§ 1749aaa-5. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 12USC1749aaa-5]
TITLE 12--BANKS AND BANKING
CHAPTER 13--NATIONAL HOUSING
SUBCHAPTER IX-B--MORTGAGE INSURANCE FOR GROUP PRACTICE FACILITIES AND
MEDICAL PRACTICE FACILITIES
Sec. 1749aaa-5. Definitions
For the purposes of this subchapter--
(1) The term ``group practice facility'' means a facility in a
State for the provision of preventive, diagnostic, and treatment
services to ambulatory patients (in which patient care is under the
professional supervision of persons licensed to practice medicine or
osteopathy in the State or, in the case of optometric care or
treatment, is under the professional supervision of persons licensed
to practice optometry in the State, or, in the case of dental
diagnosis or treatment, is under the professional supervision of
persons licensed to practice dentistry in the State, or, in the case
of podiatric care or treatment, is under the professional
supervision of persons licensed to practice podiatry in the State)
and which is primarily for the provision of such health services by
a medical or dental group.
(2) The term ``medical practice facility'' means an adequately
equipped facility in which not more than four persons licensed to
practice medicine in the State where the facility is located can
provide, as may be appropriate, preventive, diagnostic, and
treatment services, and which is situated in a rural area or small
town, or in a low-income section of an urban area, in which there
exists, as determined by the Secretary, a critical shortage of
physicians. As used in this paragraph--
(A) the term ``small town'' means any town, village, or city
having a population of not more than 10,000 inhabitants
according to the most recent available data compiled by the
Bureau of the Census; and
(B) the term ``low-income section of an urban area'' means a
section of a larger urban area in which the median family income
is substantially lower, as determined by the Secretary, than the
median family income for the area as a whole.
(3) The term ``medical or dental group'' means a partnership or
other association or group of persons licensed to practice medicine,
osteopathy, or surgery in the State, or of persons licensed to
practice optometry in the State, or of persons licensed to practice
dentistry in the State, or of persons licensed to practice podiatry
in the State, or of any combination of such persons, who, as their
principal professional activity and as a group responsibility,
engage or undertake to engage in the coordinated practice of their
profession primarily in one or more group practice facilities, and
who (in this connection) share common overhead expenses (if and to
the extent such expenses are paid by members of the group), medical
and other records, and substantial portions of the equipment and the
professional, technical, and administrative staffs, and which
partnership or association or group is composed of at least such
professional personnel and make available at least such health
services as may be provided in regulations prescribed under this
subchapter.
(4) The term ``group practice unit or organization'' means--
(A) a private nonprofit agency or organization undertaking
to provide, directly or through arrangements with a medical or
dental group, comprehensive medical care, osteopathic care,
optometric care, dental care, or podiatric care, or any
combination thereof, which may include hospitalization, to
members or subscribers primarily on a group practice prepayments
basis; or
(B) a private nonprofit agency or organization, established
for the purpose of improving the availability of medical,
osteopathic, optometric, dental or podiatric care in the
community or having some function or functions related to the
provision of such care, which will, through lease or other
arrangement, make the group practice facility with respect to
which assistance has been requested under this subchapter
available to a medical or dental group for use by it.
(5) The term ``nonprofit organization'' means a corporation,
association, foundation, trust, or other organization no part of the
net earnings of which inures, or may lawfully inure, to the benefit
of any private shareholder or individual except, in the case of an
organization the purposes of which include the provision of personal
health services to its members or subscribers or their dependents
under a plan of such organization for the provision of such services
to them (which plan may include the provision of other services or
insurance benefits to them), through the provision of such health
services (or such other services or insurance benefits) to such
members or subscribers or dependents under such plan.
(6) The term ``State'' includes the Commonwealth of Puerto Rico,
Guam, the Virgin Islands, American Samoa, and the District of
Columbia.
(7) The term ``mortgage'' means a first mortgage on real estate
in fee simple, or on the interest of either the lessor or lessee
thereof (A) under a lease for not less than ninety-nine years which
is renewable, or (B) under a lease having a period of not less than
fifty years to run from the date the mortgage was executed. The term
``first mortgage'' means such classes of first liens as are commonly
given to secure advances (including but not limited to advances
during construction) on, or the unpaid purchase price of, real
estate under the laws of the State in which the real estate is
located, together with the credit instrument or instruments, if any,
secured thereby, and any mortgage may be in the form of one or more
trust mortgages or mortgage indentures or deeds of trust, securing
notes, bonds, or other credit instruments, and, by the same
instrument or by a separate instrument, may create a security
interest in initial equipment, whether or not attached to the
realty.
(8) The term ``mortgagee'' means the original lender under a
mortgage, and his or its successors and assigns, and includes the
holders of credit instruments issued under a trust mortgage or deed
of trust pursuant to which such holders act by and through a trustee
named therein.
(9) The term ``mortgagor'' means the original borrower under a
mortgage and his or its successors and assigns.
(June 27, 1934, ch. 847, title XI, Sec. 1106, as added Pub. L. 89-754,
title V, Sec. 502(a), Nov. 3, 1966, 80 Stat. 1276; amended Pub. L. 93-
383, title III, Sec. 312(a)(6), (b), Aug. 22, 1974, 88 Stat. 683, 684.)
Amendments
1974--Par. (1). Pub. L. 93-383, Sec. 312(b)(1), inserted references
to practice of osteopathy and authorized inclusion of podiatric care or
treatment under the professional supervision of persons licensed to
practice podiatry in the State.
Par. (2). Pub. L. 93-383, Sec. 312(a)(6), added par. (2). Former
par. (2) redesignated (3).
Par. (3). Pub. L. 93-383, Sec. 312(a)(6), (b)(2), redesignated
former par. (2) as par. (3) and inserted references to persons licensed
to practice osteopathy and persons licensed to practice podiatry. Former
par. (3) redesignated (4).
Par. (4). Pub. L. 93-383, Sec. 312(a)(6), (b)(3), (4), redesignated
former par. (3) as par. (4) and in cls. (A) and (B) inserted references
to osteopathic care and podiatric care wherever appearing. Former par.
(4) redesignated (5).
Pars. (5) to (9). Pub. L. 93-383, Sec. 312(a)(6), redesignated
former pars. (4) to (8) as pars. (5) to (9), respectively.
Section Referred to in Other Sections
This section is referred to in sections 1735f-19, 1749aaa-4 of this
title.
