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Statutory Text

SEC. 5602. NEGOTIATED RULEMAKING FOR DEVELOPMENT OF METHODOLOGY
AND CRITERIA FOR DESIGNATING MEDICALLY
UNDERSERVED POPULATIONS AND HEALTH PROFESSIONS
SHORTAGE AREAS.
(a) ESTABLISHMENT.—
(1) IN GENERAL.—The Secretary of Health and Human
Services (in this section referred to as the ‘‘Secretary’’) shall establish,
through a negotiated rulemaking process under subchapter
3 of chapter 5 of title 5, United States Code, a comprehensive
methodology and criteria for designation of—
(A) medically underserved populations in accordance
with section 330(b)(3) of the Public Health Service Act (42
U.S.C. 254b(b)(3));
(B) health professions shortage areas under section
332 of the Public Health Service Act (42 U.S.C. 254e).
(2) FACTORS TO CONSIDER.—In establishing the methodology
and criteria under paragraph (1), the Secretary—
(A) shall consult with relevant stakeholders who will
be significantly affected by a rule (such as national, State
and regional organizations representing affected entities),
State health offices, community organizations, health centers
and other affected entities, and other interested parties;
and
(B) shall take into account—
(i) the timely availability and appropriateness of
data used to determine a designation to potential applicants
for such designations;
(ii) the impact of the methodology and criteria on
communities of various types and on health centers
and other safety net providers;
(iii) the degree of ease or difficulty that will face
potential applicants for such designations in securing
the necessary data; and
(iv) the extent to which the methodology accurately
measures various barriers that confront individuals
and population groups in seeking health care
services.
(b) PUBLICATION OF NOTICE.—In carrying out the rulemaking
process under this subsection, the Secretary shall publish the notice
provided for under section 564(a) of title 5, United States Code,
by not later than 45 days after the date of the enactment of this
Act.
(c) TARGET DATE FOR PUBLICATION OF RULE.—As part of the
notice under subsection (b), and for purposes of this subsection, the
‘‘target date for publication’’, as referred to in section 564(a)(5) of
title 5, United Sates Code, shall be July 1, 2010.
(d) APPOINTMENT OF NEGOTIATED RULEMAKING COMMITTEE
AND FACILITATOR.—The Secretary shall provide for—
(1) the appointment of a negotiated rulemaking committee
under section 565(a) of title 5, United States Code, by not later
than 30 days after the end of the comment period provided for
under section 564(c) of such title; and
(2) the nomination of a facilitator under section 566(c) of
such title 5 by not later than 10 days after the date of appointment
of the committee.
(e) PRELIMINARY COMMITTEE REPORT.—The negotiated rulemaking
committee appointed under subsection (d) shall report to
the Secretary, by not later than April 1, 2010, regarding the committee’s
progress on achieving a consensus with regard to the rulemaking
proceeding and whether such consensus is likely to occur
before one month before the target date for publication of the rule.
If the committee reports that the committee has failed to make significant
progress toward such consensus or is unlikely to reach
such consensus by the target date, the Secretary may terminate
such process and provide for the publication of a rule under this
section through such other methods as the Secretary may provide.
(f) FINAL COMMITTEE REPORT.—If the committee is not terminated
under subsection (e), the rulemaking committee shall submit
a report containing a proposed rule by not later than one month
before the target publication date.
(g) INTERIM FINAL EFFECT.—The Secretary shall publish a rule
under this section in the Federal Register by not later than the target
publication date. Such rule shall be effective and final immediately
on an interim basis, but is subject to change and revision
after public notice and opportunity for a period (of not less than 90
days) for public comment. In connection with such rule, the Secretary
shall specify the process for the timely review and approval
of applications for such designations pursuant to such rules and
consistent with this section.
(h) PUBLICATION OF RULE AFTER PUBLIC COMMENT.—The Secretary
shall provide for consideration of such comments and republication
of such rule by not later than 1 year after the target publication
date.