US (United States) Code. Title 42. Chapter 22: Indian hospitals and health facilities

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # The Public Health and Welfare

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-CITE-

42 USC CHAPTER 22 - INDIAN HOSPITALS AND HEALTH

FACILITIES 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 22 - INDIAN HOSPITALS AND HEALTH FACILITIES

-HEAD-

CHAPTER 22 - INDIAN HOSPITALS AND HEALTH FACILITIES

-MISC1-

SUBCHAPTER I - MAINTENANCE AND OPERATION

Sec.

2001. Hospitals and health facilities transferred to Public

Health Service; restriction on closing hospitals.

2002. Transfer of hospitals and facilities to State or

private institutions; conditions and restrictions;

failure to meet requirements.

2003. Regulations.

2004. Transfer of personnel, property, records, monies.

2004a. Sanitation facilities.

(a) Powers of Surgeon General.

(b) Transfer and reversion of lands.

(c) Project consultation and participation.

2004b. Implementation of education, hospital and health

facility, etc., contracts and grants by Public Health

Service personnel; request for detail of personnel.

SUBCHAPTER II - CONSTRUCTION OF HEALTH FACILITIES AND COMMUNITY

HOSPITALS

2005. Financial assistance by Surgeon General.

2005a. Amount of assistance; determination of costs.

2005b. Conditions of assistance.

2005c. Payments.

2005d. Eligibility of assisted project for aid under other

acts; excluded costs.

2005e. Definitions.

2005f. Supervision or control of assisted hospitals.

-End-

-CITE-

42 USC SUBCHAPTER I - MAINTENANCE AND OPERATION 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 22 - INDIAN HOSPITALS AND HEALTH FACILITIES

SUBCHAPTER I - MAINTENANCE AND OPERATION

-HEAD-

SUBCHAPTER I - MAINTENANCE AND OPERATION

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 2005 of this title;

title 16 section 1164; title 25 sections 450f, 458aaa-4, 903a,

1661; title 50 App. section 456.

-End-

-CITE-

42 USC Sec. 2001 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 22 - INDIAN HOSPITALS AND HEALTH FACILITIES

SUBCHAPTER I - MAINTENANCE AND OPERATION

-HEAD-

Sec. 2001. Hospitals and health facilities transferred to Public

Health Service; restriction on closing hospitals

-STATUTE-

(a) All functions, responsibilities, authorities, and duties of

the Department of the Interior, the Bureau of Indian Affairs,

Secretary of the Interior, and the Commissioner of Indian Affairs

relating to the maintenance and operation of hospital and health

facilities for Indians, and the conservation of the health of

Indians, are transferred to, and shall be administered by, the

Surgeon General of the United States Public Health Service, under

the supervision and direction of the Secretary of Health and Human

Services: Provided, That hospitals now in operation for a specific

tribe or tribes of Indians shall not be closed prior to July 1,

1956, without the consent of the governing body of the tribe or its

organized council.

(b) In carrying out his functions, responsibilities, authorities,

and duties under this subchapter, the Secretary is authorized, with

the consent of the Indian people served, to contract with private

or other non-Federal health agencies or organizations for the

provision of health services to such people on a fee-for-service

basis or on a prepayment or other similar basis.

-SOURCE-

(Aug. 5, 1954, ch. 658, Sec. 1, 68 Stat. 674; Pub. L. 93-222, Sec.

6(a), Dec. 29, 1973, 87 Stat. 935; Pub. L. 96-88, title V, Sec.

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

-MISC1-

AMENDMENTS

1973 - Pub. L. 93-222 designated existing provisions as subsec.

(a) and added subsec. (b).

EFFECTIVE DATE

Section 6 of act Aug. 5, 1954, as amended by Pub. L. 86-121, Sec.

2, July 31, 1959, 73 Stat. 268, provided that: "Sections 1 to 5,

inclusive, of this Act [enacting this subchapter and repealing

sections 444 to 449 of Title 25, Indians] shall take effect July 1,

1959."

