42 U.S.C. § 253 — Medical services to Coast Guard, National

Page 336 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 253 1 See Change of Name note below. countries, such physical and mental examina- tions of aliens as are required by the immigra- tion laws, subject to administrative regulations prescribed by the Attorney General and medical regulations prescribed by the Surgeon General with the approval of the Secretary. (July 1, 1944, ch. 373, title III, § 325, 58 Stat. 697; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631.) 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. ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of Title 8, Aliens and Nationality. Executive Documents TRANSFER OF FUNCTIONS Office of Surgeon General abolished by section 3 of Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and functions thereof transferred to Sec- retary of Health, Education, and Welfare by section 1 of Reorg. Plan No. 3 of 1966, set out as a note under sec- tion 202 of this title. Office of Surgeon General reestab- lished within the Office of the Assistant Secretary for Health, see Notice of Department of Health and Human Services, Office of the Assistant Secretary for Health, Mar. 30, 1987, 52 F.R. 11754. Functions of Federal Security Administrator trans- ferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agen- cy and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. § 253. Medical services to Coast Guard, National Oceanic and Atmospheric Administration, and Public Health Service (a) Persons entitled to medical services Subject to regulations of the President— (1) commissioned officers, chief warrant offi- cers, warrant officers, cadets, and enlisted per- sonnel of the Regular Coast Guard on active duty, including those on shore duty and those on detached duty; and Regular, and temporary members of the United States Coast Guard Re- serve when on active duty; (2) commissioned officers, ships’ officers, and members of the crews of vessels of the Na- tional Oceanic and Atmospheric Administra- tion on active duty, including those on shore duty and those on detached duty; and (3) commissioned officers of the Regular or Reserve Corps 1 of the Public Health Service on active duty; shall be entitled to medical, surgical, and dental treatment and hospitalization by the Service. The Surgeon General may detail commissioned officers for duty aboard vessels of the Coast Guard or the National Oceanic and Atmospheric Administration. (b) Health care for involuntarily separated offi- cers and dependents (1) The Secretary may provide health care for an officer of the Regular or Reserve Corps 1 in- voluntarily separated from the Service, and for any dependent of such officer, if— (A) the officer or dependent was receiving health care at the expense of the Service at the time of separation; and (B) the Secretary finds that the officer or de- pendent is unable to obtain appropriate insur- ance for the conditions for which the officer or dependent was receiving health care. (2) Health care may be provided under para- graph (1) for a period of not more than one year from the date of separation of the officer from the Service. (c) Examination of personnel of Service assigned to Coast Guard or National Oceanic and At- mospheric Administration The Service shall provide all services referred to in subsection (a) required by the Coast Guard or National Oceanic and Atmospheric Adminis- tration and shall perform all duties prescribed by statute in connection with the examinations to determine physical or mental condition for purposes of appointment, enlistment, and reen- listment, promotion and retirement, and officers of the Service assigned to duty on Coast Guard or National Oceanic and Atmospheric Adminis- tration vessels may extend aid to the crews of American vessels engaged in deep-sea fishing. (July 1, 1944, ch. 373, title III, § 326, 58 Stat. 697; June 7, 1956, ch. 374, § 306(3), 70 Stat. 254; Pub. L. 86–415, § 5(d), Apr. 8, 1960, 74 Stat. 34; Pub. L. 88–71, § 2, July 19, 1963, 77 Stat. 83; 1965 Reorg. Plan No. 2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090; Pub. L. 99–117, § 5, Oct. 7, 1985, 99 Stat. 492.) Editorial Notes AMENDMENTS 1985—Subsec. (b). Pub. L. 99–117 added subsec. (b). 1963—Subsec. (b). Pub. L. 88–71, § 2(a), repealed subsec. (b) which provided for treatment of dependents of per- sonnel. See section 253a(b) of this title. Subsec. (c). Pub. L. 88–71, § 2(b), inserted ‘‘or Coast and Geodetic Survey’’ after ‘‘Coast Guard’’ in two places. 1960—Subsec. (a). Pub. L. 86–415 struck out provisions which authorized medical, surgical, and dental care and hospitalization for retired personnel of Coast Guard, Coast and Geodetic Survey, and Public Health Service. 