US (United States) Code. Title 24. Chapter 9: Hospitalization of mentally ill nationals returned

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Hospitals and asylums. Foreign Countries

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  • Idioma: inglés
  • País: Estados Unidos Estados Unidos
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publicidad

-CITE-

24 USC CHAPTER 9 - HOSPITALIZATION OF MENTALLY ILL

NATIONALS RETURNED FROM FOREIGN

COUNTRIES 01/06/03

-EXPCITE-

TITLE 24 - HOSPITALS AND ASYLUMS

CHAPTER 9 - HOSPITALIZATION OF MENTALLY ILL NATIONALS RETURNED FROM

FOREIGN COUNTRIES

-HEAD-

CHAPTER 9 - HOSPITALIZATION OF MENTALLY ILL NATIONALS RETURNED FROM

FOREIGN COUNTRIES

-MISC1-

Sec.

321. Definitions.

322. Reception of eligible persons at ports of entry or

debarkation.

(a) Arrangements for care, treatment, and

assistance.

(b) Payment or reimbursement for care, treatment,

or assistance.

323. Transfer and release to State of residence or legal

domicile, or to relative.

324. Care and treatment of eligible persons until transfer

and release.

(a) Place of hospitalization.

(b) Ineligible persons.

325. Examination of persons admitted.

(a) Time and frequency of examination; discharge.

(b) Notice to legal guardian, etc.

326. Release of patient.

(a) Request; determination of right to retain;

retention after request.

(b) Transfer to another hospital.

327. Notification to committing court of discharge or

conditional release.

328. Payment for care and treatment.

(a) Persons liable; scope of liability; compromise

or waiver; investigations; judicial

proceedings.

(b) "Costs or charges" defined.

329. Availability of appropriations for transportation.

-End-

-CITE-

24 USC Sec. 321 01/06/03

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TITLE 24 - HOSPITALS AND ASYLUMS

CHAPTER 9 - HOSPITALIZATION OF MENTALLY ILL NATIONALS RETURNED FROM

FOREIGN COUNTRIES

-HEAD-

Sec. 321. Definitions

-STATUTE-

For the purposes of this chapter except as the context may

otherwise require -

(a) The term "Department" means the Department of Health and

Human Services.

(b) The term "Secretary" means the Secretary of Health and Human

Services.

(c) The term "State" means a State or Territory of the United

States, the Commonwealth of Puerto Rico, or the District of

Columbia.

(d) The term "eligible person" means an individual with respect

to whom the following certificates are furnished to the Secretary:

(1) A certificate of the Secretary of State that such

individual is a national of the United States; and

(2) Either (A) a certificate obtained or transmitted by the

Secretary of State that such individual has been legally adjudged

insane in a named foreign country, or (B) a certificate of an

appropriate authority or person (as determined in accordance with

regulations prescribed by the Secretary of Health and Human

Services) stating that at the time of such certification such

individual was in a named foreign country and was in need of care

and treatment in a mental hospital.

(e) The term "residence" means residence as determined under the

applicable law or regulations of a State or political subdivision

for the purpose of determining the eligibility of an individual for

hospitalization in a public mental hospital.

-SOURCE-

(Pub. L. 86-571, Sec. 1, July 5, 1960, 74 Stat. 308; Pub. L. 96-88,

title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

-CHANGE-

CHANGE OF NAME

"Department of Health and Human Services" substituted for

"Department of Health, Education, and Welfare" in subsec. (a) and

"Secretary of Health and Human Services" substituted for "Secretary

of Health, Education, and Welfare" in subsecs. (b) and (d)(2),

pursuant to section 509(b) of Pub. L. 96-88 which is classified to

section 3508(b) of Title 20, Education.

-MISC1-

EFFECTIVE DATE

Section 11 of Pub. L. 86-571 provided that: "This Act [enacting

this chapter and repealing sections 191a and 196a of this title]

shall, except as otherwise specified, take effect on the date of

its enactment [July 5, 1960]."

