In the Senate of the United States,

September 2, 2003.

Resolved, That the bill from the House of Representatives (H.R. 659) entitled ‘‘An Act to amend section 242 of

the National Housing Act regarding the requirements for

mortgage insurance under such Act for hospitals.’’, do pass

with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Hospital Mortgage In3 surance Act of 2003’’.
 †

2

HR 659 EAS

1 SEC. 2. STANDARDS FOR DETERMINING NEED AND FEASI2 BILITY FOR HOSPITALS.

3 (a) IN GENERAL.—Paragraph (4) of section 242(d) of

4 the National Housing Act (12 U.S.C. 1715z–7) is amended

5 to read as follows:

6 ‘‘(4)(A) The Secretary shall require satisfactory evi7 dence that the hospital will be located in a State or political

8 subdivision of a State with reasonable minimum standards

9 of licensure and methods of operation for hospitals and sat10 isfactory assurance that such standards will be applied and

11 enforced with respect to the hospital.

12 ‘‘(B) The Secretary shall establish the means for deter13 mining need and feasibility for the hospital, if the State

14 does not have an official procedure for determining need

15 for hospitals. If the State has an official procedure for deter16 mining need for hospitals, the Secretary shall require that

17 such procedure be followed before the application for insur18 ance is submitted, and the application shall document that

19 need has also been established under that procedure.’’.

20 (b) EFFECTIVE DATE.—

21 (1) IN GENERAL.—The amendment made by this

22 subsection (a) shall take effect and apply as of the

23 date of the enactment of this Act.

24 (2) EFFECT OF REGULATORY AUTHORITY.—Any

25 authority of the Secretary of Housing and Urban De26 velopment to issue regulations to carry out the
†

3

HR 659 EAS

1 amendment made by subsection (a) may not be con2 strued to affect the effectiveness or applicability of

3 such amendment under paragraph (1) of this sub4 section.

5 SEC. 3. EXEMPTION FOR CRITICAL ACCESS HOSPITALS.

6 (a) IN GENERAL.—Section 242 of the National Hous7 ing Act (12 U.S.C.1715z–7) is amended—

8 (1) in subsection (b)(1)(B), by inserting ‘‘, unless

9 the facility is a critical access hospital (as that term

10 is defined in section 1861(mm)(1) of the Social Secu11 rity Act (42 U.S.C. 1395x(mm)(1)))’’ after ‘‘tuber12 culosis’’; and

13 (2) by adding at the end the following:

14 ‘‘(i) TERMINATION OF EXEMPTION FOR CRITICAL AC15 CESS HOSPITALS.—

16 ‘‘(1) IN GENERAL.—The exemption for critical

17 access hospitals under subsection (b)(1)(B) shall have

18 no effect after July 31, 2006.

19 ‘‘(2) REPORT TO CONGRESS.—Not later than 3

20 years after July 31, 2003, the Secretary shall submit

21 a report to Congress detailing the effects of the exemp22 tion of critical access hospitals from the provisions of

23 subsection (b)(1)(B) on—

24 ‘‘(A) the provision of mortgage insurance to

25 hospitals under this section; and
†

4

HR 659 EAS

1 ‘‘(B) the General Insurance Fund estab2 lished under section 519.’’.

3 SEC. 4. STUDY OF BARRIERS TO RECEIPT OF INSURED

4 MORTGAGES BY FEDERALLY QUALIFIED

5 HEALTH CENTERS.

6 (a) IN GENERAL.—The Secretary of Housing and

7 Urban Development shall conduct a study on the barriers

8 to the receipt of mortgage insurance by Federally qualified

9 health centers (as defined in section 1905(l)(2)(B) of the So10 cial Security Act (42 U.S.C. 1396d(l)(2)(B))) under section

11 1101 of the National Housing Act (12 U.S.C. 1749aaa), or

12 other programs under that Act.

13 (b) REPORT.—Not later than 6 months after the date

14 of enactment of this Act, the Secretary of Housing and

15 Urban Development shall submit a report regarding any

16 appropriate legislative and regulatory changes needed to en17 able Federally qualified health centers to access mortgage

18 insurance under section 1101 of the National Housing Act

19 (12 U.S.C. 1749aaa), or other programs under that Act

20 to—

21 (1) the Committee on Banking, Housing, and

22 Urban Affairs of the Senate; and
†

5

HR 659 EAS

1 (2) the Committee on Financial Services of the

2 House of Representatives.

Attest:

Secretary.
108TH CONGRESS

1ST SESSION H. R. 659

AMENDMENT