-TRANS-

TRANSFER OF FUNCTIONS

Office of Surgeon General abolished by section 3 of Reorg. Plan

No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and

functions thereof transferred to Secretary of Health, Education,

and Welfare by section 1 of Reorg. Plan No. 3 of 1966, set out as a

note under section 202 of this title. Secretary of Health,

Education, and Welfare redesignated Secretary of Health and Human

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

section 3508(b) of Title 20, Education.

-End-

-CITE-

42 USC Sec. 2002 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 22 - INDIAN HOSPITALS AND HEALTH FACILITIES

SUBCHAPTER I - MAINTENANCE AND OPERATION

-HEAD-

Sec. 2002. Transfer of hospitals and facilities to State or private

institutions; conditions and restrictions; failure to meet

requirements

-STATUTE-

Whenever the health needs of the Indians can be better met

thereby, the Secretary of Health and Human Services is authorized

in his discretion to enter into contracts with any State,

Territory, or political subdivision thereof, or any private

nonprofit corporation, agency or institution providing for the

transfer by the United States Public Health Service of Indian

hospitals or health facilities, including initial operating

equipment and supplies.

It shall be a condition of such transfer that all facilities

transferred shall be available to meet the health needs of the

Indians and that such health needs shall be given priority over

those of the non-Indian population. No hospital or health facility

that has been constructed or maintained for a specific tribe of

Indians, or for a specific group of tribes, shall be transferred by

the Secretary of Health and Human Services to a non-Indian entity

or organization under this subchapter unless such action has been

approved by the governing body of the tribe, or by the governing

bodies of a majority of the tribes, for which such hospital or

health facility has been constructed or maintained: Provided, That

if, following such transfer by the United States Public Health

Service, the Secretary of Health and Human Services finds the

hospital or health facility transferred under this section is not

thereafter serving the need of the Indians, the Secretary of Health

and Human Services shall notify those charged with management

thereof, setting forth needed improvements, and in the event such

improvements are not made within a time to be specified, shall

immediately assume management and operation of such hospital or

health facility.

-SOURCE-

(Aug. 5, 1954, ch. 658, Sec. 2, 68 Stat. 674; Pub. L. 96-88, title

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

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Public Health Service, Surgeon General of Public

Health Service, and all other officers and employees of Public

Health Service, and functions of all agencies of or in Public

Health Service transferred to Secretary of Health, Education and

Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R.

8855, 80 Stat. 1610, set out as a note under section 202 of this

title. Secretary of Health, Education, and Welfare redesignated

Secretary of Health and Human Services by section 509(b) of Pub. L.

96-88 which is classified to section 3508(b) of Title 20,

Education.

-End-

-CITE-

42 USC Sec. 2003 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 22 - INDIAN HOSPITALS AND HEALTH FACILITIES

SUBCHAPTER I - MAINTENANCE AND OPERATION

-HEAD-

Sec. 2003. Regulations

-STATUTE-

The Secretary of Health and Human Services is also authorized to

make such other regulations as he deems desirable to carry out the

provisions of this subchapter.

-SOURCE-

(Aug. 5, 1954, ch. 658, Sec. 3, 68 Stat. 674; 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.

-End-

-CITE-

42 USC Sec. 2004 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 22 - INDIAN HOSPITALS AND HEALTH FACILITIES

SUBCHAPTER I - MAINTENANCE AND OPERATION

-HEAD-

Sec. 2004. Transfer of personnel, property, records, monies

-STATUTE-

The personnel, property, records, and unexpended balances of

appropriations, allocations, and other funds (available or to be

made available), which the Director of the Office of Management and

Budget shall determine to relate primarily to the functions

transferred to the Public Health Service of the Department of

Health and Human Services hereunder, are transferred for use in the

administration of the functions so transferred. Any of the

personnel transferred pursuant to this subchapter which the

transferee agency shall find to be in excess of the personnel

necessary for the administration of the functions transferred to

such agency shall be retransferred under existing law to other

positions in the Government or separated from the service.

-SOURCE-

(Aug. 5, 1954, ch. 658, Sec. 4, 68 Stat. 674; 1970 Reorg. Plan No.

