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42 U.S.C. § 248 — Control and management of hospitals; fur-
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
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 248
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Source file: Laws/federal/codes/united-states-code-2024/title-42/section-248-control-and-management-of-hospitals-fur--6b1ab0f73a.md
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Source location: USCODE-2024-title42-chap6A-subchapII-partC-sec248.pdf
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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 regulations,
shall—
(a) Control, manage, and operate all institu-
tions, hospitals, and stations of the Service, in-
cluding minor repairs and maintenance, and pro-
vide for the care, treatment, and hospitalization
of patients, including the furnishing of pros-
thetic and orthopedic devices; and from time to
time, with the approval of the President, select
suitable sites for and establish such additional
institutions, hospitals, and stations in the
States and possessions of the United States as in
his judgment are necessary to enable the Serv-
ice to discharge its functions and duties;
(b) Provide for the transfer of Public Health
Service patients, in the care of attendants where
necessary, between hospitals and stations oper-
ated by the Service or between such hospitals
and stations and other hospitals and stations in
which Public Health Service patients may be re-
ceived, and the payment of expenses of such
transfer;
(c) Provide for the disposal of articles pro-
duced by patients in the course of their curative
treatment, either by allowing the patient to re-
tain such articles or by selling them and depos-
iting the money received therefor to the credit
of the appropriation from which the materials
for making the articles were purchased;
(d) Provide for the disposal of money and ef-
fects, in the custody of the hospitals or stations,
of deceased patients; and
(e) Provide, to the extent the Surgeon General
determines that other public or private funds
are not available therefor, for the payment of
expenses of preparing and transporting the re-
mains of, or the payment of reasonable burial
expenses for, any patient dying in a hospital or
station.
(July 1, 1944, ch. 373, title III, § 321, 58 Stat. 695;
June 25, 1948, ch. 654, § 2, 62 Stat. 1017; Pub. L.
95–622, title II, § 266, Nov. 9, 1978, 92 Stat. 3437.)
Editorial Notes
AMENDMENTS
1978—Subsec. (a). Pub. L. 95–622 struck out ‘‘, and to-
bacco’’ after ‘‘orthopedic devices’’.
1948—Subsec. (a). Act June 25, 1948, § 2(a), amended
subsec. (a) generally, continuing authority of Service
to furnish tobacco to patients being treated by it.
Subsec. (e). Act June 25, 1948, § 2(b), added subsec. (e).
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
‘‘Secretary of Health and Human Services’’ sub-
stituted for ‘‘Secretary of Health, Education, and Wel-
fare’’ pursuant to section 509(b) of Pub. L. 96–88, which
is classified to section 3508(b) of Title 20, Education.
Executive Documents
TRANSFER OF FUNCTIONS
Functions of Public Health Service, Surgeon General
of Public Health Service, and all other officers and em-
ployees 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.
DELEGATION OF FUNCTIONS
Functions of President delegated to Secretary of
Health and Human Services, see Ex. Ord. No. 11140, Jan.
30, 1964, 29 F.R. 1637, as amended, set out as a note
under section 202 of this title.
§ 248a. Closing or transfer of hospitals; reduction
of services; Congressional authorization re-
quired
(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, Massa-
chusetts, San Francisco, California, Galveston,
Texas,
New
Orleans,
Louisiana,
Baltimore,
Maryland, Staten Island, New York, and Nor-
folk, 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 (in-
cluding training and research activities) which
is not less than the level and range of such ac-
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Conditions of participation; protection of individual rights; notification of State entities; use of home health aides; medical equipment; individual’s plan of care; compliance with Federal, State, and local laws and regulations** The conditions of participation that a home health agency is required to meet under this subsection are as follows:
(1) The agency protects and promotes the rights of each individual under its care, including each of the following rights:
(A) The right to be fully informed in advance about the care and treatment to be provided by the agency, to be fully informed in advance of any changes in the care or treatment to be provided by the agency that may affect the individual’s well-being, and (except with respect to an individual adjudged incompetent) to participate in planning care and treatment or changes in care or treatment.
(B) The right to voice grievances with respect to treatment or care that is (or fails to be) furnished without discrimination or reprisal for voicing grievances.
(C) The right to confidentiality of the clinical records described in section 1395x(o)(3) of this title.
(D) The right to have one’s property treated with respect.
(E) The right to be fully informed orally and in writing (in advance of coming under the care of the agency) of—
(i) all items and services furnished by (or under arrangements with) the agency for which payment may be made under this subchapter,
(ii) the coverage available for such items and services under this subchapter, subchapter XIX, and any other Federal program of which the agency is reasonably aware,
(iii) any charges for items and services not covered under this subchapter and any charges the individual may have to pay with respect to items and services furn
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1395
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Federal law — U.S. Code and appendices · legal_authorities
Page 2893
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1395a
(i) shared savings and competitive bidding in FFS
Medicare;
(ii) use of MA-negotiated rates to set FFS Medicare
rates; and
(iii) novel approaches to information development
and sharing that may enable markets to lower cost and
improve quality for FFS Medicare beneficiaries.
SEC. 10. Reducing Obstacles to Improved Patient Care.
