The law › Title 12, Banks and Banking › Chapter 13
12 U.S.C. 1715w: Mortgage insurance for nursing homes, intermediate care facilities, and board and care homes
Created in 1959 by Public Law 86-372. Changed by 17 later laws. No bill we track in this Congress changes it.
6 other sections of the Code cite this one, including 12 U.S.C. 1701q–2, 12 U.S.C. 1715n, 12 U.S.C. 1735f–19, 25 U.S.C. 1621d, 34 U.S.C. 60541.
1 part of federal rules cite it as their authority, written by Office of Assistant Secretary for Housing—federal Housing Commissioner, Department of Housing and Urban Development (1).
- past change
- enacted this Congress
- proposed
This Congress
No bill we track in the 119th Congress changes this section.
How it got here
1998
- Pub. L. 105–276 made technical correction to directory language of Pub. L. 105–65. See 1997 Amendment note below. (Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999) Law text · (b)
1997
- Pub. L. 105–65, as amended by Pub. L. 105–276, substituted "ten years to run beyond the maturity date of the mortgage" for "fifty years to run from the date the mortgage was executed". (Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1998) Law text · (b)
1992
- Pub. L. 102–550, §511(a)(1), substituted "any" for "either" in introductory provisions. · (a)
- Pub. L. 102–550, §511(a)(2), added par. (3). · (a)
- Pub. L. 102–550, §511(b), added pars. (6) and (7). · (b), (7)
- Pub. L. 102–550, §511(c)(1), in introductory provisions, inserted ", assisted living facility," after "rehabilitated nursing home,", substituted "any combination of nursing home, assisted living facility, and intermediate care facility" for "combined nursing home and intermediate care … · (d)
- Pub. L. 102–550, §511(c)(2), inserted "or 95 percent of the estimated value of the property or project in the case of a mortgagor that is a private nonprofit corporation or association (under the meaning given such term for purposes of section 1715l(d)(3) of this title)," before "in… · (d)
- Pub. L. 102–550, §511(c)(3), inserted concluding provisions. · (d)
- Pub. L. 102–550, §511(c)(4), added subpar. (C). · (d)
- Pub. L. 102–550, §511(d), inserted ", assisted living facilities," after "nursing homes". · (i)
- Pub. L. 102–550, §511(e), added subsec. (j). · (j)
1988
- Pub. L. 100–242, §410(a), inserted "public facility," before "proprietary". · (b)
- Pub. L. 100–242, §429(e)(1), indented as par. (3) former run-in cl. (3) defining "nursing home" and "intermediate care facility", inserted "the term", and struck out "and" after semicolon at end, redesignated as par. (4) former par. (3) defining "mortgage", and redesignated a… · (b)
- Pub. L. 100–242, §410(b), inserted "If no such State agency exists, or if the State agency exists but is not empowered to provide a certification that there is a need for the home or facility or combined home and facility as required in clause (i) of the first sentence, the Secre… · (d)
- Pub. L. 100–242, §429(e)(2), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: "bear interest at not to exceed a rate determined by the Secretary to be necessary to meet the loan market". · (i)
1984
- Pub. L. 98–479 inserted reference to board and care homes in section catchline.
1983
- Pub. L. 98–181, §437(a), inserted "and board and care homes" after "intermediate care facilities". · (a)
- Pub. L. 98–181, §437(b), added par. (4). · (b)
- Pub. L. 98–181, §437(c)(1), in provisions preceding par. (1) inserted "or a board and care home" after "and intermediate care facility,". · (d)
- Pub. L. 98–181, §404(b)(10), substituted provision that the interest rate be at such a rate as agreed upon by the mortgagor and the mortgagee for provision that the interest rate, exclusive of premium charges for insurance, not exceed 5 per centum per annum on the amount of the p… · (d)
- Pub. L. 98–181, §437(c)(2), designated existing provision as subpar. (A), substituted "With respect to nursing homes and intermediate care facilities and combined nursing home and intermediate care facilities, the" for "The" and "(i)" and "(ii)" for "(A)" and "(B)", respectively, an… · (d)
- Pub. L. 98–181, §437(d), (e), substituted "Health and Human Services" for "Health, Education, and Welfare". · (g), (h)
- Pub. L. 98–181, §437(f)(1), inserted "or to board and care homes" after "intermediate care facilities", "(or any subsequent edition specified by the Secretary of Health and Human Services)" after "Association", and "or as mandated by a State under provisions of section 1616(e) of su… · (i)
- Pub. L. 98–181, §437(f)(2), added subpar. (F). · (i)
1980
- Pub. L. 96–399 revised existing provisions into introductory paragraph and subpar. (A) and added subpar. (B). · (d)
1978
- Pub. L. 95–557, §312(a), inserted ", including additional facilities for the nonresident care of elderly individuals and others who are able to live independently but who require care during the day" after pars. (1) and (2). · (a)
- Pub. L. 95–557, §312(b), inserted "(3) a 'nursing home' or 'intermediate care facility' may include such additional facilities as may be authorized by the Secretary for the nonresident care of elderly individuals and others who are able to live independently but who require care dur… · (b)
1977
- Pub. L. 95–128 inserted reference to section 300m of title 42. · (d)
1974
- Pub. L. 93–383 struck out "not to exceed $12,500,000, and" after "an amount". · (d)
1973
- Pub. L. 93–204 added subsec. (i). · (i)
1969
- Pub. L. 91–152, §111(1), added to stated purpose of this section of developing nursing homes, the development of intermediate care facilities or the development of such facilities in combination with nursing home facilities. · (a)
- Pub. L. 91–152, §111(2), (3), struck out "and" after "is located;" in par. (1), redesignated par. (2) as (3), and added par. (2). · (b)
- Pub. L. 91–152, §111(4), inserted provision authorizing the Secretary to insure any mortgage which covers an intermediate care facility or combined nursing home and intermediate care facility. · (d)
- Pub. L. 91–152, §111(5), substituted "operation of the home or facility or combined home or facility" for "operation of the nursing home". · (d)
- Pub. L. 91–152, §111(6), substituted "section 291d(a)(1) of title 42" for "section 291b(a)(1) of title 42", and made provisions applicable to the insurance of mortgages covering intermediate care facilities or combined nursing home and intermediate care facilities. · (d)
- Pub. L. 91–152, §111(7), added subsecs. (g) and (h). · (g), (h)
1968
- Pub. L. 90–448, §314(1), redefined term "mortgage" to mean a first mortgage on real estate in fee simple, or on the interest of either the lessor or lessee thereof under a lease for not less than ninety-nine years which is renewable, or under a lease having a period of not less than… · (b)
- Pub. L. 90–448, §314(2), (3), authorized the Secretary to insure a mortgage which includes equipment to be used in the operation of a nursing home, and permitted the value of the equipment to be included in the calculation of the 90 per centum of the estimated value. · (d)
1967
- Pub. L. 90–19 substituted "Secretary" for "Commissioner" wherever appearing.
1965
- Pub. L. 89–117, §1108(m)(1), substituted "General Insurance Fund" for "section 207 Housing Insurance Fund". · (d)
- Pub. L. 89–117, §1108(m)(2), struck out references to subsecs. (f), (m) and (p) of section 1713 of this title. · (f)
1964
- Pub. L. 88–560 inserted "or facility of a private nonprofit corporation or association" after "proprietary facility". · (b)
1961
- Pub. L. 87–70 substituted "90 per centum" for "75 per centum". · (d)
Text, outline and history from the official U.S. Code (2024 edition) on GovInfo, published by the Office of the Law Revision Counsel. Changes made after that edition appear under This Congress.