2, Sec. 102, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085; Pub.

L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

-TRANS-

TRANSFER OF FUNCTIONS

Functions vested by law (including reorganization plan) in Bureau

of the Budget or Director of Bureau of the Budget transferred to

President of the United States by section 101 of Reorg. Plan No. 2

of 1970, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085, set out in

the Appendix to Title 5, Government Organization and Employees.

Section 102 of Reorg. Plan No. 2 of 1970, redesignated Bureau of

the Budget as Office of Management and Budget.

Functions of Public Health Service, Surgeon General of Public

Health Service, and all other officers and employees of Public

Health Service, and functions of all agencies of or in Public

Health Service transferred to Secretary of Health, Education, and

Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R.

8855, 80 Stat. 1610, set out as a note under section 202 of this

title. Secretary and Department of Health, Education, and Welfare

redesignated Secretary and Department of Health and Human Services

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

3508(b) of Title 20, Education.

-End-

-CITE-

42 USC Sec. 2004a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 22 - INDIAN HOSPITALS AND HEALTH FACILITIES

SUBCHAPTER I - MAINTENANCE AND OPERATION

-HEAD-

Sec. 2004a. Sanitation facilities

-STATUTE-

(a) Powers of Surgeon General

In carrying out his functions under this subchapter with respect

to the provision of sanitation facilities and services, the Surgeon

General is authorized -

(1) to construct, improve, extend, or otherwise provide and

maintain, by contract or otherwise, essential sanitation

facilities, including domestic and community water supplies and

facilities, drainage facilities, and sewage- and waste-disposal

facilities, together with necessary appurtenances and fixtures,

for Indian homes, communities, and lands;

(2) to acquire lands, or rights or interests therein, including

sites, rights-of-way, and easements, and to acquire rights to the

use of water, by purchase, lease, gift, exchange, or otherwise,

when necessary for the purposes of this section, except that no

lands or rights or interests therein may be acquired from an

Indian tribe, band, group, community, or individual other than by

gift or for nominal consideration, if the facility for which such

lands or rights or interests therein are acquired is for the

exclusive benefit of such tribe, band, group, community, or

individual, respectively;

(3) to make such arrangements and agreements with appropriate

public authorities and nonprofit organizations or agencies and

with the Indians to be served by such sanitation facilities (and

any other person so served) regarding contributions toward the

construction, improvement, extension and provision thereof, and

responsibilities for maintenance thereof, as in his judgment are

equitable and will best assure the future maintenance of

facilities in an effective and operating condition; and

(4) to transfer any facilities provided under this section,

together with appurtenant interests in land, with or without a

money consideration, and under such terms and conditions as in

his judgment are appropriate, having regard to the contributions

made and the maintenance responsibilities undertaken, and the

special health needs of the Indians concerned, to any State or

Territory or subdivision or public authority thereof, or to any

Indian tribe, group, band, or community or, in the case of

domestic appurtenances and fixtures, to any one or more of the

occupants of the Indian home served thereby.

(b) Transfer and reversion of lands

The Secretary of the Interior is authorized to transfer to the

Surgeon General for use in carrying out the purposes of this

section such interest and rights in federally owned lands under the

jurisdiction of the Department of the Interior, and in Indian-owned

lands that either are held by the United States in trust for

Indians or are subject to a restriction against alienation imposed

by the United States, including appurtenances and improvements

thereto, as may be requested by the Surgeon General. Any land or

interest therein, including appurtenances and improvements to such

land, so transferred shall be subject to disposition by the Surgeon

General in accordance with paragraph (4) of subsection (a) of this

section: Provided, That, in any case where a beneficial interest in

such land is in any Indian, or Indian tribe, band, or group, the

consent of such beneficial owner to any such transfer or

disposition shall first be obtained: Provided further, That where

deemed appropriate by the Secretary of the Interior provisions

shall be made for a reversion of title to such land if it ceases to

be used for the purpose for which it is transferred or disposed.

