42 U.S.C. § 249 | Medical care and treatment of quarantined and detained persons

(a)

Persons entitled to treatment

Any person when detained in accordance with quarantine laws, or, at the request of the Immigration and Naturalization Service, any person detained by that Service, may be treated and cared for by the Public Health Service.

(b)

Temporary treatment in emergency cases

Persons not entitled to treatment and care at institutions, hospitals, and stations of the Service may, in accordance with regulations of the Surgeon General, be admitted thereto for temporary treatment and care in case of emergency.

(c)

Authorization for outside treatment

Persons whose care and treatment is authorized by subsection (a) may, in accordance with regulations, receive such care and treatment at the expense of the Service from public or private medical or hospital facilities other than those of the Service, when authorized by the officer in charge of the station at which the application is made.

July 1, 1944, ch. 373 58 Stat. 696 June 25, 1948, ch. 654, § 3 62 Stat. 1018 Aug. 8, 1956, ch. 1036, § 3 70 Stat. 1120 Pub. L. 88–424Aug. 13, 196478 Stat. 398 Pub. L. 90–174, § 10(c)Dec. 5, 196781 Stat. 541 Pub. L. 97–35, title IX, § 986(a)Aug. 13, 198195 Stat. 603(, title III, § 322, ; , ; , ; , , ; , , ; , (b)(1), (2), , .)

Editorial Notes

Amendments

Pub. L. 97–35, § 986(a)1981—Subsec. (a). , (b)(2), redesignated subsec. (c) as (a). Former subsec. (a), which related to persons entitled to medical, etc., treatment and hospitalization, was struck out.

Pub. L. 97–35, § 986(a)Subsec. (b). , (b)(2), redesignated subsec. (d) as (b). Former subsec. (b), which related to treatment for seamen on foreign-flag vessels, was struck out.

Pub. L. 97–35, § 986(b)(1)Subsec. (c). , (2), redesignated subsec. (e) as (c), substituted “subsection (a)” for “subsection (c)”, and struck out “entitled to care and treatment under subsection (a) of this section and persons” after “Persons”. Former subsec. (c) redesignated (a).

Pub. L. 97–35, § 986(b)(2)Subsecs. (d), (e). , redesignated subsecs. (d) and (e) as (b) and (c), respectively.

Pub. L. 90–1741967—Subsec. (a)(7). substituted provision for entitlement to treatment and hospitalization of seamen-trainees, while participating in maritime training programs to develop or enhance their employability in maritime industry, for provision for such entitlement of employees and noncommissioned officers in field service of Public Health Service when injured or taken sick in line of duty.

Pub. L. 88–4241964—Subsec. (a)(8). added par. (8).

June 25, 19481948—Subsec. (e). Act , permitted Service to provide for care and treatment of individuals detained in accordance with our quarantine laws.

Statutory Notes and Related Subsidiaries

Change of Name

section 509(b) of Pub. L. 96–88 section 3508(b) of Title 20“Secretary of Health and Human Services” substituted for “Secretary of Health, Education, and Welfare” pursuant to , which is classified to , Education.

Effective Date of 1981 Amendment

Pub. L. 97–35, title IX, § 986(c)Aug. 13, 198195 Stat. 603

October 1, 1981“The amendments and repeals made by this section [amending this section and sections 201 and 254e of this title] shall take effect on .”

, , , provided that:

Abolition of Immigration and Naturalization Service and Transfer of Functions

section 1551 of Title 8For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under , Aliens and Nationality.

Continued Care for Merchant Seamen Hospitalized in Public Health Service Hospitals

Pub. L. 97–35, title IX, § 988Aug. 13, 198195 Stat. 604

“(a)

The Secretary shall provide, by contract or other arrangement with a Federal entity and without charge but subject to subsection (b), for the continuation of inpatient hospital services (and outpatient services related to the condition of hospitalization) to any individual who—

“(1)

September 30, 198142 U.S.C. 249(a) on , is receiving inpatient hospital services at a Public Health Service hospital on the basis of the entitlement contained in section 322(a) of the Public Health Service Act (), as such section was in effect on such date, for treatment of a condition,

“(2)

requires continued hospitalization after such date for treatment of that condition (or requires outpatient services related to such condition), and

“(3)

the Secretary determines has no other source of inpatient hospital services available for continued treatment of that condition.

“(b)

Services may not be provided under subsection (a) to an individual after the earlier of—

“(1)

September 30, 1982 ,

“(2)

September 30, 1981 the end of the first 60-day consecutive period (beginning after ) during the entire period of which the individual is not an inpatient of a hospital.

“(c)

Notwithstanding any other provision of law, the head of any Federal department or agency which provides, under other authority of law and through federal facilities, inpatient hospital services or outpatient services, or both, is authorized to provide inpatient hospital services (and related outpatient services) to individuals under contract or other arrangement with the Secretary pursuant to this section.”

, , , provided that:

Foreign Seamen

July 1, 1944Aug. 13, 1946, ch. 958, § 5 60 Stat. 1049 July 30, 1956, ch. 779, § 3(b)70 Stat. 721Jan. 25, 1948July 25, 1947, ch. 327, § 2(b)61 Stat. 451Section 810(c), formerly § 710(c), of act , as renumbered by acts , ; , , which gave foreign seamen the same benefits as accorded seamen employed on United States vessels under subsec. (a)(1) of this section, was repealed effective , by Joint Res. , .

Executive Documents

Transfer of Functions

June 25, 196680 Stat. 1610 section 202 of this titleFunctions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees 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. , 31 F.R. 8855, , set out as a note under .

May 24, 195064 Stat. 1261 Pub. L. 89–554, § 8(a)Sept. 6, 196680 Stat. 662Functions of all other officers of Department of Justice and functions of all agencies and employees of such Department transferred, with a few exceptions, to Attorney General, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers, agencies, and employees, by sections 1 and 2 of Reorg. Plan No. 2 of 1950, eff. , 15 F.R. 3173, , which were repealed by , , . Immigration and Naturalization Service, referred to in this section, was a bureau in Department of Justice.