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Subpart B-Contract Rights and Obligations Sec.

Sec. 1100.70 Prevailing wage requirements.

1100.251 Incorporation by reference. 1100.72 Prevailing wage determination. 1100.75 Ineligible contracts.

AUTHORITY: The provisions of this part 1100.77 Wage certificate.

1100 issued under sec. 1101, 80 Stat. 1255,

1274; 12 U.S.C. 1749aaa-l et seq. FUNDS AND FINANCES

SOURCE: The provisions of this Part 1100 :3 1100.85 Funds and finances--deposits and appear at 32 F.R. 6571, Apr. 28, 1967, unless letters of credit.

otherwise noted. 1100.87 Funds and finances--offsite utillties and streets.

Subpart A-Eligibility Requirements 2 1100.90 Funds and finances-insured advances--general requirements.

DEFINITIONS 1100.92 Funds and finances-insured ad

§ 1100.1 Definitions. vances--working capital. 1100.95 Funds and finances-insured ad

As used in this subpart, the term: vances-assurance of comple

(a) “Act", "Commissioner", "morttion. gagor”, and “mortgagee” shall have the


same meaning as prescribed in § 207.251 1100.100 Supervisior of mortgagor-form of

of this chapter. regulation.

(b) “Group practice facility” means 1100.102 Supervision or mortgagor-main

an establishment designed for operation tenance of project.

primarily by a medical or dental group 1100.105 Supervision of mortgagor-books which provides preventive, diagnostic, and accounts.

and treatment services to ambulatory 1100.107 Supervision of mortgagor-inspec- patients under the professional super

tion of facilities by Commis- vision of persons licensed to practice

sioner. 1100.110 Supervision of mortgagor-control

dentistry, medicine, or optometry in the

State. over surplus cash. 1100.112 Supervision of mortgagor-fund

(c) “Group practice unit” means & for replacements.

private nonprofit organization of one of 1100.115 Rental of facilities.

the following types: PROPERTY REQUIREMENTS

(1) An organization which undertakes

to provide (directly or through arrange1100.120 Eligibility of property.

ments with a medical or dental group) 1100.122 Special property requirements. 1100.125 Zoning, deed or building restric

complete dental, medical, or optometric tions.

care, or any combination thereof. It 1100.127 Discrimination prohibited.

may also provide health insurance to

members or subscribers on a group pracCOST CERTIFICATION

tice prepayment basis. 1100.140 Certification of cost requirements. (2) An organization established for PRELE 1100.142 Certificate as to subcontracts.

the purpose of providing dental, medical

, 1100.145 Form of contract.

or optometric care or for performing 1100.147 Certificate of actual costs.

functions related to such care through 1100.150 Certificate of actual costs-general contractor's costs.

arrangements for the use of the group 1100.152 Certificate of actual costssub

practice facility by a medical or dental contractor's costs.

group. 1100.155 Records. 1100.157 Adjustment of cost-new construc

(d) “Medical or dental group" means tion.

a partnership or other association of 1100.160 Adjustment of cost-rehabilitation.

persons licensed to practice dentistry, 1100.162 Reduction in mortgage amount.

medicine, or optometry in the State who, 1100.165 Effect of agreement.

as their principal professional activity 1100.167 Cost certification incontestable.

and as a group responsibility, engage in TITLE

the coordinated practice of their profes

sion in one or more group practice fa. tyst 1100.180 Eligibility of title. 1100.182 Title evidence.

cilities. The group shall share common FACILITIES FOR OLDER DECLINING AREAS overhead expenses, shall jointly estab

lish medical and other records, and shall Mana 1100.185 Eligibility of mortgages covering facilities in certain neighbor

jointly use substantial portions of the toplice hoods.

equipment and the services of profes

sional, technical, and administrative Naithe 1100.249 Effect of amendments.


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staffs. It shall be composed of such types (c) Commitment-(1) Conditions of of professional personnel and shall make commitment. Upon approval of an appliavailable such health services as may be cation for insurance, a commitment shall required to meet the standards pre- be issued by the Commissioner setting scribed by the Commissioner.

forth the terms and conditions upon (e) “Mortgage" means such classes of which the mortgage will be insured. first liens as are commonly given to se- (2) Types of commitments. The comcure advances on, or the unpaid purchase mitment may provide for the insurance price of, real estate under the laws of of advances of mortgage money made the State in which the real estate is during construction or may provide for located, together with any credit instru- the insurance of the mortgage after comment or instruments secured thereby. pletion of the improvements. The mortgage may be in the form of (3) Term of commitment. (i) If the one or more trust mortgages or mortgage commitment fee is paid as required, a indentures or deeds of trust securing commitment shall have a term which is notes, bonds, or other credit instruments; determined as follows: and by the same instrument or by a sep- (a) A commitment to insure advances arate instrument, it may create a secu- shall be effective for a period of not more rity interest in initial equipment whether than 180 days from the date of issuance. or not the equipment is attached to the (b) A commitment to insure upon realty.