(c) Project consultation and participation

The Surgeon General shall consult with, and encourage the

participation of, the Indians concerned, States and political

subdivisions thereof, in carrying out the provisions of this

section.

-SOURCE-

(Aug. 5, 1954, ch. 658, Sec. 7, as added Pub. L. 86-121, Sec. 1,

July 31, 1959, 73 Stat. 267.)

-TRANS-

TRANSFER OF FUNCTIONS

Office of Surgeon General abolished by section 3 of Reorg. Plan

No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and

functions thereof transferred to Secretary of Health, Education,

and Welfare by section 1 of Reorg. Plan No. 3 of 1966, set out as a

note under section 202 of this title. Secretary of Health,

Education, and Welfare redesignated Secretary of Health and Human

Services by 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 title 25 sections 1632, 3905,

3908.

-End-

-CITE-

42 USC Sec. 2004b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 22 - INDIAN HOSPITALS AND HEALTH FACILITIES

SUBCHAPTER I - MAINTENANCE AND OPERATION

-HEAD-

Sec. 2004b. Implementation of education, hospital and health

facility, etc., contracts and grants by Public Health Service

personnel; request for detail of personnel

-STATUTE-

In accordance with subsection (d) of section 215 of this title,

upon the request of any Indian tribe, band, group, or community,

commissioned officers of the Service may be assigned by the

Secretary for the purpose of assisting such Indian tribe, group,

band, or community in carrying out the provisions of contracts

with, or grants to, tribal organizations pursuant to sections 450f

and 450h of title 25.

-SOURCE-

(Aug. 5, 1954, ch. 658, Sec. 8, as added Pub. L. 93-638, title I,

Sec. 104(b), formerly Sec. 105(b), Jan. 4, 1975, 88 Stat. 2208;

renumbered Sec. 104(b) and amended Pub. L. 100-472, title II, Sec.

203(a), (c), Oct. 5, 1988, 102 Stat. 2290.)

-MISC1-

AMENDMENTS

1988 - Pub. L. 100-472, which directed amendment of this section

by substituting "sections 450f and 450h" for "sections 450f, 450g,

and 450h" was executed by making the substitution for "section

450f, 450g, or 450h", to reflect the probable intent of Congress.

-End-

-CITE-

42 USC SUBCHAPTER II - CONSTRUCTION OF HEALTH FACILITIES

AND COMMUNITY HOSPITALS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 22 - INDIAN HOSPITALS AND HEALTH FACILITIES

SUBCHAPTER II - CONSTRUCTION OF HEALTH FACILITIES AND COMMUNITY

HOSPITALS

-HEAD-

SUBCHAPTER II - CONSTRUCTION OF HEALTH FACILITIES AND COMMUNITY

HOSPITALS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in title 25 sections 861c, 1661.

-End-

-CITE-

42 USC Sec. 2005 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 22 - INDIAN HOSPITALS AND HEALTH FACILITIES

SUBCHAPTER II - CONSTRUCTION OF HEALTH FACILITIES AND COMMUNITY

HOSPITALS

-HEAD-

Sec. 2005. Financial assistance by Surgeon General

-STATUTE-

Whenever the Surgeon General of the Public Health Service, in

carrying out his functions under subchapter I of this chapter with

respect to the provision of health services to Indians in any

particular area, determines, after consultation with such Indians,

that the provision of financial assistance to one or more public or

other nonprofit agencies or organizations for the construction of a

community hospital constitutes a method of making needed hospital

facilities available for such Indians which is more desirable and

effective than direct Federal construction, he may provide such

financial assistance from funds available for the construction of

Indian health facilities for such Indians.

-SOURCE-

(Pub. L. 85-151, Sec. 1, Aug. 16, 1957, 71 Stat. 370.)

-TRANS-

TRANSFER OF FUNCTIONS

Office of Surgeon General abolished by section 3 of Reorg. Plan

No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and

functions thereof transferred to Secretary of Health, Education,

and Welfare by section 1 of Reorg. Plan No. 3 of 1966, set out as a

note under section 202 of this title. Secretary of Health,

Education, and Welfare redesignated Secretary of Health and Human

Services by 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 2005b, 2005c of this

title.

