24 U.S.C. § 325 — Examination of persons admitted

Page 30 TITLE 24—HOSPITALS AND ASYLUMS § 323 cies. Such arrangements shall be made without regard to section 6101 of title 41, and may pro- vide for payment by the Secretary either in ad- vance or by way of reimbursement. (b) Payment or reimbursement for care, treat- ment, or assistance The Secretary may, to the extent deemed ap- propriate, equitable, and practicable by him, (1) require any person receiving care and treatment or assistance pursuant to subsection (a) to pay, in advance or by way of reimbursement, for the cost thereof or (2) obtain reimbursement for such cost from any State or political subdivision responsible for the cost of his subsequent hos- pitalization. (Pub. L. 86–571, § 2, July 5, 1960, 74 Stat. 308; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.) Editorial Notes CODIFICATION In subsec. (a), ‘‘section 6101 of title 41’’ substituted for ‘‘section 3709 of the Revised Statutes, as amended (41 U.S.C. 5)’’ on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. 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. § 323. Transfer and release to State of residence or legal domicile, or to relative If, at the time of arrival in the United States, the residence or the legal domicile of an eligible person appearing to be in need of care and treat- ment in a mental hospital is known to be in a State, or whenever thereafter such a person’s residence or legal domicile in a State is ascertained, the Secretary shall, if the person is then under his care (whether directly or pursu- ant to a contract or other arrangement under section 322 or 324 of this title), endeavor to ar- range with the proper authorities of such State, or of a political subdivision thereof, for the as- sumption of responsibility for the care and treatment of such person by such authorities and shall, upon the making of such arrangement in writing, transfer and release such person to such authorities. In the event the State of the residence or legal domicile of an eligible person cannot be ascertained, or the Secretary is un- able to arrange with the proper authorities of such State, or of a political subdivision thereof, for the assumption of responsibility for his care and treatment, the Secretary may, if he deter- mines that the best interests of such person will be served thereby, transfer and release the eligi- ble person to a relative who agrees in writing to assume responsibility for such person after hav- ing been fully informed as to his condition. (Pub. L. 86–571, § 3, July 5, 1960, 74 Stat. 308.) § 324. Care and treatment of eligible persons until transfer and release (a) Place of hospitalization Until the transfer and release of an eligible person pursuant to section 323 of this title, the Secretary is authorized to provide care and treatment for such person at any Federal hos- pital within or (pursuant to agreement) outside of the Department, or (under contract or other arrangements made without regard to section 6101 of title 41) at any other public or private hospital in any State and, for such purposes, to transfer such person to any such hospital from a place of temporary care provided pursuant to section 322 of this title. In determining the place of such hospitalization, the Secretary shall give due weight to the best interests of the patient. (b) Ineligible persons The authority of the Secretary to provide hos- pitalization for any person under this section shall not apply to any person for whose medical care and treatment any agency of the United States is responsible. (Pub. L. 86–571, § 4, July 5, 1960, 74 Stat. 309; Pub. L. 98–621, § 10(r), Nov. 8, 1984, 98 Stat. 3381.) Editorial Notes CODIFICATION In subsec. (a), ‘‘section 6101 of title 41’’ substituted for ‘‘section 3709 of the Revised Statutes, as amended’’ on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Con- tracts. AMENDMENTS 1984—Subsec. (a). Pub. L. 98–621 substituted ‘‘any’’ for ‘‘Saint Elizabeth Hospital, at any other’’ after ‘‘for such person’’ in first sentence. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–621 effective Oct. 1, 1987, see section 12(b) of Pub. L. 98–621 set out as an Effective Date note under section 225 of this title. § 325. Examination of persons admitted (a) Time and frequency of examination; dis- charge Any person admitted to any hospital pursuant to section 322 or section 324 of this title shall, as soon as practicable, but in no event more than five days after the day of such admission, be ex- amined by qualified members of the medical staff of the hospital and, unless found to be in need of hospitalization by reason of mental ill- ness, shall be discharged. Any person found upon such examination to be in need of such hos- pitalization shall thereafter, as frequently as practicable but not less often than every six months, be reexamined and shall, whenever it is determined that the conditions justifying such hospitalization no longer obtain, be discharged or, if found to be in the best interests of the pa- tient, be conditionally released. (b) Notice to legal guardian, etc. Whenever any person is admitted to a hospital pursuant to this chapter, his legal guardian, Page 31 TITLE 24—HOSPITALS