident amount on approved graduate medical residency training programs at teaching health centers.
In making payments under paragraph (1)(C), the Secretary shall give priority to qualified teaching health centers that—
Subject to paragraph (2), the amounts payable under this section to qualified teaching health centers for an approved graduate medical residency training program for a fiscal year are each of the following amounts:
The amount determined under subsection (c) for direct expenses associated with sponsoring approved graduate medical residency training programs.
The amount determined under subsection (d) for indirect expenses associated with the additional costs relating to teaching residents in such programs.
The total of the payments made to qualified teaching health centers under paragraph (1)(A) or paragraph (1)(B) in a fiscal year shall not exceed the amount of funds appropriated under subsection (g) for such payments for that fiscal year.
The Secretary shall limit the funding of full-time equivalent residents in order to ensure the direct and indirect payments as determined under subsection 11 So in original. Probably should be “subsections”.
(c) and (d) do not exceed the total amount of funds appropriated in a fiscal year under subsection (g).
Notwithstanding any provision of this section, for the period beginning on October 1, 2023, and ending on December 31, 2024, the Secretary may use any amounts made available in any fiscal year to carry out this section (including amounts recouped under subsection (f)) to make payments described in paragraphs (1)(A) and (1)(B), in addition to the total amount of funds appropriated under subsection (g).
The amount determined under this subsection for payments to qualified teaching health centers for direct graduate expenses relating to approved graduate medical residency training programs for a fiscal year is equal to the product of—
The updated per resident amount for direct graduate medical education for a qualified teaching health center for a fiscal year is an amount determined as follows:
The Secretary shall compute for each individual qualified teaching health center a per resident amount—
The Secretary shall update such per resident amount for each such qualified teaching health center as determined appropriate by the Secretary.
The amount determined under this subsection for payments to qualified teaching health centers for indirect expenses associated with the additional costs of teaching residents for a fiscal year is equal to an amount determined appropriate by the Secretary.
In determining the amount under paragraph (1), the Secretary shall—
Before the Secretary makes a payment under this subsection pursuant to a determination of indirect expenses under paragraph (1), the Secretary may provide to qualified teaching health centers a payment, in addition to any payment made under subsection (c), for expected indirect expenses associated with the additional costs of teaching residents for a fiscal year, based on an estimate by the Secretary.
Payments under this section—
shall be in addition to any payments—
The Secretary shall determine any changes to the number of residents reported by a teaching health center in the application of the teaching health center for the current fiscal year to determine the final amount payable to the teaching health center for the current fiscal year for both direct expense and indirect expense amounts. Based on such determination, the Secretary shall recoup any overpayments made to pay any balance due to the extent possible. The final amount so determined shall be considered a final intermediary determination for the purposes of section 1395oo of this title and shall be subject to administrative and judicial review under that section in the same manner as the amount of payment under section 1395ww(d) 22 See References in Text note below. of this title is subject to review under such section.
To carry out this section, there are appropriated such sums as may be necessary, to remain available until expended, not to exceed—
Of the amount made available to carry out this section for any fiscal year, the Secretary may not use more than 5 percent of such amount for the expenses of administering this section.
The report required under this paragraph for a qualified teaching health center for a fiscal year is a report that includes (in a form and manner specified by the Secretary) the following information for the residency academic year completed immediately prior to such fiscal year:
Of the number of residents described in paragraph (4) who completed their residency training at the end of such residency academic year, the number and percentage of such residents who entered practice at a health care facility—
The Secretary may audit a qualified teaching health center to ensure the accuracy and completeness of the information submitted in a report under paragraph (1).
A teaching health center may only receive payment in a cost reporting period for a number of such resident positions that is greater than the base level of primary care resident positions, as determined by the Secretary. For purposes of this subparagraph, the “base level of primary care residents” for a teaching health center is the level of such residents as of a base period.
The amount payable under this section to a qualified teaching health center for a fiscal year shall be reduced by at least 25 percent if the Secretary determines that—
Before imposing a reduction under subparagraph (A) on the basis of a qualified teaching health center’s failure to provide complete and accurate information described in subparagraph (A)(ii), the Secretary shall provide notice to the teaching health center of such failure and the Secretary’s intention to impose such reduction and shall provide the teaching health center with the opportunity to provide the required information within the period of 30 days beginning on the date of such notice. If the teaching health center provides such information within such period, no reduction shall be made under subparagraph (A) on the basis of the previous failure to provide such information.
The residents described in this paragraph are those who are in part-time or full-time equivalent resident training positions at a qualified teaching health center in any approved graduate medical residency training program.
The Secretary shall promulgate regulations to carry out this section.
In this section:
The term “approved graduate medical residency training program” means a residency or other postgraduate medical training program—
The term “new approved graduate medical residency training program” means an approved graduate medical residency training program for which the sponsoring qualified teaching health center has not received a payment under this section for a previous fiscal year (other than pursuant to subsection (a)(1)(C)).
The term “primary care residency program” has the meaning given that term in section 293l–1 of this title.
The term “qualified teaching health center” has the meaning given the term “teaching health center” in section 293l–1 of this title.
Legislative history
The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone.
- Patient Protection and Affordable Care Act
- Medicare Access and CHIP Reauthorization Act of 2015
- Disaster Tax Relief and Airport and Airway Extension Act of 2017House: 264–155Senate: no recorded tally
- An Act to amend the Homeland Security Act of 2002 to require the Secretary of Homeland Security to issue Department of Homeland Security-wide guidance and develop training programs as part of the Department of Homeland Security Blue Campaign, and for other purposes.House: 231–188Senate: no recorded tally
- Bipartisan Budget Act of 2018House: 240–186Senate: no recorded tally
- Continuing Appropriations Act, 2020, and Health Extenders Act of 2019
- Further Continuing Appropriations Act, 2020, and Further Health Extenders Act of 2019
- Further Consolidated Appropriations Act, 2020House: 297–120Senate: no recorded tally
- CARES Act
- Continuing Appropriations Act, 2021 and Other Extensions Act
- Further Continuing Appropriations Act, 2021, and Other Extensions ActHouse: 343–67Senate: no recorded tally
- Consolidated Appropriations Act, 2021House: no recorded tallySenate: no recorded tally
- Continuing Appropriations Act, 2024 and Other Extensions Act
- Further Continuing Appropriations and Other Extensions Act, 2024
- Making further continuing appropriations for the fiscal year ending September 30, 2024, and for other purposes.
- Consolidated Appropriations Act, 2024
- American Relief Act, 2025
- Full-Year Continuing Appropriations and Extensions Act, 2025
- Continuing Appropriations, Agriculture, Legislative Branch, Military Construction and Veterans Affairs, and Extensions Act, 2026
- Consolidated Appropriations Act, 2026