-CITE-
    24 USC CHAPTER 9 - HOSPITALIZATION OF MENTALLY ILL
           NATIONALS RETURNED FROM FOREIGN COUNTRIES       01/03/2007

-EXPCITE-
    TITLE 24 - HOSPITALS AND ASYLUMS
    CHAPTER 9 - HOSPITALIZATION OF MENTALLY ILL NATIONALS RETURNED FROM
                 FOREIGN COUNTRIES                 

-HEAD-
    CHAPTER 9 - HOSPITALIZATION OF MENTALLY ILL NATIONALS RETURNED FROM
                             FOREIGN COUNTRIES

-MISC1-
    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 transportation.    

-End-



-CITE-
    24 USC Sec. 321                                             01/03/2007

-EXPCITE-
    TITLE 24 - HOSPITALS AND ASYLUMS
    CHAPTER 9 - HOSPITALIZATION OF MENTALLY ILL NATIONALS RETURNED FROM
                 FOREIGN COUNTRIES                 

-HEAD-
    Sec. 321. Definitions

-STATUTE-
      For the purposes of this chapter except as the context may
    otherwise require - 
      (a) The term "Department" means the Department 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 Territory of the United
    States, the Commonwealth of Puerto Rico, or the District of
    Columbia.
      (d) The term "eligible person" means an individual with respect
    to whom the following certificates 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 transmitted by the
      Secretary of State that such individual has been legally adjudged
      insane in a named foreign country, or (B) a certificate of an
      appropriate authority or person (as determined in accordance with
      regulations prescribed by the Secretary of Health and Human
      Services) stating that at the time of such certification such
      individual was in a named foreign 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 regulations of a State or political subdivision
    for the purpose of determining the eligibility of an individual for
    hospitalization in a public mental hospital.

-SOURCE-
    (Pub. L. 86-571, Sec. 1, July 5, 1960, 74 Stat. 308; Pub. L. 96-88,
    title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

-CHANGE-
                              CHANGE OF NAME                          
      "Department of Health and Human Services" substituted 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),
    pursuant to section 509(b) of Pub. L. 96-88 which is classified to
    section 3508(b) of Title 20, Education.


-MISC1-
                              EFFECTIVE DATE                          
      Section 11 of Pub. L. 86-571 provided that: "This Act [enacting
    this chapter and repealing sections 191a and 196a of this title]
    shall, except as otherwise specified, take effect on the date of
    its enactment [July 5, 1960]."

-End-



-CITE-
    24 USC Sec. 322                                             01/03/2007

-EXPCITE-
    TITLE 24 - HOSPITALS AND ASYLUMS
    CHAPTER 9 - HOSPITALIZATION OF MENTALLY ILL NATIONALS RETURNED FROM
                 FOREIGN COUNTRIES                 

-HEAD-
    Sec. 322. Reception of eligible persons at ports of entry or
      debarkation

-STATUTE-
    (a) Arrangements for care, treatment, and assistance
      Upon request of the Secretary of State, the Secretary of Health
    and Human Services is authorized (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 hospital), 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 treatment and assistance, the Secretary is
    authorized to enter into suitable arrangements with appropriate
    State or other public or nonprofit agencies. Such arrangements
    shall be made without regard to section 5 of title 41, and may
    provide for payment by the Secretary either in advance or by way of
    reimbursement.
    (b) Payment or reimbursement for care, treatment, or assistance
      The Secretary may, to the extent deemed appropriate, equitable,
    and practicable by him, (1) require any person receiving care and
    treatment or assistance pursuant to subsection (a) of this section
    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
    hospitalization.

-SOURCE-
    (Pub. L. 86-571, Sec. 2, July 5, 1960, 74 Stat. 308; Pub. L. 96-88,
    title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

-CHANGE-
                              CHANGE OF NAME                          
      "Secretary of Health and Human Services" substituted 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, Education.

-End-



-CITE-
    24 USC Sec. 323                                             01/03/2007

-EXPCITE-
    TITLE 24 - HOSPITALS AND ASYLUMS
    CHAPTER 9 - HOSPITALIZATION OF MENTALLY ILL NATIONALS RETURNED FROM
                 FOREIGN COUNTRIES                 

-HEAD-
    Sec. 323. Transfer and release to State of residence or legal
      domicile, or to relative

-STATUTE-
      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 treatment 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 pursuant to a contract or
    other arrangement under section 322 or 324 of this title), endeavor
    to arrange with the proper authorities of such State, or of a
    political subdivision thereof, for the assumption 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 unable 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 determines that the best interests of such
    person will be served thereby, transfer and release the eligible
    person to a relative who agrees in writing to assume responsibility
    for such person after having been fully informed as to his
    condition.

