Council, and such representation has not been granted recently. We believe that the bill should be amended so as to specifically provide for at least two physicians on this Council. Since the American Medical Association represents over 200,000 physicians, it seems appropriate that the representatives from medicine be selected from a panel submitted by the association. We believe that the objectives encompassed in H.R. 10041 can be best accomplished with the support and counsel of representatives of organized medicine on the Federal Hospital Council.

With respect to "diagnostic and treatment centers," we urge that they be deleted as facilities eligible to participate in the Hill-Burton program. There is little evidence of demand for these facilities since their inclusion in 1954. Moreover, the definition of the term “diagnostic or treatment center" in section 625, subsection (f) is vague. If these facilities are intended to be a part of a hospital, or hospital complex, we believe that other provisions of H.R. 10041 would permit such facilities to be financed without the necessity of maintaining a separate and distinct category.

In concluding our testimony before the House Interstate and Foreign Commerce Committee last March, the AMA representatives urged that section 623 be amended so as to clearly express the intent of Congress with respect to the acceptance of funds under the proposed law. We stated at that time, "We are confident that it has always been the intention of Congress that the nongovernmental character of a hospital would not be affected by its participation in the Hill-Burton program."

It is the opinion of the AMA's general counsel that the recent Simkins v. Moses H. Cone Memorial Hospital (323 R. 2d 959) decision is limited to civil rights problems. The American Medical Association, however, is still deeply concerned about the possibility that the Cone decision might be further extended to include matters other than civil rights. We therefore urge a reaffirmation of congressional intent that the participation of a private hospital in the HillBuron program does not in any way change the private character of the hospital in any respect other than outlawing discrimination based on race, creed, or color. We believe that the subcommittee should add language to the bill which, while in accord with the Cone decision, would effectively guarantee that this doctrine would not be extended to matters other than civil rights.

Thank you for permitting me this opportunity of presenting the views of the Nation's physicians on this important legislative proposal. I respectfully request that this statement be considered by your subcommittee and made a part of the record of your hearings on H.R. 10041.

Sincerely,

F. J. L. BLASINGAME, M.D.

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