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42 U.S.C. § 248b — Transfer or financial self-sufficiency of public health service hospitals and clinics
Federal law — U.S. Code and appendices · legal_authorities
**(a) Deadline for closure, transfer, or financial self-sufficiency** The Secretary of Health and Human Services (hereinafter in this subtitle referred to as the “Secretary”) shall, in accordance with this section and notwithstanding [section 248a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section248a&num=0&edition=prelim), provide for the closure, transfer, or financial self-sufficiency of all hospitals and other stations of the Public Health Service (hereinafter in this subtitle referred to as the “Service”) not later than September 30, 1982.
**(b) Proposals for transfer or financial self-sufficiency** Not later than July 1, 1981, the Secretary shall notify each Service hospital and other station, and the chief executive officer of each State and of each locality in which such a hospital or other station is located, that the Secretary will accept proposals for the transfer of each such hospital and station from the Service to a public (including Federal) or nonprofit private entity or for the achievement of financial self-sufficiency of each such hospital and station not later than September 30, 1982. No such proposal shall be considered by the Secretary if it is submitted later than September 1, 1981.
**(c) Evaluation of proposals** The Secretary shall evaluate promptly each proposal submitted under subsection (b) with respect to a hospital or other station and determine, not later than September 30, 1981, whether or not under such proposal the hospital or station—
(1) will be maintained as a general health care facility providing a range of services to the population within its service area,
(2) will continue to make services available to existing patient populations, and
(3) has a reasonable expectation of financial via
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Source file: Laws/federal/codes/united-states-code/title-42/section-248b-transfer-or-financial-self-sufficiency-of-public-health-service-hospital--4f41b3eed0.md
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Source location: Title 42, Chapter 6A, § 248b; chapter-6a-public-health-service.md
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**(a) Deadline for closure, transfer, or financial self-sufficiency** The Secretary of Health and Human Services (hereinafter in this subtitle referred to as the “Secretary”) shall, in accordance with this section and notwithstanding [section 248a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section248a&num=0&edition=prelim), provide for the closure, transfer, or financial self-sufficiency of all hospitals and other stations of the Public Health Service (hereinafter in this subtitle referred to as the “Service”) not later than September 30, 1982.
**(b) Proposals for transfer or financial self-sufficiency** Not later than July 1, 1981, the Secretary shall notify each Service hospital and other station, and the chief executive officer of each State and of each locality in which such a hospital or other station is located, that the Secretary will accept proposals for the transfer of each such hospital and station from the Service to a public (including Federal) or nonprofit private entity or for the achievement of financial self-sufficiency of each such hospital and station not later than September 30, 1982. No such proposal shall be considered by the Secretary if it is submitted later than September 1, 1981.
**(c) Evaluation of proposals** The Secretary shall evaluate promptly each proposal submitted under subsection (b) with respect to a hospital or other station and determine, not later than September 30, 1981, whether or not under such proposal the hospital or station—
(1) will be maintained as a general health care facility providing a range of services to the population within its service area,
(2) will continue to make services available to existing patient populations, and
(3) has a reasonable expectation of financial viability and, in the case of a hospital or station that is not proposed to be transferred, of financial self-sufficiency.
Paragraph (1) shall not apply in the case of a proposal for the transfer of a discrete, minor, freestanding part of a hospital or station to a local public entity for the purpose of continuing the provision of services to refugees.
**(d) Rejection or approval of proposal**
(1) If the Secretary determines that a proposal for a hospital or other station does not meet the standards of subsection (c) or if there is no proposal submitted under subsection (b) with respect to a hospital or other station, the Secretary shall provide for the closure of the hospital or station by not later than October 31, 1981.
(2) If the Secretary determines that a proposal for a hospital or other station meets the standards of subsection (c), the Secretary shall take such steps, within the amounts available through appropriations, as may be necessary and proper—
(A) to operate (or participate or assist in the operation of) the hospital or station by the Service until the transfer is accomplished or financial self-sufficiency is achieved,
(B) to bring the hospital or station into compliance with applicable licensure, accreditation, and local medical practice standards, and
(C) to provide for such other legal, administrative, personnel, and financial arrangements (including allowing payments made with respect to services provided by the hospital or station to be made directly to that hospital or station) as may be necessary to effect a timely and orderly transfer of such hospital or station (including the land, building, and equipment thereof) from the Service, or for the financial self-sufficiency of the hospital or station, not later than September 30, 1982.
**(e) Establishment of identifiable administrative unit** There is established, within the Office of the Assistant Secretary for Health of the Department of Health and Human Services, an identifiable administrative unit which shall have direct responsibility and authority for overseeing the activities under this section.