-End-

-CITE-

42 USC Sec. 2005a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 22 - INDIAN HOSPITALS AND HEALTH FACILITIES

SUBCHAPTER II - CONSTRUCTION OF HEALTH FACILITIES AND COMMUNITY

HOSPITALS

-HEAD-

Sec. 2005a. Amount of assistance; determination of costs

-STATUTE-

The amount of such financial assistance shall not exceed that

portion of the reasonable cost of the construction project which is

attributable to the Indian health needs, as determined by the

Surgeon General: Provided, That in determining, for the purposes of

this subchapter, the portion of the cost of the construction

project attributable to Indian health needs, the Surgeon General

shall take into account only those categories of Indians for which

hospital and medical care, including outpatient care and field

health services, is being provided by or at the expense of the

Public Health Service on August 16, 1957.

-SOURCE-

(Pub. L. 85-151, Sec. 2, Aug. 16, 1957, 71 Stat. 371.)

-TRANS-

TRANSFER OF FUNCTIONS

Office of Surgeon General abolished by section 3 of Reorg. Plan

No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and

functions thereof transferred to Secretary of Health, Education,

and Welfare by section 1 of Reorg. Plan No. 3 of 1966, set out as a

note under section 202 of this title. Secretary of Health,

Education, and Welfare redesignated Secretary of Health and Human

Services by 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 title 25 section 1300f.

-End-

-CITE-

42 USC Sec. 2005b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 22 - INDIAN HOSPITALS AND HEALTH FACILITIES

SUBCHAPTER II - CONSTRUCTION OF HEALTH FACILITIES AND COMMUNITY

HOSPITALS

-HEAD-

Sec. 2005b. Conditions of assistance

-STATUTE-

As a condition to providing assistance under section 2005 of this

title, the Surgeon General shall -

(a) require plans and specifications meeting such standards of

construction and equipment as he may prescribe, and

(b) obtain such assurances and agreements as in his judgment

are equitable in the light of the financial assistance provided

under this subchapter and are necessary to assure the

availability of the facility for the provision of hospital and

medical care to Indians and to assure that the hospital is

operated in compliance with State standards for operation and

maintenance of hospitals which receive Federal aid under title VI

of the Public Health Service Act [42 U.S.C. 291 et seq.].

-SOURCE-

(Pub. L. 85-151, Sec. 3, Aug. 16, 1957, 71 Stat. 371.)

-REFTEXT-

REFERENCES IN TEXT

The Public Health Service Act, referred to in par. (b), is act

July 1, 1944, ch. 373, 58 Stat. 682, as amended. Title VI of the

Act is classified generally to subchapter IV (Sec. 291 et seq.) of

chapter 6A of this title. For complete classification of this Act

to the Code, see Short Title note set out under section 201 of this

title and Tables.

-TRANS-

TRANSFER OF FUNCTIONS

Office of Surgeon General abolished by section 3 of Reorg. Plan

No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and

functions thereof transferred to Secretary of Health, Education,

and Welfare by section 1 of Reorg. Plan No. 3 of 1966, set out as a

note under section 202 of this title. Secretary of Health,

Education, and Welfare redesignated Secretary of Health and Human

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

section 3508(b) of Title 20, Education.

-End-

-CITE-

42 USC Sec. 2005c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 22 - INDIAN HOSPITALS AND HEALTH FACILITIES

SUBCHAPTER II - CONSTRUCTION OF HEALTH FACILITIES AND COMMUNITY

HOSPITALS

-HEAD-

Sec. 2005c. Payments

-STATUTE-

The Surgeon General shall make payments under section 2005 of

this title in advance or by way of reimbursement and in such

installments consistent with construction progress, as he may

determine.

-SOURCE-

(Pub. L. 85-151, Sec. 4, Aug. 16, 1957, 71 Stat. 371.)

