NEW FILE BEGINS - Doc #/2. B&B INFORMATION & IMAGE MANAGEMENT 300 Peowce Qeorar’s BOULEVARD UPPER MARLEORD, MARYLAND 2D772 © USA * (301) 249-5011D - poe - ie UNITE D.STATES GOVERNMENT DEPARTMENT OF HEALTH, El JUGATION, AND WELFARE hak OMNES , or OFFICE OF THE SECRETAKY a Lie 2MOTAnaUm ee, _ . Me. Kel D. Yordy A Assistant Director, Division of opt, ‘ y se o Dy 3T r ~ 4 ro : Repionsl Medical ‘Prograns, NEL DATE: January 6, 1968 | fl Wo Edward J. Rourke — si \ ssistant General ‘tcunsel i FROM; A SUIJEGP: Federal facility participation in regional medical programs--Section 328 '* and Title IX, PHS Act " , : . ws : “se Your memorandum of September 28 presents two particular situations included in the regional medical program proposed for the Washingtone ,. &Laska avea, and raises. the question of wnether the PES hospitals involved in these situations may "participate". 48 wa understand these situations, we would think the PHS hospital participation is authorized by section 328, PHS Act, as recently amended by P. L. 90-174. We do not understand that you presently are secking advice on whether the authority to make certain grants to Federal agencies as provided by section 507, PIS Act, as recently amended by P. L, 90-31, encompasses gyants to such agencies directly under Title IX.- \ Conceraing Title IX, we do not construe it as authorizing a , gxant to another Federal agency. Such authority would be so contrary : to the usual process by which Federal agencies receive funds as to call for express provision. It is not an authority to be derived by. AnpieGae10n from such terms in Title IX as authorize grants to a’ “public” agency, In the context of Title IX we do not construe “public! to include Federal hospitals. On the other hand, we see no legal reason why an eligible > grantee, under an approved Title IX operational grant, may not include - da his proposal (and budget) activities in which local Federal facilities might be utilized and receive appropriate reimbursement ' provided the Federal facility on its part is authorized to undertake 22 1/ The extraordinary authority of section 507 for one Federal agency ~ to make gryants to another, independent of the appropriation process, necds to be strictly construed. Our current impression is that the authority to "make a rescarch, demoastration or training project grant” does not contemplate a a grant under “Title IX for regional medical programs dixyectly to a Federal facility. iat ee J Eeadid AKA 1 1 goo ; HELP ELIMINATE WASTE. COST REDUCTION PROGR ULSVW , GPO: 1966 Om 797-837 2 transact L - ctivity and so to uti S $0 cauthorizead, ant froma te q 8] fu gs" t 9 0 fo bh ct S provided, ff t tae funds were oz + a @ through an elict - GO 16 G4 te oy n © ff cr re oct Q QO © @ ct Fe. “oo rt ar ts fee 3 2 4 Ds ph “ Or Q rf He} ero ct oO $3 $3 ty @ a [sy © G QO be ome oo Oo Pon 69 t ° ri ° 5 ct a © . =) O 93 tt ctr we mg xox local community dec to the use of community x veserved, cr ri 4] 3 0 $3 tt o rs O Oo ry C1 fe Sa r3 ct oO oO © ps ct fs rt BS uo » pes n "3S Turning to the authority of a PES hospital to “participate”, this cutnority would seem to be derived most cleariy from section 328, PHS Act, as added by P. L. 90-174, You will note that in significant part section 328 authorizes the Secretary (1) to enter into axvrancements with other health agencies for cooperative use of PUS facilities end services on a reciprocal or reimbursable basis that will benefit the training or research programs of the participants, and (2) to enter into arrangements with health care facilities for mutual use of "specialized health resources”, We would interpret such "resources" to include a medical library, .and we understand one of the proposais before you is to build up an existing PHS hospital Libvary so that it wiil constitute an adequate resource for the entire medical community, not merely for the PHS hospital, We see no Legal objection to a grantec's otherwise authorized use of funds granted under Title IX for this purpose under an appropriate agreement between the Secretary on benalf of the PHS hospital and the grantee that comes within.th terms of section 328. - We assume comparable arrangements may encompass the other . Proposal you have for review (evaluation at a PHS hospital of a naxsing service checklist developed through the grantee), but we are not clear as to the nature of this project or as to what fund toms are contemplated, If after consideration of section 328 in the light of this proposal you have any legal questions, we will be glad to consider them. We suggest the same approach -for PHS. hospitals can be applied to Veterans Administration or other Federal hospital facilities provided the VA hospital or other such facility has suthority comparable to section 328, PHS Act, by which the facility can enter into cooperative arrangements with other health facilities in the community of its location. As to VA hospitals, we have noted the amendment to its statutes by P. L. 89-785 authorising certain cooperative community activities. Advice on the interpretation of this provision is, of course, a matter for the Legal advisers of the vs. a te lene Tay, 5 - ee 2 ~- wan ted on SGC LON a0. wae 5 SO c 5 aN ete ah a « va? LOn uu oO ey fe i ae bal, staan ae pte nw: v ee wake ry "dome wn roo or dk a L Peo + al ot tr -< Ty ne : Ox feone be bee 2a meen te 4 Mens wis cr wn An ts abe n AS ee - wet TAC TON “, LT oy fe -- @ Vatera coi oe aren, % me sc ae ne Pe) es cal y t A é 4 ze = Of nan Vt an 7" * Ar ae ad oe ea way es rac CS~CC, on of eake! Orr ae ec rwintat S Wished ve rn au we wd ‘a 9 Pad wT om : 2EVLCOQ ond silable, of we ¥ 7 a < a Uv, ”~ fa ere Lt “i a Bane cleny sisy Ox, c 2 Se ica . AVASRSTL at ead ~ he Mon OBO 1D: ate ot tee <1 ubLe coma Q uct on Oo te an Ley 1 ‘ . sheen Ne we 3 ioe wk . 3 x "> - s a 3 tent od ar ron D. 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Sn Ov 2h Guia we . a ee eo ae om as sap ene: progran fro RS the cot i icipatr < vt « . he . . core, fu objec Les, 7 ” + Cac a LL i 42 fa a EaC £ it, oSy TONOS y mont % oO Oo such 7 I = on way ot oe BUMSS © for the accomplis Qncg Cpe ee Be u* ee ct, eco 4 ~ Heal Public 3 tne of a Sec to whether aoolias to & ey rea he red co ea pina 9/28/67, * CHilsenroth