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24 U.S.C. § 324 — Care and treatment of eligible persons until transfer and release
Federal law — U.S. Code and appendices · legal_authorities
**(a) Place of hospitalization** Until the transfer and release of an eligible person pursuant to [section 323 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title24-section323&num=0&edition=prelim), 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 6101 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section6101&num=0&edition=prelim)) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title24-section322&num=0&edition=prelim). 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.
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Stable record: federal_law:legal_authorities:record_usc_12045ea2ff2e29106d069a9c
Source file: Laws/federal/codes/united-states-code/title-24/section-324-care-and-treatment-of-eligible-persons-until-transfer-and-release--f2e5e5efec.md
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Source location: Title 24, Chapter 9, § 324; chapter-009-hospitalization-of-mentally-ill-nationals-returned-from-foreign-countries.md
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**(a) Place of hospitalization** Until the transfer and release of an eligible person pursuant to [section 323 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title24-section323&num=0&edition=prelim), 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 6101 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section6101&num=0&edition=prelim)) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title24-section322&num=0&edition=prelim). 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Congress makes the following findings:
(1) Governmentally administered mental health services in the District of Columbia are currently provided through two separate public entities, the federally administered Saint Elizabeths Hospital and the Mental Health Services Administration of the District of Columbia Department of Human Resources.
(2) The District of Columbia has a continuing responsibility to provide mental health services to its residents.
(3) The Federal Government, through its operation of a national mental health program at Saint Elizabeths Hospital, has for over 100 years assisted the District of Columbia in carrying out that responsibility.
(4) Since its establishment by Congress in 1855, Saint Elizabeths Hospital has developed into a respected national mental health hospital and study, training, and treatment center, providing a range of quality mental health and related services, including—
(i) acute and chronic inpatient psychiatric care;
(ii) outpatient psychiatric and substance abuse clinical and related services;
(iii) Federal court system forensic psychiatry referral, evaluation, and patient treatment services for prisoners, and for individuals awaiting trial or requiring post-trial or post-sentence psychiatric evaluation;
(iv) patient care and related services for designated classes of individuals entitled to mental health benefits under Federal law, such as certain members and employees of the United States Armed Forces and the Foreign Service, and residents of American overseas dependencies;
(v) District of Columbia court system forensic psychiatry referral, evaluation, and patient treatment services for prisoners, and for individuals awaiting trial or requiring post-trial or postsentence psychiatric evaluation;
Source: Supplied U.S. Code snapshot — release unconfirmed · 24 U.S.C. § 225
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Federal law — U.S. Code and appendices · legal_authorities
**(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 6101 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section6101&num=0&edition=prelim), 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) 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: Supplied U.S. Code snapshot — release unconfirmed · 24 U.S.C. § 322
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions.—** In this section—
(1) **Appropriation.—** — The term “appropriation” includes amounts made available by legislation under [section 9104 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section9104&num=0&edition=prelim).
(2) **Federal government.—** — The term “Federal Government” includes the government of the District of Columbia.
**(b) Purchases.—**
(1) **In general.—** — Unless otherwise provided in the appropriation concerned or other law, purchases and contracts for supplies or services for the Federal Government may be made or entered into only after advertising for proposals for a sufficient time.
(2) **Limitations on applicability.—** — Paragraph (1) does not apply when—
(A) the amount involved in any one case does not exceed $25,000;
(B) public exigencies require the immediate delivery of articles or performance of services;
(C) only one source of supply is available and the Federal Government purchasing or contracting officer so certifies; or
(D) services are required to be performed by a contractor in person and are—
(i) of a technical and professional nature; or
(ii) under Federal Government supervision and paid for on a time basis.
**(c) Sales.—** Except when otherwise authorized by law or when the reasonable value involved in any one case does not exceed $500, sales and contracts of sale by the Federal Government are governed by the requirements of this section for advertising.
**(d) Application to Wholly Owned Government Corporations.—** For wholly owned Government corporations, this section applies only to administrative transactions.
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 6101
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Federal law — U.S. Code and appendices · legal_authorities
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: Supplied U.S. Code snapshot — release unconfirmed · 24 U.S.C. § 323
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Time and frequency of examination; discharge** Any person admitted to any hospital pursuant to section 322 or [section 324 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title24-section324&num=0&edition=prelim) 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: Supplied U.S. Code snapshot — release unconfirmed · 24 U.S.C. § 325
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title24-section324&num=0&edition=prelim) from one hospital to another, and to that end any judicial commitment of any person so hospitalized may be to the Secretary.
Source: Supplied U.S. Code snapshot — release unconfirmed · 24 U.S.C. § 326
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Federal law — U.S. Code and appendices · legal_authorities
In the case of any person hospitalized under [section 324 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title24-section324&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title24-section323&num=0&edition=prelim), notify the committing court of such discharge or conditional release or such transfer and release.
Source: Supplied U.S. Code snapshot — release unconfirmed · 24 U.S.C. § 327
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Persons liable; scope of liability; compromise or waiver; investigations; judicial proceedings** Any person hospitalized under [section 324 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title24-section324&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title24-section324&num=0&edition=prelim) 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 Secreta
Source: Supplied U.S. Code snapshot — release unconfirmed · 24 U.S.C. § 328
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Federal law — U.S. Code and appendices · legal_authorities
Page 30
TITLE 24—HOSPITALS AND ASYLUMS
§ 323
cies. Such arrangements shall be made without
regard to section 6101 of title 41, and may pro-
vide for payment by the Secretary either in ad-
vance or by way of reimbursement.
(b) Payment or reimbursement for care, treat-
ment, or assistance
The Secretary may, to the extent deemed ap-
propriate, equitable, and practicable by him, (1)
require any person receiving care and treatment
or assistance pursuant to subsection (a) 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 hos-
pitalization.
(Pub. L. 86–571, § 2, July 5, 1960, 74 Stat. 308; Pub.
L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat.
695.)
Editorial Notes
CODIFICATION
In subsec. (a), ‘‘section 6101 of title 41’’ substituted
for ‘‘section 3709 of the Revised Statutes, as amended
(41 U.S.C. 5)’’ on authority of Pub. L. 111–350, § 6(c), Jan.
4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public
Contracts.
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
‘‘Secretary of Health and Human Services’’ sub-
stituted 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, Edu-
cation.
§ 323. Transfer and release to State of residence
or legal domicile, or to relative
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 treat-
ment 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 i
Source: Supplied 2024 U.S. Code historical extraction · 24 U.S.C. § 324
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