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Authority:
Sec. 118, Pub. L. 96–86, Oct. 12, 1979, unless otherwise noted. Source:
43 FR 4570, Feb. 2, 1978, unless otherwise noted. The provisions of this subpart are applicable to programs or projects for health services which are supported in whole or in part by Federal financial assistance, whether by grant or contract, appropriated to the Department of Health and Human Services and administered by the Public Health Service. § 50.302 Definitions.As used in this subpart: (a) Law enforcement agency means an agency, or any part thereof, charged under applicable law with enforcement of the general penal statutes of the United States, or of any State or local jurisdiction. (b) Medical procedures performed upon a victim of rape or incest means any medical service, including an abortion, performed for the purpose of preventing or terminating a pregnancy arising out of an incident of rape or incest. (c) Physician means a doctor of medicine or osteopathy legally authorized to practice medicine and surgery by the State in which he or she practices. (d) Public health service means: (1) An agency of the United States or of a State or local government, that provides health or medical services; and (2) A rural health clinic, as defined under section 1(d)(aa)(2) of Pub. L. 95–210, 91 Stat. 1485; except that any agency or facility whose principal function is the performance of abortions is specifically excluded from this definition. § 50.303 General rule.Federal financial participation is not available for the performance of an abortion in programs or projects to which this subpart applies except under circumstances described in §50.304 or §50.306. [43 FR 4570, Feb. 2, 1978, as amended at 44 FR 61598, Oct. 26, 1979] § 50.304 Life of the mother would be endangered.Federal financial participation is available in expenditures for an abortion when a physician has found, and so certified in writing to the program or project, that on the basis of his/her professional judgment, the life of the mother would be endangered if the fetus were carried to term. The certification must contain the name and address of the patient. (Sec. 101, Pub. L. 95–205, 91 Stat. 1461, Dec. 9, 1977) [43 FR 13868, July 21, 1978] § 50.305 [Reserved]§ 50.306 Rape and incest.Federal financial participation is available in expenditures for medical procedures performed upon a victim of rape or incest if the program or project has received signed documentation from a law enforcement agency or public health service stating: (a) That the person upon whom the medical procedure was performed was reported to have been the victim of an incident of rape or incest; (b) The date on which the incident occurred; (c) The date on which the report was made, which must have been within 60 days of the date on which the incident occurred; (d) The name and address of the victim and the name and address of the person making the report (if different from the victim); and (e) That the report included the signature of the person who reported the incident. Federal financial participation is also available in expenditures for abortions for victims of rape or incest under the circumstances described in §50.304 without regard to the requirements of the preceding sentence. (Sec. 101, Pub. L. 95–205, 91 Stat. 1461, Dec. 9, 1977) [43 FR 13868, July 21, 1978, as amended at 44 FR 61598, Oct. 26, 1979] § 50.307 Documentation needed by programs or projects.Federal financial participation is unavailable for the performance of abortions or other medical procedures otherwise provided for under §§50.304 and 50.306 if the program or project has paid without first having received the certifications and documentation specified in those sections. [43 FR 4570, Feb. 2, 1978, as amended at 44 FR 61598, Oct. 26, 1979] § 50.308 Drugs and devices and termination of ectopic pregnancies.Federal financial participation is available with respect to the cost of drugs or devices to prevent implantation of the fertilized ovum, and for medical procedures necessary for the termination of an ectopic pregnancy. § 50.309 Recordkeeping requirements.Programs or projects to which this subpart applies must maintain copies of the certifications and documentation specified in §§50.304 and 50.306 for three years pursuant to the retention and custodial requirements for records at 45 CFR 74.20 et seq. [43 FR 4570, Feb. 2, 1978, as amended at 44 FR 61598, Oct. 26, 1979] § 50.310 Confidentiality.Information in the records or in the possession of programs or projects which is acquired in connection with the requirements of this subpart may not be disclosed in a form which permits the identification of an individual without the individual's consent except as may be necessary for the health of the individual or as may be necessary for the Secretary to monitor the activities of those programs or projects. In any event, any disclosure shall be subject to appropriate safeguards which will minimize the likelihood of disclosures of personal information in identifiable form. Browse Previous | Browse Next
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