**(f) Finding of financial self-sufficiency** For purposes of this section, a hospital or station cannot be found to be financially self-sufficient if the hospital or station is relying, in whole or in part, on direct appropriated funds for its continued operations.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided in subsection (b), the Secretary of Health and Human Services shall take such action as may be necessary to assure that the hospitals of the Public Health Service, located in Seattle, Washington, Boston, Massachusetts, San Francisco, California, Galveston, Texas, New Orleans, Louisiana, Baltimore, Maryland, Staten Island, New York, and Norfolk, Virginia, shall continue—
(1) in operation as hospitals of the Public Health Service,
(2) to provide for all categories of individuals entitled or authorized to receive care and treatment at hospitals or other stations of the Public Health Service inpatient, outpatient, and other health care services in like manner as such services were provided on January 1, 1973, to such categories of individuals at the hospitals of the Public Health Service referred to in the matter preceding paragraph (1) and at a level and range at least as great as the level and range of such services which were provided (or authorized to be provided) by such hospitals on such date, and
(3) to conduct at such hospitals a level and range of other health-related activities (including training and research activities) which is not less than the level and range of such activities which were being conducted on January 1, 1973, at such hospitals.
**(b)**
(1) The Secretary may—
(A) close or transfer control of a hospital of the Public Health Service to which subsection (a) applies,
(B) reduce the level and range of health care services provided at such a hospital from the level and range required by subsection (a)(2) or change the manner in which such services are provided at such a hospital from the manner required by such subsection, or
(C) reduce the level and range of the other health-related activities conducted at su
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 248a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Persons entitled to treatment** Any person when detained in accordance with quarantine laws, or, at the request of the Immigration and Naturalization Service, any person detained by that Service, may be treated and cared for by the Public Health Service.
**(b) Temporary treatment in emergency cases** Persons not entitled to treatment and care at institutions, hospitals, and stations of the Service may, in accordance with regulations of the Surgeon General, be admitted thereto for temporary treatment and care in case of emergency.
**(c) Authorization for outside treatment** Persons whose care and treatment is authorized by subsection (a) may, in accordance with regulations, receive such care and treatment at the expense of the Service from public or private medical or hospital facilities other than those of the Service, when authorized by the officer in charge of the station at which the application is made.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 249
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Responsible Officials.—**
(1) Except as otherwise provided in this chapter, the Secretary of Defense shall administer this chapter for the armed forces under his jurisdiction, the Secretary of Homeland Security shall administer this chapter for the Coast Guard when the Coast Guard is not operating as a service in the Navy, and the Secretary of Health and Human Services shall administer this chapter for the National Oceanic and Atmospheric Administration and the Public Health Service. This chapter shall be administered consistent with the Assisted Suicide Funding Restriction Act of 1997 ([42 U.S.C. 14401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section14401&num=0&edition=prelim) et seq.).
(2) Except as otherwise provided in this chapter, the Secretary of Defense shall have responsibility for administering the TRICARE program and making any decision affecting such program.
**(b) Stability in Program of Benefits.—** The Secretary of Defense shall, to the maximum extent practicable, provide a stable program of benefits under this chapter throughout each fiscal year. To achieve the stability in the case of managed care support contracts entered into under this chapter, the contracts shall be administered so as to implement all changes in benefits and administration on a quarterly basis. However, the Secretary of Defense may implement any such change prior to the next fiscal quarter if the Secretary determines that the change would significantly improve the provision of care to eligible beneficiaries under this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1073
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Federal law — U.S. Code and appendices · legal_authorities
Page 331
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 248b
tivities which were being conducted on Janu-
ary 1, 1973, at such hospitals.
(b)(1) The Secretary may—
(A) close or transfer control of a hospital of
the Public Health Service to which subsection
(a) applies,
(B) reduce the level and range of health care
services provided at such a hospital from the
level and range required by subsection (a)(2) or
change the manner in which such services are
provided at such a hospital from the manner
required by such subsection, or
(C) reduce the level and range of the other
health-related activities conducted at such
hospital from the level and range required by
subsection (a)(3),
if Congress by law (enacted after November 16,
1973) specifically authorizes such action.
(2) Any recommendation submitted to the
Congress for legislation to authorize an action
described in paragraph (1) with respect to a hos-
pital of the Public Health Service shall be ac-
companied by a copy of the written, unqualified
approval of the proposed action submitted to the
Secretary by each (A) section 314(a) State health
planning agency whose section 314(a) plan covers
(in whole or in part) the area in which such hos-
pital is located or which is served by such hos-
pital, and (B) section 314(b) areawide health
planning agency whose section 314(b) plan covers
(in whole or in part) such area.
(3) For purposes of this subsection, the term
‘‘section 314(a) State health planning agency’’
means the agency of a State which administers
or supervises the administration of a State’s
health planning functions under a State plan ap-
proved under section 314(a) of the Public Health
Service Act (referred to in paragraph (2) as a
‘‘section 314(a) plan’’); and the term ‘‘section
314(b) area
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 248b
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