1956—Subsec. (b). Act June 7, 1956, repealed subsec. (b) except insofar as it related to dependent members of families of ships’ officers and members of crews of ves- sels of Coast and Geodetic Survey. Statutory Notes and Related Subsidiaries CHANGE OF NAME Reference to Reserve Corps of the Public Health Serv- ice deemed to be a reference to the Ready Reserve Corps, see section 204(c)(3) of this title. ‘‘Secretary of Health and Human Services’’ sub- stituted for ‘‘Secretary of Health, Education, and Wel- Page 337 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 253a fare’’ in subsec. (b) pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education. EFFECTIVE DATE OF 1956 AMENDMENT Amendment by act June 7, 1956, effective six months after June 7, 1956, see section 307 of act June 7, 1956. TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. Executive Documents CHANGE OF NAME Coast and Geodetic Survey consolidated with Weath- er Bureau to form a new agency in Department of Com- merce to be known as Environmental Science Services Administration, and commissioned officers of Survey transferred to ESSA, by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318, set out in the Appendix to Title 5, Government Organization and Em- ployees. Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, abolished Environmental Science Services Administration, established National Oceanic and Atmospheric Administration, and redesig- nated Commissioned Officer Corps of ESSA as Commis- sioned Officer Corps of NOAA. For further details, see Transfer of Functions note set out under section 851 of Title 33, Navigation and Navigable Waters. 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. § 253a. Medical services to retired personnel of National Oceanic and Atmospheric Adminis- tration (a) Eligibility Subject to regulations of the President, re- tired ships’ officers and retired members of the crews of vessels of the National Oceanic and At- mospheric Administration shall be entitled to medical, surgical, and dental treatment and hos- pitalization by the Public Health Service if the ships’ officer or crew member, (1) was on active duty as a vessel employee of the National Oce- anic and Atmospheric Administration on July 1, 1963, or on July 19, 1963, whichever is later, and his employment as a vessel employee was con- tinuous from that date until retirement, or (2) was retired as a vessel employee of the National Oceanic and Atmospheric Administration on or before July 1, 1963, or on July 19, 1963, whichever is later. (b) Treatment of dependents of personnel Subject to regulations of the President, de- pendent members of families (as defined in such regulations) of ships’ officers and members of crews of vessels of the National Oceanic and At- mospheric Administration, whether such, ships’ officers and members of crew are on active duty or retired, shall be furnished medical advice and outpatient treatment by the Public Health Serv- ice and, if suitable accommodations are avail- able, they shall also be furnished hospitalization by the Public Health Service if the ships’ officer or crew member (1) was on active duty as a ves- sel employee of the National Oceanic and At- mospheric Administration on July 1, 1963, or on July 19, 1963, whichever is later, and his employ- ment as a vessel employee has been continuous from that time, or (2) was on active duty as a vessel employee of the National Oceanic and At- mospheric Administration on July 1, 1963, or on July 19, 1963, whichever is later, and his employ- ment as a vessel employee was continuous from that time until retirement, or (3) was retired as a vessel employee of the National Oceanic and Atmospheric Administration on or before July 1, 1963, or on July 19, 1963, whichever is later. When dependent members of families are hospitalized, a per diem charge, at such uniform rate as may be prescribed from time to time for the hos- pitalization of dependents of members of the uniformed services at hospitals of the uniformed services pursuant to section 1078(a) of title 10 shall be made. (c) Identification The National Oceanic and Atmospheric Ad- ministration shall furnish proper identification to those persons entitled to medical treatment under the provisions of this section. (Pub. L. 88–71, § 1, July 19, 1963, 77 Stat. 83; 1965 Reorg. Plan No. 2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090; Pub. L. 98–498, title III, § 310(b), (c), Oct. 19, 1984, 98 Stat. 2306, 2307.) Editorial Notes CODIFICATION Section was not enacted as part of the Public Health Service Act which comprises this chapter. AMENDMENTS 1984—Subsec. (a). Pub. L. 98–498, § 310(b), substituted ‘‘by the Public Health Service if’’ for ‘‘at facilities of the Public Health Service: Provided, That’’. Subsec. (b). Pub. L. 98–498, § 310(c), struck out ‘‘at its hospitals and relief stations’’ before ‘‘and, if suitable accommodations’’ and substituted ‘‘by the Public Health Service if’’ for ‘‘at hospitals of the Public Health Service: Provided, That’’. 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 CHANGE OF NAME Coast and Geodetic Survey consolidated with Weath- er Bureau to form a new agency in Department of Com- merce to be known as Environmental Science Services Administration, and commissioned officers of Survey transferred to ESSA, by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318, set out in the Appendix to Title 5, Government Organization and Em-