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Current through October 23, 2012
Notwithstanding any other provision of law, the Mayor of the District of Columbia is authorized to furnish, pursuant to regulations prescribed by the Council of the District of Columbia, subsistence, living quarters, and laundry in lieu of salary to persons authorized by the Mayor to work in facilities of the government of the District of Columbia for the purposes of securing training and experience in their future vocations.
(Oct. 26, 1973, 87 Stat. 505, Pub. L. 93-140, § 7; Mar. 3, 1979, D.C. Law 2-139, § 3205(dd), 25 DCR 5740.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 32-127.
1973 Ed., § 32-334.
Temporary Addition of Section
For temporary (225 day) addition of sections, see §§ 2 to 6 of Emergency Financial Assistance for Hospitals Temporary Act of 1999 (D.C. Law 13-37, October 7, 1999, law notification 46 DCR 8701).
"Sec. 2. Definitions. For the purposes of this act, the term:
"(1) 'Catchment area' means the area served by a hospital that receives funds pursuant to this act.
"(2) 'Community hospital' or 'hospital' means an entity which, through its staff and supporting resources or through contracts or cooperative arrangements with other public or private entities, provides medical services for all residents of its catchment area.
"(3) 'Medically underserved population' means the population of an area designated by the Mayor as an area with a shortage of personal health services or a population group designated by the Mayor as having a shortage of such services. Medically underserved areas will be designated by the Mayor and a list of those designated will be published in the District of Columbia Register from time to time, taking into consideration the following factors, among others:
"(A) Available health resources in relation to size of the area and its population, including appropriate ratios of primary care physicians in general or family practice, internal medicine, pediatrics, or obstetrics and gynecology to the population;
"(B) Health indices for the population of the area, such as infant mortality rate;
"(C) Economic factors affecting the population's access to health services, such as percentage of the population with incomes below the poverty level; and
"(D) Demographic factors affecting the population's need and demand for health services, such as percentage of the population age 65 and over.
"(5) 'Nonprofit,' as applied to any private agency, institution, or organization, means one which is a corporation or association, or is owned and operated by one or more corporations or associations, that is exempt from income tax under section 501(c)(3) of the Internal Revenue Code, approved August 16, 1954 (68A Stat. 163, 26 U.S.C. § 501(c)(3), and no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual.
"Sec. 3. Mayoral authority.
"(a) The Mayor is hereby authorized to establish a Emergency Hospital Loan and Grant Fund and to make or contract to make publicly-financed low-interest loans to hospitals in medically underserved areas of the District for the operation of such hospital.
"(b) The Mayor is hereby authorized to guarantee loans to nonprofit hospitals that provide health services to medically underserved populations.
"(c) The Mayor is hereby authorized to provide grants to nonprofit hospitals that provide health services to medically underserved populations.
"(d) Such sums as may be necessary are authorized to be appropriated to carry out this section.
"(e) The Mayor shall submit the proposed grant, loan or loan guarantee to the Council. No proposed grant, loan or loan guarantee, authorized by this section, shall be made without the approval of the Council. The Council shall, within a 14-day period, approve or disapprove by resolution the proposed grant, loan or loan guarantee.
" Sec. 4. Basic qualifications.
"To qualify for assistance under this act, the Mayor shall ascertain that:
"(1) The hospital is nonprofit;
"(2) All services offered by the hospital are furnished in accordance with applicable Federal and District laws;
"(3) The hospital provides acute care inpatient medical services to a medically underserved population in the District of Columbia;
"(4) The hospital is primarily engaged in providing acute care inpatient medical services;
"(5) The hospital has a debt service coverage ratio of less than 1:1;
"(6) The hospital and its staff are in compliance with applicable federal and District of Columbia laws and regulations;
"(7) The hospital is licensed pursuant to applicable laws; and
"(8) The staff of the hospital are licensed, certified, or registered in accordance with applicable laws.
"Sec. 5. Loan, grant, and loan guarantee provisions.
"(a) The principal amount of any loan or grant made or guaranteed by the Mayor under this act shall be disbursed to the hospital in accordance with an agreement entered into between the parties to the loan and approved by the Mayor.
"(b) The principal amount of each loan or loan guarantee, together with interest thereon, shall be repayable over a period of 20 years, beginning on the date of endorsement of the loan or loan guarantee by the Mayor. The Mayor may approve a shorter repayment period if he determines that a repayment period of less than 20 years is more appropriate to an entity's total financial plan.
"(c) As conditions to the loan the Mayor may require:
"(1) A reorganization plan, or business plan detailing steps for financial stability.
"(2) Full disclosure to appropriate District officials of financial statements, including statements of related affiliates and subsidiaries.
"(d) The principal amount of each loan, grant, or loan guarantee, together with interest thereon shall be repayable in accordance with a repayment schedule that is agreed upon by the parties to the loan or loan guarantee and approved by the Mayor before or at the time of endorsement of the loan or grant. Unless otherwise specifically authorized by the Mayor, each loan or grant made or guaranteed by the Mayor shall be repayable in substantially level combined installments of principal and interest to be paid at intervals not less frequently than annually, sufficient in amount to amortize the loan through the final year of the life of the loan. Principal repayment during the first 60 months of operation may be deferred with payment reauthorized over the remaining 15 years. Interest rate charged shall be comparable to the rate of interest on a 20 year treasury note, adjusted to provide for appropriate administrative charges.
" Sec. 6. Assistance in medically underserved areas for public use. All loans made by the Mayor and all money expended by the Mayor in connection with the exercise of any power granted pursuant to this act are exercised for a public use."
Section 8 (b) of D.C. Law 13-37 provides that the act shall expire after 225 days of its having taken effect
Emergency Act Amendments
For temporary (90-day) addition of §§ 32-131 to 32-135, see §§ 2 to 6 of the Emergency Financial Assistance for Hospitals Emergency Act of 1999 (D.C. Act 13-95, June 15, 1999, 46 DCR 5636).
For temporary (90-day) authorization of hospital loans and grants, see § 2 of the Emergency Financial Assistance for Hospitals Emergency Act of 1999 (D.C. Act 13-95, June 15, 1999, 46 DCR 5636).
For temporary (90-day) addition of §§ 32-131 to 32-135, see §§ 2 to 6 of the Emergency Financial Assistance for Hospitals Congressional Review Emergency Act of 1999 (D.C. Act 13-140, September 28, 1999, 46 DCR 7968).
For temporary (90-day) authorization of hospital loans and grants, see § 2 of the Emergency Financial Assistance for Hospitals Congressional Review Emergency Act of 1999 (D.C. Act 13-140, September 28, 1999, 46 DCR 7968).
Legislative History of Laws
Law 2-139 was introduced in Council and assigned Bill No. 2-10, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on October 17, 1978 and October 31, 1978, respectively. Signed by the Mayor on November 22, 1978, it was assigned Act No. 2-300 and transmitted to both Houses of Congress for its review.
Change in Government
This section originated at a time when local government powers were delegated to the District of Columbia Council and to a Commissioner of the District of Columbia. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