completion shall be effective for a desig(f) “Nonprofit organization" means a nated term within which the mortgagor corporation, association, foundation, is required to begin construction, and if trust, or other organization no part of construction is begun as required, the the net earnings of which may lawfully commitment shall be effective for such inure to the benefit of any private share- additional period, estimated by the Comholder or individual. The provision by missioner, as will allow for completion of à nonprofit organization of personal construction. health services to members or subscribers (ii) The term of a commitment may be or their dependents under a plan which extended in such manner as the Commisi may also provide for other services or sioner may, from time to time, prescribe. insurance benefits, shall not make the (iii) If the payment of a commitment organization ineligible under this defini- fee is not received by the Commissioner tion.

within 30 days after the date of issuance (g) "State” includes the several States, of a commitment, the commitment shall Puerto Rico, the District of Columbia, expire on the 30th day. Guam, the Virgin Islands, and American (d) Commitment fee. A commitment Samoa.

fee which, when added to the application PRELIMINARY EXAMINATION

fee, will aggregate $3 per thousand dol

lars of the face amount of the mortgage $ 1100.5 Preliminary examination. set forth in the commitment, shall be

Prior to the filing of an application, paid within 30 days after the date of the the sponsor of a proposed group practice

commitment. facility may request and shall be given (e) Inspection fee. The commitment an analysis of the project. A fee of $400

may provide for the payment of an shall accompany the request for analysis.

inspection fee in an amount not to exceed

$5 per thousand dollars of the commitAPPLICATION, FEES, AND CHARGES BY

ment. If an inspection fee is required, it MORTGAGEE

shall be paid as follows: f 1100.10 Application filing and

(1) If the case involves the insurance quired fees.

of advances, it shall be paid at the time

of initial endorsement. (a) Application. An application for insurance of a mortgage on a group prac

(2) If the case involves insurance tice facility shall be submitted by an ap

upon completion, it shall be paid prior

to the date construction is begun. proved mortgagee and by the sponsors

(f) Fees on increases (1) Increase in of such project through the local FHA

commitment prior to endorsement. Upon office on an approved FHA form.

an application, filed prior to initial en(b) Application fee. An application fee dorsement (or prior to endorsement in a of $1.50 per thousand dollars of the case involving insurance upon compleamount of the mortgage applied for shall tion), for an increase in the amount of accompany the application.

an outstanding commitment, an addi


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tional application fee of $1.50 per thou- thousand dollars of the amount of the sand dollars computed upon the amount loan applied for shall be submitted with of the increase requested shall accom- the application for the commitment. No pany the application. Any increase in inspection fee shall be required. the amount of a commitment shall be (g) Reopening of expired commitsubject to the payment of an additional ments. An expired commitment may be commitment fee which, when added to reopened if a request for reopening is the additional application fee, will ag- received by the Commissioner within 90 gregate $3 per thousand dollars of the days of the expiration of the commitamount of the increase. The additional ment. The reopening request shall be accommitment fee shall be paid within 30 companied by a fee of 50 cents per thoudays after the date of the issuance of the sand dollars of the amount of the examended commitment. If the additional pired commitment. A commitment which commitment fee is not paid within 30 has expired because of failure to pay the days, the commitment for the increased commitment fee may be reopened only amount will expire and the previous upon payment of the commitment fee commitment will be reinstated. If an in- and the reopening fee. If the reopening spection fee was required in the original request is not received by the Commiscommitment, an additional inspection sioner within the required 90-day period, fee shall be paid in an amount not to a new application, accompanied by an exceed $5 per thousand dollars of the application fee, must be submitted. If amount of increase in commitment. commitment for an increased amount Where insurance of advances are in- has expired because of failure to pay an volved, the additional inspection fee shall additional commitment fee based on the 15 be paid at the time of initial endorse- amount of the increase, the reopening. ment. Where insurance upon comple- fee shall be computed on the basis of the tion is involved, the additional inspec- amount of the commitment increase tion fee shall be paid prior to the date rather than on the amount of the origconstruction is begun or if construction inal commitment. has begun, it shall be paid with the ap- (h) Transfer fee. Upon application for plication for increase.

