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Special General Memorandum 86-12


Department of Health and Human Services USA logo
DEPARTMENT OF HEALTH AND HUMAN SERVICES Public Health Service
     Memorandum

SGM 86-12

Date:  SEPT 2, 1986

From: Director
Indian Health Service

Subject: Delegation of Authority:  Indian Health Scholarship Program, Section 338G of The Public Health Service Act

To: All IHS Area/program Directors,
and Headquarters Executive Staff

On May 1, 1986, the Acting Administrator, Health Resources and Services Administration, (HRSA), delegated to the Director, Indian Health Service, with authority to redelegate, the authorities vested in the Secretary of Health and Human Services, under sections 338G (a) and (b) of the Public Health Service Act (42 USC 254r), pertaining to the Indian Health Scholarship Program, as established by Public Law 95-83, excluding the authority to promulgate regulations.

I hereby delegate to the Deputy Director, Indian Health Service, Associate Director and Deputy Associate Director, Office of Health Programs, Indian Health Service, the authorities under sections 3386 (a) and (b) of the Public Health Service Act which were delegated to me by the Administrator, HRSA to determine the individuals who shall receive Indian Health Scholarships.

It should be noted that the authority under section 3381, (42 U.S.C. 2540) to waive any obligation of service or payment by an individual pertaining to the Indian Health Scholarship Program has been delegated to the Director, Bureau of Health Care Delivery and Assistance (BHCDA), by the Acting Administrator, Health Resources and Services and Administration.

These authorities may not be further redelegated.

This delegation is effective immediately.

/Everett R. Rhoades, M.D./
Everett R. Rhoades, M.D.
Assistant Surgeon General

Department of Health and Human Services USA logo
DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Resources and Services Administration
     Memorandum

Date:  MAY 1, 1986

From: Acting Administrator

Subject: Delegation of Authority:  Title III of the Public Health Service Act, as Amended, Concerning the General Powers and Duties of the Health Resources and Services Administration (HRSA)

To: PHS Regional Health Administrators (Region I-X)
HRSA Bureau Directors
Director, Office of Organ Transplantation

On September 1, 1982, the Assistant Secretary for Health vested in the Administrator, HRSA, with authority to redelegate, certain authorities under Title III of the Public Health Service Act (42 U.S.C. 241 et seq.), as amended, concerning the General Powers and Duties pertaining to the functional responsibilities of HRSA.

I hereby delegate, as indicated below, with authority to redelegate, the HRSA authorities under Title III of the PHS Act, as amended.

