42 U.S.C. § 2001 — Hospitals and health facilities transferred

Page 5353 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2002 circumstances is held invalid or found to be un- constitutional, the remainder of this chapter and the application of that provision to other persons or circumstances shall not be affected. (Pub. L. 117–328, div. II, § 108, Dec. 29, 2022, 136 Stat. 6089.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 180 days after Dec. 29, 2022, see sec- tion 109 of div. II of Pub. L. 117–328, set out as a note under section 2000gg of this title. CHAPTER 22—INDIAN HOSPITALS AND HEALTH FACILITIES SUBCHAPTER I—MAINTENANCE AND OPERATION Sec. 2001. Hospitals and health facilities transferred to Public Health Service; restriction on clos- ing hospitals. 2002. Transfer of hospitals and facilities to State or private institutions; conditions and restric- tions; failure to meet requirements. 2003. Regulations. 2004. Transfer of personnel, property, records, mon- ies. 2004a. Sanitation facilities. 2004b. Implementation of education, hospital and health facility, etc., contracts and grants by Public Health Service personnel; request for detail of personnel. SUBCHAPTER II—CONSTRUCTION OF HEALTH FACILITIES AND COMMUNITY HOSPITALS 2005. Financial assistance by Surgeon General. 2005a. Amount of assistance; determination of costs. 2005b. Conditions of assistance. 2005c. Payments. 2005d. Eligibility of assisted project for aid under other acts; excluded costs. 2005e. Definitions. 2005f. Supervision or control of assisted hospitals. SUBCHAPTER I—MAINTENANCE AND OPERATION § 2001. Hospitals and health facilities transferred to Public Health Service; restriction on clos- ing hospitals (a) All functions, responsibilities, authorities, and duties of the Department of the Interior, the Bureau of Indian Affairs, Secretary of the Inte- rior, and the Commissioner of Indian Affairs re- lating to the maintenance and operation of hos- pital and health facilities for Indians, and the conservation of the health of Indians, are trans- ferred to, and shall be administered by, the Sur- geon General of the United States Public Health Service, under the supervision and direction of the Secretary of Health and Human Services: Provided, That hospitals now in operation for a specific tribe or tribes of Indians shall not be closed prior to July 1, 1956, without the consent of the governing body of the tribe or its orga- nized council. (b) In carrying out his functions, responsibil- ities, authorities, and duties under this sub- chapter, the Secretary is authorized, with the consent of the Indian people served, to contract with private or other non-Federal health agen- cies or organizations for the provision of health services to such people on a fee-for-service basis or on a prepayment or other similar basis. (Aug. 5, 1954, ch. 658, § 1, 68 Stat. 674; Pub. L. 93–222, § 6(a), Dec. 29, 1973, 87 Stat. 935; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.) Editorial Notes AMENDMENTS 1973—Pub. L. 93–222 designated existing provisions as subsec. (a) and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Act Aug. 5, 1954, ch. 658, § 6, 68 Stat. 675, as amended by Pub. L. 86–121, § 2, July 31, 1959, 73 Stat. 268, provided that: ‘‘Sections 1 to 5, inclusive, of this Act [enacting this subchapter and repealing sections 444 to 449 of Title 25, Indians] shall take effect July 1, 1959.’’ SHORT TITLE This subchapter is popuarly known as the ‘‘Transfer Act’’. 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. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Edu- cation. Office of Surgeon General reestablished 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. § 2002. Transfer of hospitals and facilities to State or private institutions; conditions and restrictions; failure to meet requirements Whenever the health needs of the Indians can be better met thereby, the Secretary of Health and Human Services is authorized in his discre- tion to enter into contracts with any State, Ter- ritory, or political subdivision thereof, or any private nonprofit corporation, agency or institu- tion providing for the transfer by the United States Public Health Service of Indian hospitals or health facilities, including initial operating equipment and supplies. It shall be a condition of such transfer that all facilities transferred shall be available to meet the health needs of the Indians and that such health needs shall be given priority over those of the non-Indian population. No hospital or health facility that has been constructed or maintained for a specific tribe of Indians, or for a specific group of tribes, shall be transferred by the Secretary of Health and Human Services to a non-Indian entity or organization under this subchapter unless such action has been approved by the governing body of the tribe, or by the governing bodies of a majority of the tribes, for which such hospital or health facility has been constructed or maintained: Provided, That if, following such transfer by the United States Public Health Service, the Secretary of Health and Human Services finds the hospital or health facility transferred under this section is not