approval of a case involving the trans- en (2) Increase in mortgage between fer of physical assets or involving the initial and final endorsement. Upon an substitution of mortgagors, a transfer application, filed between initial and fee of 50 cents per thousand dollars shall final endorsement, for an increase in be paid on the original face amount of the amount of the mortgage, either by

the mortgage. amendment or by substitution of a new (i) Refund of fees. If an application is der mortgage, an additional application fee rejected before it is assigned for process this of $1.50 per thousand dollars computed ing, or in such other instances as the water on the amount of the increase requested Commissioner may determine, the entire_iter shall accompany the application. The application fee or any portion thereoffie un approval of any increase in the amount may be returned to the applicant. Com-dilic). of the mortgage shall be subject to the mitment, inspection and reopening fees payment of an additional commitment may be refunded, in whole or in part, if E fee which, when added to the additional it is determined by the Commissioner 125 application fee, will aggregate $3 per that there is a lack of need for the housthousand dollars of the amount of the ing or that the construction or financing increase granted. If an inspection fee of the project has been prevented because was required in the original commitment, of condemnation proceedings or other th an additional inspection fee shall be paid type of legal action taken by a govern. in an amount not to exceed $5 per thou

mental body or public agency, or in such um sand dollars of the amount of the in- other instances as the Commissioner may

determine. A transfer fee may be refund. crease granted. The additional commitment and inspection fees shall be paid ed only in such instances as the Com

missioner may determine. within 30 days after the increase is

[34 F.R. 17518, Oct. 30, 1969, as amended a morte granted.

35 F.R. 6648, Apr. 25, 1970) (3) Loan to cover operating losses. In connection with a loan to cover operating 81100.11

Maximum fees and charges : 132 losses during the first two years follow

by mortgagee. ing completion of the project, a combined

The mortgagee may collect from the application and commitment fee of $3 per

mortgagor the amount of the fees pro

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vided for in this subpart. The mortgagee may also collect from the mortgagor an initial service charge in an amount not to exceed 2 percent of the original principal amount of the mortgage to reimburse the mortgagee for the cost of closing the transaction. Any additional charges or fees collected from the mortgagor shall be subject to prior approval of the Commissioner. [34 F.R. 17519, Oct. 30, 1969) $ 1100.12 Unavailability of conventional

financing. The application for insurance shall be accompanied by such evidence as the Commissioner may require to establish that the mortagagor or sponsor has been unable to obtain an uninsured mortgage loan for financing the proposed project with terms comparable to those prescribed in $ $ 1100.30 through 1100.50 for à mortgage insured under this subpart. $ 1100.15 Extension of commitment.

When the mortgagee has failed to take action within the period of time required in order to prevent the expiration of a commitment or in order to reopen an expired commitment, the Commissioner may extend such period and may retroactively reinstate or reopen such commitment.

ELIGIBLE MORTGAGORS $ 1100.20 Eligible mortgagors.

In order to be eligible as a mortgagor under this subpart, the applicant shall establish to the satisfaction of the Commissioner that it qualifies as a group practice unit as that term is defined in $ 1100.1(c).

ELIGIBLE MORTGAGEES $ 1100.25 Qualifications for lenders.

The provisions of $ $ 203.1 through 203.4 of this chapter and $ $ 203.6 through 203.9 of this chapter shall govern the eligibility, qualifications and requirements of mortgagees under this subpart.

MAXIMUM MORTGAGE AMOUNTS f 1100.30 Maximum mortgage

amounts-dollar limitation. The mortgage shall involve a principal obligation not in excess of $5 million. $ 1100.32 Maximum mortgage

amount-loan to value limitation. In addition to meeting the dollar limitation set forth in § 1100.30, the mort

gage shall involve a principal obligation not in excess of 90 percent of the Commissioner's estimate of the replacement cost of the property when construction or rehabilitation is completed. The cost of the property may include the land and proposed physical improvements, equipment, utilities within the boundaries of the property, architect's fees, taxes, and interest accruing during construction, and other miscellaneous charges approved by the Commissioner as incident to the construction or rehabilitation. (35 F.R. 289, Jan. 8, 1970) $ 1100.35 Adjusted mortgage amount

rehabilitation projects. In addition to meeting the dollar and loan-to-value limitations set forth in 8 $ 1100.30 and 1100.32, a mortgage financing the rehabilitation of existing improvements shall be subject to the following additional limitations:

(a) Property held unencumbered. If the mortgagor is the fee simple owner of the property and the ownership is not encumbered by an outstanding indebtedness, the mortgage shall not exceed 100 percent of the Commissioner's estimate of the cost of the proposed rehabilitation.