AUTHORITY TO WHOM DELEGATED AREA OF RESPONSIBILITY
Authority under section 301 (42 U.S.C. 241) relative to research, investigation, and functions; HRSA Bureau
Directors
Their respective
bureaus
Authority under section 311 (42 U.S.C. 243) concerning Federal-State cooperation; HRSA Bureau
Directors
Their respective
bureaus
Authority under section 320 (42 U.S.C. 255) relative to the Hansen's Disease Program; Director,
BHCDA
BHCDA
Authority under section 321 (42 U.S.C. 248 relative to hospitals; Directors,
BHCDA & IHS
Their respective
bureaus
Authority under section 322 (42 U.S.C. 249) relative to the care and treatment of persons under quarantine and other persons, except the authority to provide mental health care for the Haitian/Cuban Initiative which is the functional responsibility of the Alcohol, Drug Abuse, and Mental Health Administration; Directors.
BHCDA & IHS
Their respective bureaus
Authority under section 323 (42 U.S.C. 250) concerning the care and treatment of Federal prisoners; Director,
BHCDA
BHCDA
Authority under section 324 (42 U.S.C. 251) concerning the examination and treatment of Federal employees, excluding those authorities delegated to PHS Regional Health Administrators (RHAs); Director,
BHCDA
BHCDA
Authority under section 324 (42 U.S.C. 251) and the authorities of the Secretary under 5 U.S.C. 7901 pertaining to the FEOH program, including the authority to enter into interagency or intra-agency agreements, but excluding agreements that are national or multiregional in scope.  Also included is the authority for the day-to-day operation of FEOH units in accordance with the terms of the interagency agreements; RHAs Their respective regions
Authority under section 324(b) (42 U.S.C. 251b)concerning medical care for Federal employees and their dependents at remote facilities of IHS; Director
IHS
IHS
Authority under section 325 (42 U.S.C. 252) concerning the examination of aliens; Director,
BHCDA & IHS
Their respective
bureaus
Authority under section 326 (42 U.S.C. 253) concerning services to Coast Guard, Coast and Geodetic Survey, and Public Health Service; Directors,
BHCDA & IHS
BHCDA
Authority under section 327 (42 U.S.C. 254) concerning interdepartmental work; HRSA Bureau
Directors
Their respective bureaus
Authority under section 327A (42 U.S.C. 254a) as it pertains to the sharing of medical care facilities and resources under the jurisdiction of the Administrator, Health Resources and Services Administration; HRSA Bureau
Directors
Their respective
bureaus
Authority under section 328 (42 U.S.C. 254a-1) relative to hospital affiliated primary care centers, excluding those authorities delegated to RHAs; Director,
BHCDA
BHCDA
Authority under section 328 (42 U.S.C. 254a-1) to award grants to community hospitals to support demonstration projects in the planning, development, and operation of hospital-affiliated primary care centers other than grants that are national or multiregional in scope; RHAs Their respective
bureaus
Authority under section 329 (42 U.S.C. 247d) relative to Migrant Health Centers, excluding those authorities delegated to RHAs; Director,
BHCDA
BHCDA
Authority under section 329 (42 U.S.C. 247d) to award grants for migrant health centers, excluding grants that are national or multiregional in scope; RHAs Their respective
bureaus
Authority under section 330 (42 U.S.C. 254c) relative to Community Health Centers, excluding those authorities delegated to RHAs; Director,
BHCDA
BHCDA
Authority under section 330 (42 U.S.C. 254c) to award grants for community health centers, excluding grants that are national or multiregional in scope; RHAs Their respective
bureaus
Authority under section 331 (42 U.S.C.254d) relative to the National Health Service Corps, excluding the authority delegated to RHAs; Director,
BHCDA
BHCDA
Authority under section 331 (c) (42 U.S.C. 254d) relative to reimbursement for travel of a National Health Service Corps member site; RHAs Their respective regions
Authority under section 332 (42 U.S.C. 254e) relative to the designation of health manpower shortage areas, excluding section 332(h) (42 U.S.C. 254e(h)); Director,
BHPr
BHPr
Authority under section 332(h) (42 U.S.C. 254e(h)) relative to information programs pertinent to the designation of health manpower shortage areas; Director,
BHCDA
BHCDA
Authority under section 333 (42 U.S.C. 254f) relative to the assignment of Corps personnel to provide health services in or to a health manpower shortage area; Director, BHCDA BHCDA
Authority under section 334 (42 U.S.C. 254g) relative to cost sharing factors regarding the National Health Service Corps Program, excluding the authority delegated to RHAs; Director,
BHCDA
BHCDA
Authority under section 334b (42 U.S.C. 254g(b)) relative to the waiver authority for entities, excluding the waiver of loans approved under section 335(c); RHAs Their respective bureaus
Authority under section 335 (42 U.S.C. 254h) as it pertains to the provision of health services by Corps members, excluding those authorities delegated to RHAs; Director,
BHCDA
BHCDA
Authority under section 335(c) (42 U.S.C. 254h(c)) to negotiate and award loans to entities; RHAs Their respective regions
Authority under section 336 (42 U.S.C. 254a(h)) relative to the preparation for practice under the NHSC Scholarship Program; Director,
BHCDA
BHCDA
Authority under section 338A (42 U.S.C. 254(1)) relative to the National Health Service Corps Scholarship Program; Director,
BHCDA
BHCDA
Authority under section 338B (42 U.S.C. 254m) concerning obligated service of an individual as a member of the National Health Service Corps; Director;
BHCDA
BHCDA
Authority under section 338C (42 U.S.C.254n) concerning release from Corps service obligation to enter into private practice, excluding the authorities delegated to RHAs; Director, BHCDA BHDA
Authority under section 338C(a) (42 U.S.C. 254n) to release an individual to enter into private practice; RHAs Their respective
regions
Authority under section 338C(d) (42 U.S.C. 254n) to pay travel expenses for an individual, family, and possessions to site of private practice; RHAs Their respective
regions
Authority under section 338C(e)(1) (42 U.S.C. 254n) to negotiate and award loans to NHSC scholarship recipients for establishing private practices; RHAs Their respective regions
Authority under section 338C(g) (42 U.S.C. 254n) to provide technical assistance to an individual for assisting in fulfilling the written agreement; Director,
IHS
IHS
Authority under section 338D (42 U.S.C. 254o) to take action relative to an individual's breach of Corps scholarship contract, including the waiver authority pertaining to the Indian Health Scholarship Program; Director,
BHCDA
BHCDA
Authority under section 338E (42 U.S.C.254p) concerning special loans for former Corps members to enter private practice, excluding the authorities delegated to RHAs; Director,
BHCDA
BHCDA
Authority under section 338E (42 U.S.C. 254p) to negotiate and award loans to assist NHSC scholarship recipients in meeting the costs of establishing their private practices; RHAs Their respective
regions
Authority under section 338G (42 U.S.C. 254r) concerning the Indian Health Scholarship Program, excluding the waiver authority under section 338D as it pertains to the Indian Health Scholarship Program; Director, IHS IHS
Authority under section 339 (42 U.S.C. 255) relative to the Home Health Services, excluding the authorities delegated to RHAs; Director,
BHCDA
BHCDA
Authority under section 339(a) (42 U.S.C. 255) to make grants to public and nonprofit private entities and loans to propriety entities to meet the initial costs of establishing and operating home health programs, excluding grants that are national or multiregional in scope; RHAs Their respective
regions
Authority under section 339(b) (42 U.S.C. 255) to make grants to public and private entities to assist them in developing appropriate training programs for paraprofessionals (including homemaker home health aides) to provide home health services, other than grants that are national or multiregional in scope; RHAs Their respective regions
Authority under section 340 (42 U.S.C. 256) relative to Primary Care Research and Demonstration Projects subject to the limitations set forth in section 340(c)(1) and section 340 (g)(4) of the Public Health Service Act, excluding the authorities delegated to RHAs; Director,
BHCDA
BHCDA
Authority under section 340 (42 U.S.C. 256) to administer grants for primary care research and demonstration projects, subject to the limitations set forth in section 340(c)(1) and section 340(g)(4), excluding grants that are national or multiregional in scope; RHAs Their respective
regions
Authority under section 340A (42 U.S.C. 256a) concerning Technical Assistance Demonstration Grants and Contracts, excluding the authorities delegated to RHAs; Director, BHCDA BHCDA
Authority under section 340A (42 U.S.C. 256a) to administer technical assistance demonstration grants to public and private entities to assist such entities in meeting their costs of providing technical assistance to entities engaged in the planning, development, or operation (or any combination of such activities) of migrant health centers under section 329, community health centers under section 330, or any other centers for the delivery of primary health care; RHAs Their respective
regions
Authority under Part H (sections 371-376) (42 U.S.C. 273 et. seq.) relative to organ transplants; Director,
Office of Organ Transplantation
Office of Organ Transplantation

