Title 42—Public Health--Volume 1
PART 55a—PROGRAM GRANTS FOR BLACK LUNG CLINICS
§ 55a.101   Definitions.
Act, as used in this part, means the Federal Mine Safety and Health Act of 1977, as amended (30 U.S.C. 801 et seq. ).
Secretary means the Secretary of Health and Human Services and any other officer or empolyee of the Department of Health and Human Services to whom the authority involved has been delegated.
Miner or coal miner means any individual who works or has worked in or around a coal mine or coal preparation facility in the extraction or preparation of coal. The term also includes an individual who works or has worked in coal mine construction or transportation in or around a coal mine, to the extent that the individual was exposed to coal dust as a result of employment.
§ 55a.102   Who is eligible to apply for a Black Lung clinics grant?
Any State or public or private entity may apply for a grant under this part.
§ 55a.103   What criteria has HHS established for deciding which grant application to fund?
(a) The Secretary will give preference to a State, which meets the requirements of this part and applies for a grant under this part, over other applicants in that State.
(b) Within the limits of funds available for these purposes the Secretary may award grants to assist in the carrying out of those programs which will in the Secretary's judgment best promote the purposes of section 427(a) of the Act, taking into account;
(1) The number of miners to be served and their needs; and
(2) The quality and breadth of services to be provided.
§ 55a.104   What confidentiality requirements must be met?
All information as to personal facts and circumstances obtained by the grantee's staff about recipients of services shall be held confidential and shall not be disclosed without the individual's consent except as may be required by law or as may be necessary to provide service to the individual or to provide for audits with appropriate safeguards for confidentiality of patient records. Otherwise, information may be disclosed only in summary, statistical, or other form which does not identify particular individuals.
§ 55a.105   How must grantees carry out their projects?
Grantees must carry out their projects in accordance with their applications and the provisions of this part.
§ 55a.106   Provision for waiver by the Secretary.
The Secretary may, for good cause shown, waive provisions of these regulations.
§ 55a.107   What other regulations apply?
Other regulations which apply to the Black Lung Clinics Program include, but are not limited to, the following:
§ 55a.201   What is required for a State application?
An approvable State application must contain assurances that the State will:
(a) Provide the following services for active and inactive miners in the State:
(1) Primary care;
(2) Patient and family education and counseling;
(3) Outreach;
(4) Patient care coordination, including individual patient care plans for all patients;
(5) Antismoking advice; and
(6) Other symptomatic treatments.
(b) Provide medical services in consultation with a physician with special training or experience in the diagnosis and treatment of respiratory diseases.
(c) Meet all criteria for approval and designation by the Department of Labor under 20 CFR part 725 to perform disability examination and provide treatment under the Act.
(d) Use grant funds under this part to supplement and not supplant existing services of the State.
(e) Provide the services described above for those miners previously served by a Black Lung Clinic in the State for which grant support expires during the funding period of the State's grant.
(f) Provide services described above regardless of a person's ability to pay.
(g) Audit its expenditures from amounts received under this part in accordance with the provisions of subpart F of 45 CFR part 75.
§ 55a.301   What is required for an application from an entity other than a State?
An approvable application must contain the following:
(a) A plan for the provision of the services required by § 55a.201(a), consistent with the requirements of § 55a.201 (b) and (c). The plan must also contain at least the following elements:
(1) A description of the target population to whom services are to be provided, including a statement of the need for services;
(2) An assurance that charges shall be made for services rendered as follows:
(i) A schedule shall be maintained listing fees or payments for the provision of services, designed to cover reasonable costs of operations;
(ii) A schedule of discounts adjusted on the basis of a patient's ability to pay shall be maintained. The schedule of discounts must provide for a full discount to individuals and families with annual incomes at or below the poverty line established in accordance with section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)), (except that nominal fees for service may be requested, but not required, from individuals and families with annual incomes at or below the poverty line). No discounts shall be provided to individuals and families with annual incomes greater than twice the poverty line; and
(iii) Where third-party payors (including Government Agencies) are authorized or under a legal obligation to pay all or a portion of such charges, all services covered by that reimbursement plan will be billed and every reasonable effort will be made to obtain payment.
(b) An assurance that no person will be denied services because of inability to pay.
(c) An assurance that grant funds received under this part will be used to supplement and not supplant existing services of the grantee.