42 U.S.C. § 253b — Former Lighthouse Service employees;

Page 338 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 253b 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. EX. ORD. NO. 11160. REGULATIONS RELATING TO MEDICAL CARE FOR RETIRED PERSONNEL OF COAST AND GEODETIC SURVEY [NOW NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION] AND THEIR DEPENDENTS Ex. Ord. No. 11160, July 6, 1964, 29 F.R. 9315, provided: By virtue of the authority vested in me by the first section of the Act of July 19, 1963 (Public Law 88–71, 77 Stat. 83, 42 U.S.C. 253a), and as President of the United States, I hereby prescribe the following regulations re- lating to the medical care of certain retired personnel of the Coast and Geodetic Survey [now National Oce- anic and Atmospheric Administration] and dependents of Coast and Geodetic Survey [now National Oceanic and Atmospheric Administration] ships’ officers and crew members, both active and retired. SECTION 1. Definitions. As used in these regulations, the term: (1) ‘‘Retired ships’ officer and retired crew member’’ means a noncommissioned ships’ officer or crew mem- ber of a vessel of the Coast and Geodetic Survey [now National Oceanic and Atmospheric Administration] who either was on active duty as a vessel employee on July 19, 1963, and whose employment as such vessel em- ployee was continuous from that date until the date of his retirement, or who had retired as a vessel employee on or before July 19, 1963. (2) ‘‘Active duty ships’ officer and active duty crew member’’ means a noncommissioned ships’ officer or crew member on active duty as a vessel employee of the Coast and Geodetic Survey [now National Oceanic and Atmospheric Administration] on July 19, 1963, and whose employment as such vessel employee has been continuous from that time. (3) ‘‘Dependent members of families’’, with respect to active duty or retired ships’ officers or crew members, means: (A) the lawful wife; (B) the unmarried legitimate child, including an adopted child or stepchild, who has not passed his twenty-first birthday; and (C) the father or mother, if in fact dependent upon such active duty or retired ships’ officer or crew mem- ber for over one-half of his or her support. (4) ‘‘Relief stations’’ means Public Health Service outpatient clinics and outpatient offices. (5) ‘‘Outpatient clinic’’ means a full-time outpatient medical facility, operated in Federally owned or leased space under the supervision of a commissioned medical officer or a full-time civil service medical officer (for- merly known as a Second-Class Relief Station). (6) ‘‘Outpatient office’’ means a part-time outpatient facility serving all classes of legal beneficiaries, lo- cated in other than Federal space, and in the charge of a local private physician under contract to the Service to provide medical care on an annual or fee basis (for- merly known as a Third-Class Relief Station). SEC. 2. Persons entitled to treatment. The following per- sons shall be entitled to medical care under these regu- lations: (1) Retired ships’ officers and retired crew members of the Coast and Geodetic Survey [now National Oce- anic and Atmospheric Administration]; (2) Dependent members of families of persons de- scribed in paragraph (1) of this section; (3) Dependent members of families of active duty ships’ officers and crew members of the Coast and Geo- detic Survey [now National Oceanic and Atmospheric Administration]. SEC. 3. Application for treatment; evidence of eligibility. Persons entitled to medical care under Section 2 of these regulations, when applying to Public Health Service medical care facilities for medical care, shall produce proper identification, as issued to them by the Coast and Geodetic Survey [now National Oceanic and Atmospheric Administration], and such identification shall be accepted as evidence of eligibility for such medical care by the Service. SEC. 4. Extent of treatment; retired ships’ officers and crew members. Subject to the limitation imposed by paragraph (2) of this section, retired ships’ officers and crew members entitled to medical care under these reg- ulations shall be furnished: (1) Medical, surgical, and dental treatment at hos- pitals, outpatient clinics, and outpatient offices of the Service, and hospitalization at hospitals of the Service. The Service will not be responsible for defraying the cost of hospitalization, medical services, and supplies procured elsewhere. (2) Dental treatment shall be furnished to the extent that facilities and services at hospitals and outpatient clinics of the Service having full-time dental officers on duty are available to provide such treatment. At other Service facilities, dental treatment shall be lim- ited to emergency measures necessary to relieve pain. SEC. 5. Extent of treatment; dependent members of fami- lies; charges. (a) Dependent members of families shall be furnished medical advice and outpatient treatment at hospitals, outpatient clinics, and outpatient offices of the Service and, if suitable accommodations are avail- able, shall be furnished hospitalization at hospitals of the Service. The Service will not be responsible for de- fraying the cost of hospitalization, medical services, and supplies procured elsewhere. (b) For the purpose of this section— (1) Medical advice and outpatient treatment may in- clude such services and supplies as the Medical Officer in Charge may deem to be necessary for reasonable and adequate treatment. (2) Hospitalization shall be furnished when, in the opinion of the Medical Officer in Charge, suitable ac- commodations are available and the condition of the patient is such as to require hospitalization. When hos- pitalization is