(b) Property subject to existing mortgage. If the mortgagor owns the property subject to an outstanding indebtedness, which is to be refinanced with part of the insured mortgage, the mortgage shall not exceed the total of the following:

(1) The Commissioner's estimate of the cost of rehabilitation, plus

(2) Such portion of the outstanding indebtedness as does not exceed 90 percent of the Commissioner's estimate of the fair market value of such land and improvements prior to rehabilitation.

(c) Property to be acquired. If the property is to be acquired by the mortgagor and the purchase price is to be financed with a part of the insured mortgage, the mortgage shall not exceed 90 percent of the total of the following:

(1) The Commissioner's estimate of the cost of rehabilitation, plus

(2) The actual purchase price of the land and improvements or the Commissioner's estimate (prior to rehabilitation) of the fair market value of such land and improvements, whichever is the lesser. $ 1100.37 Reduced mortgage amount

leaseholds. If the mortgage is on a leasehold estate rather than a fee simple holding, the maximum mortgage amount based upon the limitations of this part is subject to reduction by an amount equal to the capitalized value of the ground rent. § 1100.38 Loans to cover 2-year operat

ing loss. (a) Operating loss determination. When the Commissioner determines that an operating loss has occurred during the first 2 years following completion of the project, he may, in his discretion, accept for insurance under this part, a loan to cover such loss. For the purposes of this section, an operating loss shall occur when the Commissioner determines that the total of the taxes, interest on the mortgage debt, mortgage insurance premiums, hazard insurance premiums, and the expense of maintenance and operation of the project (excluding depreciation) exceeds the project income.

(b) Security instrument. The loan shall be secured by an instrument in a form approved by the Commissioner for use in the jurisdiction in which the project is located.

(c) Maximum interest rate. The loan may bear interest at such rate as may be agreed upon by the mortgagee and the mortgagor, but in no case shall such rate exceed the rate in effect under $ 1100.45 on the date the commitment is issued. Interest shall be payable in monthly installments on the principal then outstanding.

(d) Maturity. The loan shall be limited to a term not exceeding the unexpired term of the original mortgage. [33 F.R. 11169, Aug. 7, 1968] § 1100.40 Mortgage provisions.

All of the provisions of $ 207.3 of this chapter apply to mortgages insured under this subpart. These provisions prescribe the mortgage form and the obligation of the mortgagee for disbursing the mortgage proceeds.

ELIGIBLE MORTGAGES $ 1100.45 Maximum interest rate.

(a) The mortgage shall bear interest at the rate agreed upon by the mortgagee and the mortgagor, which rate shall not exceed 8 percent, except that the mortgage may bear interest at a rate not to exceed 812 percent with respect to mortgages insured pursuant to:

(1) Letters issued by the Secretary before December 2, 1970 inviting submission of an application for commitment.

(2) Applications for commitment received by the Secretary before December 2, 1970.

(b) Interest shall be payable in monthly installments on the principal amount of the mortgage outstanding on the due date of each installment. (Sec. 1104, 80 Stat. 1275; 12 U.S.C. 1749aaa-3) [33 F.R. 7082, May 11, 1968, as amended at 35 F.R. 18524, Dec. 5, 1970) $ 1100.47 Maximum mortgage maturity.

The mortgage shall have a maturity not to exceed 25 years from the date of the beginning of amortization of the mortgage, and shall contain amortization or sinking fund provisions satisfactory to the Commissioner. (33 FR 11170, Aug. 7, 1968] § 1100.50 Payment requirements.

The mortgage shall provide for payments on the first day of each month on account of interest and for payments to principal in accordance with an amortization plan or sinking fund provisions agreed upon by the mortgagor, the mortgagee and the Commissioner. § 1100.52 Application of payments.

All payments to be made by the mortgagor to the mortgagee shall be added together and the aggregate amount thereof shall be paid by the mortgagor each month in a single payment. The mortgagee shall apply each payment received to the following items in the order set forth:

(a) Premium charges under the contract of insurance.

(b) Ground rents, taxes, special assessments, and fire and other hazard insurance premiums.

(c) Interest on the mortgage.

(d) Amortization of the principal of the mortgage. $ 1100.55 Accumulation of accruals.

All of the provisions of g 207.12 of this chapter apply to mortgages insured under this subpart. These provisions relate to payments to be made by the mortgagor to be accumulated by the mortgagee for paying the annual mortgage insurance premium, ground rents, taxes, water rates, special assessments, and fire and other hazard insurance premiums.

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