-End-

-CITE-

24 USC Sec. 322 01/06/03

-EXPCITE-

TITLE 24 - HOSPITALS AND ASYLUMS

CHAPTER 9 - HOSPITALIZATION OF MENTALLY ILL NATIONALS RETURNED FROM

FOREIGN COUNTRIES

-HEAD-

Sec. 322. Reception of eligible persons at ports of entry or

debarkation

-STATUTE-

(a) Arrangements for care, treatment, and assistance

Upon request of the Secretary of State, the Secretary of Health

and Human Services is authorized (directly or through arrangements

under this subsection) to receive any eligible person at any port

of entry or debarkation upon arrival from a foreign country and, to

the extent he finds it necessary, to temporarily care for and treat

at suitable facilities (including a hospital), and otherwise render

assistance to, such person pending his transfer or hospitalization

pursuant to other sections of this chapter. For the purpose of

providing such care and treatment and assistance, the Secretary is

authorized to enter into suitable arrangements with appropriate

State or other public or nonprofit agencies. Such arrangements

shall be made without regard to section 5 of title 41, and may

provide for payment by the Secretary either in advance or by way of

reimbursement.

(b) Payment or reimbursement for care, treatment, or assistance

The Secretary may, to the extent deemed appropriate, equitable,

and practicable by him, (1) require any person receiving care and

treatment or assistance pursuant to subsection (a) of this section

to pay, in advance or by way of reimbursement, for the cost thereof

or (2) obtain reimbursement for such cost from any State or

political subdivision responsible for the cost of his subsequent

hospitalization.

-SOURCE-

(Pub. L. 86-571, Sec. 2, July 5, 1960, 74 Stat. 308; Pub. L. 96-88,

title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

-CHANGE-

CHANGE OF NAME

"Secretary of Health and Human Services" substituted in text for

"Secretary of Health, Education, and Welfare" pursuant to section

509(b) of Pub. L. 96-88 which is classified to section 3508(b) of

Title 20, Education.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 323, 324, 325, 326 of

this title.

-End-

-CITE-

24 USC Sec. 323 01/06/03

-EXPCITE-

TITLE 24 - HOSPITALS AND ASYLUMS

CHAPTER 9 - HOSPITALIZATION OF MENTALLY ILL NATIONALS RETURNED FROM

FOREIGN COUNTRIES

-HEAD-

Sec. 323. Transfer and release to State of residence or legal

domicile, or to relative

-STATUTE-

If, at the time of arrival in the United States, the residence or

the legal domicile of an eligible person appearing to be in need of

care and treatment in a mental hospital is known to be in a State,

or whenever thereafter such a person's residence or legal domicile

in a State is ascertained, the Secretary shall, if the person is

then under his care (whether directly or pursuant to a contract or

other arrangement under section 322 or 324 of this title), endeavor

to arrange with the proper authorities of such State, or of a

political subdivision thereof, for the assumption of responsibility

for the care and treatment of such person by such authorities and

shall, upon the making of such arrangement in writing, transfer and

release such person to such authorities. In the event the State of

the residence or legal domicile of an eligible person cannot be

ascertained, or the Secretary is unable to arrange with the proper

authorities of such State, or of a political subdivision thereof,

for the assumption of responsibility for his care and treatment,

the Secretary may, if he determines that the best interests of such

person will be served thereby, transfer and release the eligible

person to a relative who agrees in writing to assume responsibility

for such person after having been fully informed as to his

condition.

-SOURCE-

(Pub. L. 86-571, Sec. 3, July 5, 1960, 74 Stat. 308.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 324, 327, 329 of this

title.

