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42 U.S.C. § 2002 — Transfer of hospitals and facilities to State or private institutions; conditions and restrictions; failure to meet requirements
Federal law — U.S. Code and appendices · legal_authorities
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.
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Source location: Title 42, Chapter 22, § 2002; chapter-022-indian-hospitals-and-health-facilities.md
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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.
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Federal law — U.S. Code and appendices · legal_authorities
When used in this chapter—
**(a)** The term “Service” means the Public Health Service;
**(b)** The term “Surgeon General” means the Surgeon General of the Public Health Service;
**(c)** Unless the context otherwise requires, the term “Secretary” means the Secretary of Health and Human Services.
**(d)** The term “regulations”, except when otherwise specified, means rules and regulations made by the Surgeon General with the approval of the Secretary;
**(e)** The term “executive department” means any executive department, agency, or independent establishment of the United States or any corporation wholly owned by the United States;
**(f)** Except as provided in sections 246(g)(4)(B),11 See References in Text note below. 247c(c)(1),1 254d(h)(3),1 263c(5),1 264(d), 292a(9),1 300a(c), 300f(13), and 300n(1) 1 of this title, the term “State” includes, in addition to the several States, only the District of Columbia, Guam, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the Virgin Islands, American Samoa, the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau.
**(g)** The term “possession” includes, among other possessions, Puerto Rico and the Virgin Islands;
**(h)** Repealed. Pub. L. 97–35, title IX, § 986(a), Aug. 13, 1981, 95 Stat. 603.
**(i)** The term “vessel” includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water, exclusive of aircraft and amphibious contrivances;
**(j)** The term “habit-forming narcotic drug” or “narcotic” means opium and coca leaves and the several alkaloids derived therefrom, the best known of these alkaloids being morphia, heroin, and codeine, obtained from opium, and cocaine derived from the coca
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Federal law — U.S. Code and appendices · legal_authorities
**(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.
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Federal law — U.S. Code and appendices · legal_authorities
Page 5353
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 2002
circumstances is held invalid or found to be un-
constitutional, the remainder of this chapter
and the application of that provision to other
persons or circumstances shall not be affected.
(Pub. L. 117–328, div. II, § 108, Dec. 29, 2022, 136
Stat. 6089.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective 180 days after Dec. 29, 2022, see sec-
tion 109 of div. II of Pub. L. 117–328, set out as a note
under section 2000gg of this title.
CHAPTER 22—INDIAN HOSPITALS AND
HEALTH FACILITIES
SUBCHAPTER I—MAINTENANCE AND OPERATION
Sec.
2001.
Hospitals and health facilities transferred to
Public Health Service; restriction on clos-
ing hospitals.
2002.
Transfer of hospitals and facilities to State or
private institutions; conditions and restric-
tions; failure to meet requirements.
2003.
Regulations.
2004.
Transfer of personnel, property, records, mon-
ies.
2004a.
Sanitation facilities.
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.
SUBCHAPTER I—MAINTENANCE AND
OPERATION
§ 2001. Hospitals and health facilities transferred
to Public Health Service; restriction on clos-
ing hospitals
(a) All functions, responsibilities, authorities,
and duties of the Department of the Inter
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 2002
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