Within 1 year of the date of this order, the Secretary
shall propose regulatory changes to the Medicare pro-
gram to reduce the burden on providers and eliminate
regulations that create inefficiencies or otherwise un-
dermine patient outcomes.
SEC. 11. Maximizing Freedom for Medicare Patients and
Providers. (a) Within 180 days of the date of this order,
the Secretary, in coordination with the Commissioner
of Social Security, shall revise current rules or policies
to preserve the Social Security retirement insurance
benefits of seniors who choose not to receive benefits
under Medicare Part A, and propose other administra-
tive improvements to Medicare enrollment processes
for beneficiaries.
(b) Within 1 year of the date of this order, the Sec-
retary shall identify and remove unnecessary barriers
to private contracts that allow Medicare beneficiaries
to obtain the care of their choice and facilitate the de-
velopment of market-driven prices.
SEC. 12. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive de-
partment or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Man-
agement and Budget relating to budgetary, administra-
tive, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 1395
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 1395. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment** There is hereby established the Medicaid and CHIP Payment and Access Commission (in this section referred to as “MACPAC”).
**(b) Duties**
(1) **Review of access policies for all States and annual reports** — MACPAC shall—
(A) review policies of the Medicaid program established under this subchapter (in this section referred to as “Medicaid”) and the State Children’s Health Insurance Program established under subchapter XXI (in this section referred to as “CHIP”) affecting access to covered items and services, including topics described in paragraph (2);
(B) make recommendations to Congress, the Secretary, and States concerning such access policies;
(C) by not later than March 15 of each year (beginning with 2010), submit a report to Congress containing the results of such reviews and MACPAC’s recommendations concerning such policies; and
(D) by not later than June 15 of each year (beginning with 2010), submit a report to Congress containing an examination of issues affecting Medicaid and CHIP, including the implications of changes in health care delivery in the United States and in the market for health care services on such programs.
(2) **Specific topics to be reviewed** — Specifically, MACPAC shall review and assess the following:
(A) *Medicaid and CHIP payment policies* — Payment policies under Medicaid and CHIP, including—
(i) the factors affecting expenditures for the efficient provision of items and services in different sectors, including the process for updating payments to medical, dental, and health professionals, hospitals, residential and long-term care providers, providers of home and community based services, Federally-qualified health centers and rural health clinics, managed care entities, and providers of ot
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1396
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 1396. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 4009
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1396
of the enactment of this Act [Oct. 6, 2014], the Sec-
retary shall develop and report to Congress on a stra-
tegic plan for collecting or otherwise accessing data on
race and ethnicity for purposes of specifying quality
measures and resource use and other measures under
subsections (c) and (d) of section 1899B of the Social Se-
curity Act, as added by subsection (a), and, as the Sec-
retary determines appropriate, other similar provisions
of, including payment adjustments under, title XVIII of
such Act (42 U.S.C. 1395 et seq.).’’
SUBCHAPTER XIX—GRANTS TO STATES
FOR MEDICAL ASSISTANCE PROGRAMS
§ 1396. Medicaid and CHIP Payment and Access
Commission
(a) Establishment
There is hereby established the Medicaid and
CHIP Payment and Access Commission (in this
section referred to as ‘‘MACPAC’’).
(b) Duties
(1) Review of access policies for all States and
annual reports
MACPAC shall—
(A) review policies of the Medicaid pro-
gram established under this subchapter (in
this section referred to as ‘‘Medicaid’’) and
the State Children’s Health Insurance Pro-
gram established under subchapter XXI (in
this section referred to as ‘‘CHIP’’) affecting
access to covered items and services, includ-
ing topics described in paragraph (2);
(B) make recommendations to Congress,
the Secretary, and States concerning such
access policies;
(C) by not later than March 15 of each year
(beginning with 2010), submit a report to
Congress containing the results of such re-
views and MACPAC’s recommendations con-
cerning such policies; and
(D) by not later than June 15 of each year
(beginning with 2010), submit a report to
Congress
containing
an
examination
of
issues affecting Medicaid and CHIP, includ-
ing the impli
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 1396
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 1396. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
The Surgeon General, pursuant to regulations, shall—
**(a)** Control, manage, and operate all institutions, hospitals, and stations of the Service, including minor repairs and maintenance, and provide for the care, treatment, and hospitalization of patients, including the furnishing of prosthetic and orthopedic devices; and from time to time, with the approval of the President, select suitable sites for and establish such additional institutions, hospitals, and stations in the States and possessions of the United States as in his judgment are necessary to enable the Service to discharge its functions and duties;
**(b)** Provide for the transfer of Public Health Service patients, in the care of attendants where necessary, between hospitals and stations operated by the Service or between such hospitals and stations and other hospitals and stations in which Public Health Service patients may be received, and the payment of expenses of such transfer;
**(c)** Provide for the disposal of articles produced by patients in the course of their curative treatment, either by allowing the patient to retain such articles or by selling them and depositing the money received therefor to the credit of the appropriation from which the materials for making the articles were purchased;
**(d)** Provide for the disposal of money and effects, in the custody of the hospitals or stations, of deceased patients; and
**(e)** Provide, to the extent the Surgeon General determines that other public or private funds are not available therefor, for the payment of expenses of preparing and transporting the remains of, or the payment of reasonable burial expenses for, any patient dying in a hospital or station.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 248
Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.