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42 U.S.C. § 248a — Closing or transfer of hospitals; reduction of services; Congressional authorization required
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
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Source file: Laws/federal/codes/united-states-code/title-42/section-248a-closing-or-transfer-of-hospitals-reduction-of-services-congressional-aut--243275efcd.md
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Source location: Title 42, Chapter 6A, § 248a; chapter-6a-public-health-service.md
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**(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 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 hospital of the Public Health Service shall be accompanied 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 hospital is located or which is served by such hospital, 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 approved 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) areawide health planning agency” means a public or nonprofit private agency or organization which has developed a comprehensive regional, metropolitan, or other local area plan or plans referred to in section 314(b) of that Act (referred to in paragraph (2) as a “section 314(b) plan”).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Comprehensive health planning and services**
(1) In order to assist the States in comprehensive and continuing planning for their current and future health needs, the Secretary is authorized during the period beginning July 1, 1966, and ending June 30, 1973, to make grants to States which have submitted, and had approved by the Secretary, State plans for comprehensive State health planning. For the purposes of carrying out this subsection, there are hereby authorized to be appropriated $2,500,000 for the fiscal year ending June 30, 1967, $7,000,000 for the fiscal year ending June 30, 1968, $10,000,000 for the fiscal year ending June 30, 1969, $15,000,000 for the fiscal year ending June 30, 1970, $15,000,000 for the fiscal year ending June 30, 1971, $17,000,000 for the fiscal year ending June 30, 1972, $20,000,000 for the fiscal year ending June 30, 1973, and $10,000,000 for the fiscal year ending June 30, 1974.
(2) In order to be approved for purposes of this subsection, a State plan for comprehensive State health planning must—
(A) designate, or provide for the establishment of, a single State agency, which may be an interdepartmental agency, as the sole agency for administering or supervising the administration of the State’s health planning functions under the plan;
(B) provide for the establishment of a State health planning council, which shall include representatives of Federal, State, and local agencies (including as an ex officio member, if there is located in such State one or more hospitals or other health care facilities of the Department of Veterans Affairs, the individual whom the Secretary of Veterans Affairs shall have designated to serve on such council as the representative of the hospitals or other health care facilities of such Departmen
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 246
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 248b
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Federal law — U.S. Code and appendices · legal_authorities
Page 330
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 248
the care through the program under title XVIII of
the Social Security Act [42 U.S.C. 1395 et seq.] or
the program under title XIX of such Act [42 U.S.C.
1396 et seq.]. Any such reduction shall be made on
the basis of the number of days for which the pa-
tient received the inpatient care.
‘‘(6) The Secretary shall provide to each eligible pa-
tient such information and time as may be necessary
for the patient to make an informed decision regard-
ing the options under paragraph (5)(A).
‘‘(7) After the date of the enactment of this Act
[Nov. 13, 1997], the Center may not provide long-term
care for any individual who as of such date was not
receiving such care as a patient of the Center.
‘‘(8) If upon completion of the projects referred to
in subsection (d)(4)(A) there are unobligated balances
of amounts appropriated for the projects, such bal-
ances are available to the Secretary for expenses re-
lating to the relocation of the Center, except that, if
the sum of such balances is in excess of $100,000, such
excess is available to the State in accordance with
subsection (d)(4)(B). The amounts available to the
Secretary pursuant to the preceding sentence are
available until expended.
‘‘(g) For purposes of this section:
‘‘(1) The term ‘Center’ means the National Hansen’s
Disease Programs Center.
‘‘(2) The term ‘Secretary’ means the Secretary of
Health and Human Services.
‘‘(3) The term ‘State’ means the State of Lou-
isiana.’’
§ 248. Control and management of hospitals; fur-
nishing prosthetic and orthopedic devices;
transfer of patients; disposal of articles pro-
duced by patients; disposal of money and ef-
fects of deceased patients; payment of burial
expenses
The Surgeon General, pursuant to re
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