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20 CFR 655.1111 - Element I—What hospitals are eligible to participate in the H-1C program?

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§ 655.1111
Element I—What hospitals are eligible to participate in the H-1C program?
(a) The first attestation element requires that the employer be a “facility” for purposes of the H-1C program, as defined in INA Section 212(m)(6), 8 U.S.C. 1182 (2)(m)(6).
(b) A qualifying facility under that section is a “subpart (d) hospital,” as defined in Section 1886(d)(1)(B) of the Social Security Act, 42 U.S.C. 1395ww(d)(1)(B), which:
(1) Was located in a health professional shortage area (HPSA), as determined by the Department of Health and Human Services, on March 31, 1997. A list of HPSAs, as of March 31, 1997, was published in the Federal Register on May 30, 1997 ( 62 FR 29395 );
(2) Had at least 190 acute care beds, as determined by its settled cost report, filed under Title XVIII of the Social Security Act, (42 U.S.C. 1395 et seq. ), for its fiscal year 1994 cost reporting period (i.e., Form HCFA-2552-92, Worksheet S-3, Part I, column 1, line 8);
(3) Had at least 35% of its acute care inpatient days reimbursed by Medicare, as determined by its settled cost report, filed under Title XVIII of the Social Security Act, for its fiscal year 1994 cost reporting period (i.e., Form HCFA-2552-92, Worksheet S-3, Part I, column 4, line 8 as a percentage of column 6, line 8); and
(4) Had at least 28% of its acute care inpatient days reimbursed by Medicaid, as determined by its settled cost report, filed under Title XVIII of the Social Security Act, for its fiscal year 1994 cost reporting period (i.e., Form HCFA-2552-92, Worksheet S-3, Part I, column 5, line 8 as a percentage of column 6, line 8).
(c) The Federal Register notice containing the controlling list of HPSAs ( 62 FR 29395 ), can be found in federal depository libraries and on the Government Printing Office Internet website at http://www.access.gpo.gov.
(d) To make a determination about information in the settled cost report, the employer shall examine its own Worksheet S-3, Part I, Hospital and Hospital Health Care Complex Statistical Data, in the Hospital and Hospital Health Care Complex Cost Report, Form HCFA 2552, filed for the fiscal year 1994 cost reporting period.
(e) The facility must maintain a copy of the portions of Worksheet S-3, Part I and Worksheet S, Parts I and II of HCFA Form 2552 which substantiate the attestation of eligibility as a “facility.” One set of copies of this document must be kept in the facility's public access file. The full Form 2552 for fiscal year 1994 must be made available to the Department upon request.

Title 20 published on 2012-04-01

The following are only the Rules published in the Federal Register after the published date of Title 20.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2013-04-24; vol. 78 # 79 - Wednesday, April 24, 2013
    1. 78 FR 24047 - Wage Methodology for the Temporary Non-Agricultural Employment H-2B Program, Part 2
      GPO FDSys XML | Text
      DEPARTMENT OF LABOR, DEPARTMENT OF HOMELAND SECURITY, Employment and Training Administration
      Interim final rule; request for comments.
      This interim final rule is effective April 24, 2013. Interested persons are invited to submit written comments on this interim final rule on or before June 10, 2013.
      8 CFR Part 214

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

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It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
USC : Title 8 - ALIENS AND NATIONALITY

§ 1101 - Definitions

§ 1182 - Inadmissible aliens

§ 1182 note - Inadmissible aliens

§ 1184 - Admission of nonimmigrants

§ 1184 note - Admission of nonimmigrants

§ 1188 - Admission of temporary H–2A workers

§ 1288 - Limitations on performance of longshore work by alien crewmen

Statutes at Large

107 Stat. 2149

112 Stat. 2681

120 Stat. 2900

Title 20 published on 2012-04-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 20 CFR 655 after this date.

  • 2013-04-24; vol. 78 # 79 - Wednesday, April 24, 2013
    1. 78 FR 24047 - Wage Methodology for the Temporary Non-Agricultural Employment H-2B Program, Part 2
      GPO FDSys XML | Text
      DEPARTMENT OF LABOR, DEPARTMENT OF HOMELAND SECURITY, Employment and Training Administration
      Interim final rule; request for comments.
      This interim final rule is effective April 24, 2013. Interested persons are invited to submit written comments on this interim final rule on or before June 10, 2013.
      8 CFR Part 214