-TRANS-

TRANSFER OF FUNCTIONS

Office of Surgeon General abolished by section 3 of Reorg. Plan

No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and

functions thereof transferred to Secretary of Health, Education,

and Welfare by section 1 of Reorg. Plan No. 3 of 1966, set out as a

note under section 202 of this title. Secretary of Health,

Education, and Welfare redesignated Secretary of Health and Human

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

section 3508(b) of Title 20, Education.

-End-

-CITE-

42 USC Sec. 2005d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 22 - INDIAN HOSPITALS AND HEALTH FACILITIES

SUBCHAPTER II - CONSTRUCTION OF HEALTH FACILITIES AND COMMUNITY

HOSPITALS

-HEAD-

Sec. 2005d. Eligibility of assisted project for aid under other

acts; excluded costs

-STATUTE-

Neither assistance provided under this subchapter for meeting

part of the cost of construction of a hospital project, nor the

giving of any assurance required as a condition of such assistance,

shall be construed as affecting in any way the eligibility of such

project for aid under title VI of the Public Health Service Act [42

U.S.C. 291 et seq.] or any other Federal Act authorizing financial

aid in the construction of such project, but construction costs met

with Federal funds made available under this subchapter shall not

be included in the cost of construction in which the Federal

Government shares under such title VI or other Federal Act.

-SOURCE-

(Pub. L. 85-151, Sec. 5, Aug. 16, 1957, 71 Stat. 371.)

-REFTEXT-

REFERENCES IN TEXT

The Public Health Service Act, referred to in text, is act July

1, 1944, ch. 373, 58 Stat. 682, as amended. Title VI of the Act is

classified generally to subchapter IV (Sec. 291 et seq.) of chapter

6A of this title. For complete classification of this Act to the

Code, see Short Title note set out under section 201 of this title

and Tables.

-End-

-CITE-

42 USC Sec. 2005e 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 22 - INDIAN HOSPITALS AND HEALTH FACILITIES

SUBCHAPTER II - CONSTRUCTION OF HEALTH FACILITIES AND COMMUNITY

HOSPITALS

-HEAD-

Sec. 2005e. Definitions

-STATUTE-

As used in this subchapter:

(a) "Hospital" includes diagnostic or treatment centers and

general hospitals, and related facilities, such as laboratories,

outpatient departments, nurses' home and training facilities, and

central service facilities operated in connection with hospitals,

but does not include any hospital furnishing primarily domiciliary

care;

(b) "Diagnostic or treatment center" means a facility for the

diagnosis or diagnosis and treatment of ambulatory patients -

(1) which is operated in connection with a hospital, or

(2) in which patient care is under the professional supervision

of persons licensed to practice medicine or surgery in the State,

or, in the case of dental diagnosis or treatment, under the

professional supervision of persons licensed to practice

dentistry in the State.

(c) "Nonprofit" means owned or operated by one or more

corporations or associations no part of the net earnings of which

inures, or may lawfully inure, to the benefit of any private

shareholder or individual.

(d) "Construction" means construction of new buildings,

expansion, remodeling, and alteration of existing buildings, and

initial equipment of any such buildings (including medical

transportation facilities), including architects and engineering

fees, but excluding legal fees, the cost of off-site improvements

and the cost of the acquisition of land.

-SOURCE-

(Pub. L. 85-151, Sec. 6, Aug. 16, 1957, 71 Stat. 371.)

-End-

-CITE-

42 USC Sec. 2005f 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 22 - INDIAN HOSPITALS AND HEALTH FACILITIES

SUBCHAPTER II - CONSTRUCTION OF HEALTH FACILITIES AND COMMUNITY

HOSPITALS

-HEAD-

Sec. 2005f. Supervision or control of assisted hospitals

-STATUTE-

Except as otherwise specifically provided, nothing in this

subchapter shall be construed as conferring on any Federal officer

or employee the right to exercise any supervision or control over

the administration, personnel, maintenance, or operation of any

hospital, with respect to which any funds have been or may be

expended under this subchapter.

-SOURCE-

(Pub. L. 85-151, Sec. 7, Aug. 16, 1957, 71 Stat. 372.)

-End-

-HEAD-