§ 54.615   Obtaining services.

   (a) Selecting a provider. In selecting a telecommunications carrier, a
   health care provider shall consider all bids submitted and select the most
   cost-effective alternative.

   (b) Receiving supported rate. Upon receiving a bona fide request, as defined
   in paragraph (c) of this section, from a rural health care provider for a
   telecommunications  service  that  is  eligible  for support under the
   Telecommunications Program, a telecommunications carrier shall provide the
   service at a rate no higher than the urban rate, as defined in § 54.605,
   subject to the limitations applicable to the Telecommunications Program.

   (c) Bona fide request. In order to receive services eligible for support
   under the Telecommunications Program, an eligible health care provider must
   submit a request for services to the telecommunications carrier, signed by
   an authorized officer of the health care provider, and shall include that
   person's certification under oath that:

   (1) The requester is a public or non-profit entity that falls within one of
   the seven categories set forth in the definition of health care provider,
   listed in § 54.601(a);

   (2) The requester is physically located in a rural area, or if the requester
   is a mobile rural health care provider requesting services under § 54.609(e),
   that the requester has certified that it is serving eligible rural areas;

   (3) [Reserved]

   (4) The requested service or services will be used solely for purposes
   reasonably related to the provision of health care services or instruction
   that the health care provider is legally authorized to provide under the law
   in the state in which such health care services or instruction are provided;

   (5)  The  requested  service  or  services will not be sold, resold or
   transferred in consideration of money or any other thing of value;

   (6) If the service or services are being purchased as part of an aggregated
   purchase with other entities or individuals, the full details of any such
   arrangement, including the identities of all co-purchasers and the portion
   of the service or services being purchased by the health care provider; and

   (7) The requester is selecting the most cost-effective method of providing
   the requested service or services, where the most cost-effective method of
   providing a service is defined as the method that costs the least after
   consideration of the features, quality of transmission, reliability, and
   other factors that the health care provider deems relevant to choosing a
   method of providing the required health care services.

   (d) Annual renewal. The certification set forth in paragraph (c) of this
   section shall be renewed annually.

   [ 62 FR 32948 , June 17, 1997, as amended at  70 FR 6373 , Feb. 7, 2005;  78 FR 13984 , Mar. 1, 2013]

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