24 U.S.C. § 322 — Reception of eligible persons at ports of

Page 29 TITLE 24—HOSPITALS AND ASYLUMS § 322 CHAPTER 7A—PRIVATE AND COMMERCIAL CEMETERIES § 298. Repealed. Oct. 31, 1951, ch. 654, § 1(47), 65 Stat. 703 Section, act June 20, 1939, ch. 220, 53 Stat. 843, related to disposal, by Secretary of War, of government lots in commercial cemeteries. CHAPTER 8—GORGAS HOSPITAL Sec. 301. Ancon Hospital to be known as Gorgas Hos- pital. 302. Change of name as affecting various rights; records, maps, and public documents. § 301. Ancon Hospital to be known as Gorgas Hospital In recognition of his distinguished services to humanity and as a fitting perpetuation of the name and memory of Major General William Crawford Gorgas, the Government hospital with- in the Canal Zone, near the City of Panama, known prior to March 24, 1928, as the Ancon Hos- pital, shall after such date be known and des- ignated on the public records as the Gorgas Hos- pital. (Mar. 24, 1928, ch. 240, § 1, 45 Stat. 365.) Editorial Notes REFERENCES IN TEXT For definition of Canal Zone, referred to in text, see section 3602(b) of Title 22, Foreign Relations and Inter- course. § 302. Change of name as affecting various rights; records, maps, and public documents The change in the name of said hospital shall in no wise affect the rights of the Federal Gov- ernment, or any municipality, corporation, as- sociation, or person; and all records, maps, and public documents of the United States in which said hospital is mentioned or referred to under the name of the Ancon Hospital or otherwise shall be held to refer to the said hospital under and by the name of the Gorgas Hospital. (Mar. 24, 1928, ch. 240, § 2, 45 Stat. 366.) CHAPTER 9—HOSPITALIZATION OF MEN- TALLY ILL NATIONALS RETURNED FROM FOREIGN COUNTRIES Sec. 321. Definitions. 322. Reception of eligible persons at ports of entry or debarkation. 323. Transfer and release to State of residence or legal domicile, or to relative. 324. Care and treatment of eligible persons until transfer and release. 325. Examination of persons admitted. 326. Release of patient. 327. Notification to committing court of discharge or conditional release. 328. Payment for care and treatment. 329. Availability of appropriations for transpor- tation. § 321. Definitions For the purposes of this chapter except as the context may otherwise require— (a) The term ‘‘Department’’ means the Depart- ment of Health and Human Services. (b) The term ‘‘Secretary’’ means the Secretary of Health and Human Services. (c) The term ‘‘State’’ means a State or Terri- tory of the United States, the Commonwealth of Puerto Rico, or the District of Columbia. (d) The term ‘‘eligible person’’ means an indi- vidual with respect to whom the following cer- tificates are furnished to the Secretary: (1) A certificate of the Secretary of State that such individual is a national of the United States; and (2) Either (A) a certificate obtained or trans- mitted by the Secretary of State that such in- dividual has been legally adjudged insane in a named foreign country, or (B) a certificate of an appropriate authority or person (as deter- mined in accordance with regulations pre- scribed by the Secretary of Health and Human Services) stating that at the time of such cer- tification such individual was in a named for- eign country and was in need of care and treatment in a mental hospital. (e) The term ‘‘residence’’ means residence as determined under the applicable law or regula- tions of a State or political subdivision for the purpose of determining the eligibility of an indi- vidual for hospitalization in a public mental hospital. (Pub. L. 86–571, § 1, July 5, 1960, 74 Stat. 308; 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 for ‘‘Department of Health, Education, and Welfare’’ in subsec. (a) and ‘‘Secretary of Health and Human Services’’ substituted for ‘‘Secretary of Health, Education, and Welfare’’ in subsecs. (b) and (d)(2), pur- suant to section 509(b) of Pub. L. 96–88 which is classi- fied to section 3508(b) of Title 20, Education. EFFECTIVE DATE Pub. L. 86–571, § 11, July 5, 1960, 74 Stat. 310, provided that: ‘‘This Act [enacting this chapter and repealing sections 191a and 196a of this title] shall, except as oth- erwise specified, take effect on the date of its enact- ment [July 5, 1960].’’ § 322. Reception of eligible persons at ports of entry or debarkation (a) Arrangements for care, treatment, and assist- ance Upon request of the Secretary of State, the Secretary of Health and Human Services is au- thorized (directly or through arrangements under this subsection) to receive any eligible person at any port of entry or debarkation upon arrival from a foreign country and, to the extent he finds it necessary, to temporarily care for and treat at suitable facilities (including a hos- pital), and otherwise render assistance to, such person pending his transfer or hospitalization pursuant to other sections of this chapter. For the purpose of providing such care and treat- ment and assistance, the Secretary is authorized to enter into suitable arrangements with appro- priate State or other public or nonprofit agen- 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,