authorized, it may include such services and supplies as the Medical Officer in Charge may deem to be necessary for reasonable and adequate treatment. (c) Charges shall be made for hospitalization of de- pendent members of families at the same per diem rate as is prescribed for dependents of members of the uni- formed services pursuant to section 1078(a) of Title 10 of the United States Code. (d) Dental treatment may be furnished to the extent that facilities and services at hospitals and outpatient clinics of the Service having full-time dental officers are available to provide such treatment. Dental care will not be furnished under any circumstances in pri- vate facilities at the expense of the Service. SEC. 6. Prior orders. Executive Order No. 9703 of March 12, 1946, prescribing regulations relating to medical care of certain personnel of the Coast Guard, Coast and Geodetic Survey [now National Oceanic and Atmos- pheric Administration], Public Health Service, and former Lighthouse Service, is hereby amended to the extent necessary to conform it to the provisions of this order. LYNDON B. JOHNSON. § 253b. Former Lighthouse Service employees; medical service eligibility Subject to regulations of the President, lightkeepers, assistant lightkeepers, and officers and crews of vessels of the former Lighthouse Page 339 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 254a Service, including any such persons who subse- quent to June 30, 1939, were involuntarily as- signed to other civilian duty in the Coast Guard, who were entitled to medical relief at hospitals and other stations of the Public Health Service prior to July 1, 1944, and who retired under the provisions of section 763 of title 33, shall be enti- tled to medical, surgical, and dental treatment and hospitalization at hospitals and other sta- tions of the Public Health Service. (Pub. L. 93–353, title I, § 108(a), July 23, 1974, 88 Stat. 371.) Editorial Notes CODIFICATION Section was enacted as a part of Health Services Re- search, Health Statistics, and Medical Libraries Act of 1974, and also as a part of Health Services Research and Evaluation and Health Statistics Act of 1974, and not as a part of the Public Health Service Act which com- prises this chapter. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 93–353, title I, § 108(b), July 23, 1974, 88 Stat. 371, provided that: ‘‘Subsection (a) [enacting this sec- tion] shall be effective from December 28, 1973.’’ 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. § 254. Interdepartmental work Nothing contained in this part shall affect the authority of the Service to furnish any mate- rials, supplies, or equipment, or perform any work of services, requested in accordance with sections 1535 and 1536 of title 31, or the authority of any other executive department to furnish any materials, supplies, or equipment, or per- form any work or services, requested by the De- partment of Health and Human Services for the Service in accordance with that section. (July 1, 1944, ch. 373, title III, § 327, 58 Stat. 697; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.) Editorial Notes CODIFICATION ‘‘Sections 1535 and 1536 of title 31’’ substituted in text for ‘‘section 7 of the Act of May 21, 1920, as amended (U.S.C., 1940 edition, title 31, sec. 686)’’ on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Fi- nance. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Department of Health and Human Services’’ sub- stituted in text for ‘‘Department 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. 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. 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. § 254a. Sharing of medical care facilities and re- sources (a) Definitions For purposes of this section— (1) the term ‘‘specialized health resources’’ means health care resources (whether equip- ment, space, or personnel) which, because of cost, limited availability, or unusual nature, are either unique in the health care commu- nity or are subject to maximum utilization only through mutual use; (2) the term ‘‘hospital’’, unless otherwise specified, includes (in addition to other hos- pitals) any Federal hospital. (b) Statement of purpose; agreements or ar- rangements; reciprocity; reimbursement; credits For the purpose of maintaining or improving the quality of care in Public Health Service fa- cilities and to provide a professional environ- ment therein which will help to attract and re- tain highly qualified and talented health per- sonnel, to encourage mutually beneficial rela- tionships between Public Health Service facili- ties and hospitals and other health facilities in the health care community, and to promote the full utilization of hospitals and other health fa- cilities and resources, the Secretary may— (1) enter into agreements or arrangements with schools of medicine, schools of osteo- pathic medicine, and with other health profes- sions schools, agencies, or institutions, for such interchange or cooperative use of facili- ties and services on a reciprocal or reimburs- able basis, as will be of benefit to the training or research programs of the participating agencies; and (2) enter into agreements or arrangements with hospitals and other health care facilities for the mutual use or the exchange of use of specialized health resources, and providing for reciprocal reimbursement. Any reimbursement pursuant to any such agree- ment or arrangement shall be based on charges covering the reasonable cost of such utilization, including normal depreciation and amortization costs of equipment. Any proceeds to the Govern- ment under this subsection shall be credited to the applicable appropriation of the Public