-End-

-CITE-

24 USC Sec. 324 01/06/03

-EXPCITE-

TITLE 24 - HOSPITALS AND ASYLUMS

CHAPTER 9 - HOSPITALIZATION OF MENTALLY ILL NATIONALS RETURNED FROM

FOREIGN COUNTRIES

-HEAD-

Sec. 324. Care and treatment of eligible persons until transfer and

release

-STATUTE-

(a) Place of hospitalization

Until the transfer and release of an eligible person pursuant to

section 323 of this title, the Secretary is authorized to provide

care and treatment for such person at any Federal hospital within

or (pursuant to agreement) outside of the Department, or (under

contract or other arrangements made without regard to section 5 of

title 41) at any other public or private hospital in any State and,

for such purposes, to transfer such person to any such hospital

from a place of temporary care provided pursuant to section 322 of

this title. In determining the place of such hospitalization, the

Secretary shall give due weight to the best interests of the

patient.

(b) Ineligible persons

The authority of the Secretary to provide hospitalization for any

person under this section shall not apply to any person for whose

medical care and treatment any agency of the United States is

responsible.

-SOURCE-

(Pub. L. 86-571, Sec. 4, July 5, 1960, 74 Stat. 309; Pub. L.

98-621, Sec. 10(r), Nov. 8, 1984, 98 Stat. 3381.)

-MISC1-

AMENDMENTS

1984 - Subsec. (a). Pub. L. 98-621 substituted "any" for "Saint

Elizabeth Hospital, at any other" after "for such person" in first

sentence.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-621 effective Oct. 1, 1987, see section

12(b) of Pub. L. 98-621 set out as an Effective Date note under

section 225 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 168b, 323, 325, 326, 327,

328 of this title.

-End-

-CITE-

24 USC Sec. 325 01/06/03

-EXPCITE-

TITLE 24 - HOSPITALS AND ASYLUMS

CHAPTER 9 - HOSPITALIZATION OF MENTALLY ILL NATIONALS RETURNED FROM

FOREIGN COUNTRIES

-HEAD-

Sec. 325. Examination of persons admitted

-STATUTE-

(a) Time and frequency of examination; discharge

Any person admitted to any hospital pursuant to section 322 or

section 324 of this title shall, as soon as practicable, but in no

event more than five days after the day of such admission, be

examined by qualified members of the medical staff of the hospital

and, unless found to be in need of hospitalization by reason of

mental illness, shall be discharged. Any person found upon such

examination to be in need of such hospitalization shall thereafter,

as frequently as practicable but not less often than every six

months, be reexamined and shall, whenever it is determined that the

conditions justifying such hospitalization no longer obtain, be

discharged or, if found to be in the best interests of the patient,

be conditionally released.

(b) Notice to legal guardian, etc.

Whenever any person is admitted to a hospital pursuant to this

chapter, his legal guardian, spouse, or next of kin shall, if

known, be immediately notified.

-SOURCE-

(Pub. L. 86-571, Sec. 5, July 5, 1960, 74 Stat. 309.)

-End-

-CITE-

24 USC Sec. 326 01/06/03

-EXPCITE-

TITLE 24 - HOSPITALS AND ASYLUMS

CHAPTER 9 - HOSPITALIZATION OF MENTALLY ILL NATIONALS RETURNED FROM

FOREIGN COUNTRIES

-HEAD-

Sec. 326. Release of patient

-STATUTE-

(a) Request; determination of right to retain; retention after

request

If a person who is a patient hospitalized under section 322 or

324 of this title, or his legal guardian, spouse, or adult next of

kin, requests the release of such patient, the right of the

Secretary, or the head of the hospital, to detain him for care and

treatment shall be determined in accordance with such laws

governing the detention, for care and treatment, of persons alleged

to be mentally ill as may be in force and applicable generally in

the State in which such hospital is located, but in no event shall

the patient be detained more than forty-eight hours (excluding any

period of time falling on a Sunday or legal holiday) after the

receipt of such request unless within such time (1) judicial

proceedings for such hospitalization are commenced or (2) a

judicial extension of such time is obtained, for a period of not

more than five days, for the commencement of such proceedings.

(b) Transfer to another hospital

The Secretary is authorized at any time, when he deems it to be

in the interest of the person or of the institution affected, to

transfer any person hospitalized under section 324 of this title

from one hospital to another, and to that end any judicial

commitment of any person so hospitalized may be to the Secretary.

