covered entity

(4) “Covered entity” defined In this section, the term “covered entity” means an entity that meets the requirements described in paragraph (5) and is one of the following: (A) A Federally-qualified health center (as defined in section 1905(l)(2)(B) of the Social Security Act [ 42 U.S.C. 1396d (l)(2)(B)]). (B) An entity receiving a grant under section 256a of this title. (C) A family planning project receiving a grant or contract under section 300 of this title . (D) An entity receiving a grant under subpart II 1 of part C of subchapter XXIV (relating to categorical grants for outpatient early intervention services for HIV disease). (E) A State-operated AIDS drug purchasing assistance program receiving financial assistance under subchapter XXIV. (F) A black lung clinic receiving funds under section 937(a) of title 30 . (G) A comprehensive hemophilia diagnostic treatment center receiving a grant under section 501(a)(2) of the Social Security Act [ 42 U.S.C. 701(a)(2) ]. (H) A Native Hawaiian Health Center receiving funds under the Native Hawaiian Health Care Act of 1988. (I) An urban Indian organization receiving funds under title V of the Indian Health Care Improvement Act [ 25 U.S.C. 1651 et seq.]. (J) Any entity receiving assistance under subchapter XXIV (other than a State or unit of local government or an entity described in subparagraph (D)), but only if the entity is certified by the Secretary pursuant to paragraph (7). (K) An entity receiving funds under section 247c of this title (relating to treatment of sexually transmitted diseases) or section 247b(j)(2) 1 of this title (relating to treatment of tuberculosis) through a State or unit of local government, but only if the entity is certified by the Secretary pursuant to paragraph (7). (L) A subsection (d) hospital (as defined in section 1886(d)(1)(B) of the Social Security Act [ 42 U.S.C. 1395ww(d)(1)(B) ]) that— (i) is owned or operated by a unit of State or local government, is a public or private non-profit corporation which is formally granted governmental powers by a unit of State or local government, or is a private non-profit hospital which has a contract with a State or local government to provide health care services to low income individuals who are not entitled to benefits under title XVIII of the Social Security Act [ 42 U.S.C. 1395 et seq.] or eligible for assistance under the State plan under this subchapter; (ii) for the most recent cost reporting period that ended before the calendar quarter involved, had a disproportionate share adjustment percentage (as determined under section 1886(d)(5)(F) of the Social Security Act [ 42 U.S.C. 1395ww(d)(5)(F) ]) greater than 11.75 percent or was described in section 1886(d)(5)(F)(i)(II) of such Act [ 42 U.S.C. 1395ww(d)(5)(F)(i)(II) ]; and (iii) does not obtain covered outpatient drugs through a group purchasing organization or other group purchasing arrangement. (M) A children’s hospital excluded from the Medicare prospective payment system pursuant to section 1886(d)(1)(B)(iii) of the Social Security Act [ 42 U.S.C. 1395ww(d)(1)(B)(iii) ], or a free-standing cancer hospital excluded from the Medicare prospective payment system pursuant to section 1886(d)(1)(B)(v) of the Social Security Act, that would meet the requirements of subparagraph (L), including the disproportionate share adjustment percentage requirement under clause (ii) of such subparagraph, if the hospital were a subsection (d) hospital as defined by section 1886(d)(1)(B) of the Social Security Act. (N) An entity that is a critical access hospital (as determined under section 1820(c)(2) of the Social Security Act [ 42 U.S.C. 1395i–4(c)(2) ]), and that meets the requirements of subparagraph (L)(i). (O) An entity that is a rural referral center, as defined by section 1886(d)(5)(C)(i) of the Social Security Act [ 42 U.S.C. 1395ww(d)(5)(C)(i) ], or a sole community hospital, as defined by section 1886(d)(5)(C)(iii) of such Act, and that both meets the requirements of subparagraph (L)(i) and has a disproportionate share adjustment percentage equal to or greater than 8 percent.

Source

42 USC § 256b(a)(4)


Scoping language

In this section
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