The February 14, 1986, delegation is hereby superseded.  Previous redelegation made to other officials within the Health Resources and Services Administration, of authorities under Title III of the Public Health Service Act may continue in effect pending further redelegation, provided they are consistent with this delegation.

This delegation is effective upon date of signature.

/S John H. Kelso for/
John H. Kelso

Department of Health and Human Services USA logo
DEPARTMENT OF HEALTH AND HUMAN SERVICES Public Health Service
     Memorandum

SGM 86-12

Date:  AUG 9, 1988

From: Director

Subject: Delegation of Authority - Indian Health Service Scholarship Program

To: Administrator
Health Resources and Services Administration

On April 11, 1988, the Assistant Secretary for Health delegated to the Director, Indian Health Service, with authority to redelegate, the authorities under section 3381 (42 U.S.C. 254r) of the PHS Act as amended.

I hereby delegate to the Administrator, Health Resources and Services Administration, with authority to redelegate, the authorities under section 3381 of the PHS Act to grant waivers to Indian scholarship recipients pursuant to the terms of the Intra-Agency agreement between the Indian Health Service and the Bureau of Health Care Delivery and Assistance and applicable regulations.  This amends my delegation of June 28, 1988 to exclude authority to make default determination.

This delegation is effective on date of signature.

/S/ Robert Marsland for
Everett R. Rhoades, M.D.
Assistant Surgeon General

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