Act, as used in this part, means the Federal Mine Safety and Health Act of 1977, as amended (30 U.S.C. 801 et seq.).
Secretary means the Secretary of Health and Human Services and any other officer or empolyee of the Department of Health and Human Services to whom the authority involved has been delegated.
Miner or coal miner means any individual who works or has worked in or around a coal mine or coal preparation facility in the extraction or preparation of coal. The term also includes an individual who works or has worked in coal mine construction or transportation in or around a coal mine, to the extent that the individual was exposed to coal dust as a result of employment.
Any State or public or private entity may apply for a grant under this part.
(a) The Secretary will give preference to a State, which meets the requirements of this part and applies for a grant under this part, over other applicants in that State.
(b) Within the limits of funds available for these purposes the Secretary may award grants to assist in the carrying out of those programs which will in the Secretary's judgment best promote the purposes of section 427(a) of the Act, taking into account;
(1) The number of miners to be served and their needs; and
(2) The quality and breadth of services to be provided.
All information as to personal facts and circumstances obtained by the grantee's staff about recipients of services shall be held confidential and shall not be disclosed without the individual's consent except as may be required by law or as may be necessary to provide service to the individual or to provide for audits with appropriate safeguards for confidentiality of patient records. Otherwise, information may be disclosed only in summary, statistical, or other form which does not identify particular individuals.
Grantees must carry out their projects in accordance with their applications and the provisions of this part.
The Secretary may, for good cause shown, waive provisions of these regulations.
Link to an amendment published at 89 FR 80066, Oct. 2, 2024.
Other regulations which apply to the Black Lung Clinics Program include, but are not limited to, the following:
42 CFR part 50, subpart D—Public Health Service grant appeals procedure;
42 CFR part 50, subpart E—Maximum allowable cost for drugs;
45 CFR part 16—Procedures of the Departmental Grant Appeals Board;
45 CFR part 19—Limitations on payment or reimbursement for drugs;
45 CFR part 75—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for HHS Awards;
45 CFR part 80—Nondiscrimination under programs receiving Federal assistance through the Department of Health and Human Services effectuation of title VI of the Civil Rights Act of 1964;
45 CFR part 81—Practice and procedure for hearings under part 80;
45 CFR part 84—Nondiscrimination on the basis of handicap in programs and activities receiving or benefiting from Federal financial assistance; and
45 CFR part 91—Nondiscrimination on the basis of age in HHS programs or activities receiving Federal financial assistance.
[50 FR 7913, Feb. 27, 1985, as amended at 81 FR 3008, Jan. 20, 2016]
authority: Sec. 427(a), Federal Mine Safety and Health Act of 1977, 92 Stat. 100 (
30 U.S.C. 937(a))
source: 50 FR 7913, Feb. 27, 1985, unless otherwise noted.
cite as: 42 CFR 55a.101