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Case 8:23-cv-00504 Document 1 Filed 03/20/23 Page 41 of 45 Page ID #:41 <br /> 1 account the need for medical services in homeless and high poverty populations. <br /> 2 164. In addition, various federal regulations and state statutes and regulations <br /> 3 embrace a legislative policy against discrimination in the provision of health care <br /> 4 services based on source of payment, including 42 CFR §§ 460.98, 460.112, Cal Health <br /> 5 & Sa£ Code § 1256.2, & 22 CCR §§ 97520.15, 70707. Discrimination against health <br /> 6 care provided by government-funded entities also impermissibly discriminates against <br /> 7 those individuals with disabilities who rely on such funding due to inability to work as a <br /> 8 result of their disabilities, as well as seniors who rely on such funding due to retirement. <br /> 9 165. The Public Health Service Act provides that eligible community health <br /> 10 centers and their employees are employees of the federal Public Health Service ("PHS") <br /> 11 for certain purposes. The Secretary of Health and Human Services deems a community <br /> 12 health center to be a PHS employee after the center has qualified for certain federal <br /> 13 assistance. Once a community health center is deemed a PHS employee, it enjoys <br /> 14 immunity from those acts that relate to its employment, and any actions against it are <br /> 15 treated as actions against the United States. Furthermore, for a FQHC receiving funds <br /> 16 under 42 U.S.C. § 254b, any officer, governing board member, or employee of such an <br /> 17 entity . . . shall be deemed to be an employee of the Public Health Service for purposes <br /> 18 such as immunity from liability for medical malpractice, etc. <br /> 19 166. There is, therefore, a direct agency relationship between FQHCs, such as <br /> 20 SOS, and the federal government. Sections 4 and 8 of the Urgency Ordinance, sections <br /> 21 9 and 16 of the Permanent Ordinance,and the discriminatory CUP Requirement in <br /> 22 Municipal Code § 41-313.5(p) interfere and conflict with the accomplishment and <br /> 23 execution of the full purposes and objectives of Congress, particularly with respect to <br /> 24 providing health care to underserved populations, including homeless persons. <br /> 41 <br /> Complaint of Share Our Selves <br />