AND ASYLUMS § 329 spouse, or next of kin shall, if known, be imme- diately notified. (Pub. L. 86–571, § 5, July 5, 1960, 74 Stat. 309.) § 326. Release of patient (a) Request; determination of right to retain; re- tention after request If a person who is a patient hospitalized under section 322 or 324 of this title, or his legal guard- ian, spouse, or adult next of kin, requests the re- lease of such patient, the right of the Secretary, or the head of the hospital, to detain him for care and treatment shall be determined in ac- cordance with such laws governing the deten- tion, for care and treatment, of persons alleged to be mentally ill as may be in force and appli- cable generally in the State in which such hos- pital is located, but in no event shall the patient be detained more than forty-eight hours (exclud- ing any period of time falling on a Sunday or legal holiday) after the receipt of such request unless within such time (1) judicial proceedings for such hospitalization are commenced or (2) a judicial extension of such time is obtained, for a period of not more than five days, for the com- mencement of such proceedings. (b) Transfer to another hospital The Secretary is authorized at any time, when he deems it to be in the interest of the person or of the institution affected, to transfer any per- son hospitalized under section 324 of this title from one hospital to another, and to that end any judicial commitment of any person so hos- pitalized may be to the Secretary. (Pub. L. 86–571, § 6, July 5, 1960, 74 Stat. 309.) § 327. Notification to committing court of dis- charge or conditional release In the case of any person hospitalized under section 324 of this title who has been judicially committed to the Secretary’s custody, the Sec- retary shall, upon the discharge or conditional release of such person, or upon such person’s transfer and release under section 323 of this title, notify the committing court of such dis- charge or conditional release or such transfer and release. (Pub. L. 86–571, § 7, July 5, 1960, 74 Stat. 310.) § 328. Payment for care and treatment (a) Persons liable; scope of liability; compromise or waiver; investigations; judicial pro- ceedings Any person hospitalized under section 324 of this title or his estate, shall be liable to pay or contribute toward the payment of the costs or charges for his care and treatment to the same extent as such person would, if resident in the District of Columbia, be liable to pay, under the laws of the District of Columbia, for his care and maintenance in a hospital for the mentally ill in that jurisdiction. The Secretary may, in his dis- cretion, where in his judgment substantial jus- tice will be best served thereby or the probable recovery will not warrant the expense of collec- tion, compromise or waive the whole or any por- tion of any claim under this section. In carrying out this section, the Secretary may make or cause to be made such investigations as may be necessary to determine the ability of any person hospitalized under section 324 of this title to pay or contribute toward the cost of his hospitaliza- tion. All collections or reimbursement on ac- count of the costs and charges for the care of the eligible person shall be deposited in the Treas- ury as miscellaneous receipts. Any judicial pro- ceedings to recover such costs or charges shall be brought in the name of the United States in any court of competent jurisdiction. (b) ‘‘Costs or charges’’ defined As used in this section, the term ‘‘costs or charges’’ means, in the case of hospitalization at a hospital under the jurisdiction of the Depart- ment of Health and Human Services, a per diem rate prescribed by the Secretary on a basis com- parable to that charged for any other paying pa- tients and, in the case of persons hospitalized elsewhere, the contract rate or a per diem rate fixed by the Secretary on the basis of the con- tract rate. (Pub. L. 86–571, § 8, July 5, 1960, 74 Stat. 310; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.) 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. § 329. Availability of appropriations for transpor- tation Appropriations for carrying out this chapter shall also be available for the transportation of any eligible person and necessary attendants to or from a hospital (including any hospital of a State or political subdivision to which an eligi- ble person is released under section 323 of this title), to the place where a relative to whom any person is released under section 323 of this title resides, or to a person’s home upon his discharge from hospitalization under this chapter. (Pub. L. 86–571, § 9, July 5, 1960, 74 Stat. 310.) CHAPTER 10—ARMED FORCES RETIREMENT HOME Sec. 401. Definitions. SUBCHAPTER I—ESTABLISHMENT AND OPERATION OF RETIREMENT HOME 411. Establishment of the Armed Forces Retire- ment Home. 412. Residents of Retirement Home. 413. Services provided to residents. 413a. Oversight of health care provided to resi- dents. 414. Fees paid by residents. 415. Chief Operating Officer. 416. Advisory Council. 416a. Resident Advisory Committees. 417. Administrators, Ombudsmen, and staff of fa- cilities. 418. Periodic inspection of retirement home facili- ties.