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U.S. Code as of:
01/19/04
Section 1320b-4. Nonprofit hospital or critical access hospital philanthropy
For purposes of determining, under subchapters XVIII and XIX of
this chapter, the reasonable costs of services provided by
nonprofit hospitals or critical access hospitals, the following
items shall not be deducted from the operating costs of such
hospitals or critical access hospitals:
(1) A grant, gift, or endowment, or income therefrom, which is
to or for such a hospital and which has not been designated by
the donor for paying any specific operating costs.
(2) A grant or similar payment which is to such a hospital,
which was made by a governmental entity, and which is not
available under the terms of the grant or payment for use as
operating funds.
(3) Those types of donor designated grants and gifts (including
grants and similar payments which are made by a governmental
entity), and income therefrom, which the Secretary determines, in
the best interests of needed health care, should be encouraged.
(4) The proceeds from the sale or mortgage of any real estate
or other capital asset of such a hospital, which real estate or
asset the hospital acquired through gift or grant, if such
proceeds are not available for use as operating funds under the
terms of the gift or grant.
Paragraph (4) shall not apply to the recovery of the appropriate
share of depreciation when gains or losses are realized from the
disposal of depreciable assets.
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