-SOURCE-

(Pub. L. 86-571, Sec. 6, July 5, 1960, 74 Stat. 309.)

-End-

-CITE-

24 USC Sec. 327 01/06/03

-EXPCITE-

TITLE 24 - HOSPITALS AND ASYLUMS

CHAPTER 9 - HOSPITALIZATION OF MENTALLY ILL NATIONALS RETURNED FROM

FOREIGN COUNTRIES

-HEAD-

Sec. 327. Notification to committing court of discharge or

conditional release

-STATUTE-

In the case of any person hospitalized under section 324 of this

title who has been judicially committed to the Secretary's custody,

the Secretary shall, upon the discharge or conditional release of

such person, or upon such person's transfer and release under

section 323 of this title, notify the committing court of such

discharge or conditional release or such transfer and release.

-SOURCE-

(Pub. L. 86-571, Sec. 7, July 5, 1960, 74 Stat. 310.)

-End-

-CITE-

24 USC Sec. 328 01/06/03

-EXPCITE-

TITLE 24 - HOSPITALS AND ASYLUMS

CHAPTER 9 - HOSPITALIZATION OF MENTALLY ILL NATIONALS RETURNED FROM

FOREIGN COUNTRIES

-HEAD-

Sec. 328. Payment for care and treatment

-STATUTE-

(a) Persons liable; scope of liability; compromise or waiver;

investigations; judicial proceedings

Any person hospitalized under section 324 of this title or his

estate, shall be liable to pay or contribute toward the payment of

the costs or charges for his care and treatment to the same extent

as such person would, if resident in the District of Columbia, be

liable to pay, under the laws of the District of Columbia, for his

care and maintenance in a hospital for the mentally ill in that

jurisdiction. The Secretary may, in his discretion, where in his

judgment substantial justice will be best served thereby or the

probable recovery will not warrant the expense of collection,

compromise or waive the whole or any portion of any claim under

this section. In carrying out this section, the Secretary may make

or cause to be made such investigations as may be necessary to

determine the ability of any person hospitalized under section 324

of this title to pay or contribute toward the cost of his

hospitalization. All collections or reimbursement on account of the

costs and charges for the care of the eligible person shall be

deposited in the Treasury as miscellaneous receipts. Any judicial

proceedings to recover such costs or charges shall be brought in

the name of the United States in any court of competent

jurisdiction.

(b) "Costs or charges" defined

As used in this section, the term "costs or charges" means, in

the case of hospitalization at a hospital under the jurisdiction of

the Department of Health and Human Services, a per diem rate

prescribed by the Secretary on a basis comparable to that charged

for any other paying patients and, in the case of persons

hospitalized elsewhere, the contract rate or a per diem rate fixed

by the Secretary on the basis of the contract rate.

-SOURCE-

(Pub. L. 86-571, Sec. 8, July 5, 1960, 74 Stat. 310; Pub. L. 96-88,

title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

-CHANGE-

CHANGE OF NAME

"Department of Health and Human Services" substituted in text for

"Department of Health, Education, and Welfare" pursuant to section

509(b) of Pub. L. 96-88 which is classified to section 3508(b) of

Title 20, Education.

-End-

-CITE-

24 USC Sec. 329 01/06/03

-EXPCITE-

TITLE 24 - HOSPITALS AND ASYLUMS

CHAPTER 9 - HOSPITALIZATION OF MENTALLY ILL NATIONALS RETURNED FROM

FOREIGN COUNTRIES

-HEAD-

Sec. 329. Availability of appropriations for transportation

-STATUTE-

Appropriations for carrying out this chapter shall also be

available for the transportation of any eligible person and

necessary attendants to or from a hospital (including any hospital

of a State or political subdivision to which an eligible person is

released under section 323 of this title), to the place where a

relative to whom any person is released under section 323 of this

title resides, or to a person's home upon his discharge from

hospitalization under this chapter.

-SOURCE-

(Pub. L. 86-571, Sec. 9, July 5, 1960, 74 Stat. 310.)

-End-