-SOURCE-
    (Pub. L. 86-571, Sec. 3, July 5, 1960, 74 Stat. 308.)

-End-



-CITE-
    24 USC Sec. 324                                             01/03/2007

-EXPCITE-
    TITLE 24 - HOSPITALS AND ASYLUMS
    CHAPTER 9 - HOSPITALIZATION OF MENTALLY ILL NATIONALS RETURNED FROM
                 FOREIGN COUNTRIES                 

-HEAD-
    Sec. 324. Care and treatment of eligible persons until transfer and
      release

-STATUTE-
    (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 hospital within
    or (pursuant to agreement) outside of the Department, or (under
    contract or other arrangements made without regard to section 5 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 hospitalization 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.

-SOURCE-
    (Pub. L. 86-571, Sec. 4, July 5, 1960, 74 Stat. 309; Pub. L. 98-
    621, Sec. 10(r), Nov. 8, 1984, 98 Stat. 3381.)


-MISC1-
                                AMENDMENTS                            
      1984 - Subsec. (a). Pub. L. 98-621 substituted "any" for "Saint
    Elizabeth Hospital, at any other" after "for such person" in first
    sentence.

                     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.

-End-



-CITE-
    24 USC Sec. 325                                             01/03/2007

-EXPCITE-
    TITLE 24 - HOSPITALS AND ASYLUMS
    CHAPTER 9 - HOSPITALIZATION OF MENTALLY ILL NATIONALS RETURNED FROM
                 FOREIGN COUNTRIES                 

-HEAD-
    Sec. 325. Examination of persons admitted

-STATUTE-
    (a) Time and frequency of examination; discharge
      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
    examined by qualified members of the medical staff of the hospital
    and, unless found to be in need of hospitalization by reason of
    mental illness, shall be discharged. Any person found upon such
    examination to be in need of such hospitalization 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 patient,
    be conditionally released.
    (b) Notice to legal guardian, etc.
      Whenever any person is admitted to a hospital pursuant to this
    chapter, his legal guardian, spouse, or next of kin shall, if
    known, be immediately notified.

-SOURCE-
    (Pub. L. 86-571, Sec. 5, July 5, 1960, 74 Stat. 309.)

-End-



-CITE-
    24 USC Sec. 326                                             01/03/2007

-EXPCITE-
    TITLE 24 - HOSPITALS AND ASYLUMS
    CHAPTER 9 - HOSPITALIZATION OF MENTALLY ILL NATIONALS RETURNED FROM
                 FOREIGN COUNTRIES                 

-HEAD-
    Sec. 326. Release of patient

-STATUTE-
    (a) Request; determination of right to retain; retention after
      request
      If a person who is a patient hospitalized under section 322 or
    324 of this title, or his legal guardian, spouse, or adult next of
    kin, requests the release 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 accordance with such laws
    governing the detention, for care and treatment, of persons alleged
    to be mentally ill as may be in force and applicable generally in
    the State in which such hospital is located, but in no event shall
    the patient be detained more than forty-eight hours (excluding 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 commencement 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 person hospitalized under section 324 of this title
    from one hospital to another, and to that end any judicial
    commitment of any person so hospitalized may be to the Secretary.

-SOURCE-
    (Pub. L. 86-571, Sec. 6, July 5, 1960, 74 Stat. 309.)

-End-



-CITE-
    24 USC Sec. 327                                             01/03/2007

-EXPCITE-
    TITLE 24 - HOSPITALS AND ASYLUMS
    CHAPTER 9 - HOSPITALIZATION OF MENTALLY ILL NATIONALS RETURNED FROM
                 FOREIGN COUNTRIES                 

-HEAD-
    Sec. 327. Notification to committing court of discharge or
      conditional release

-STATUTE-
      In the case of any person hospitalized under section 324 of this
    title who has been judicially committed to the Secretary's custody,
    the Secretary 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
    discharge or conditional release or such transfer and release.

-SOURCE-
    (Pub. L. 86-571, Sec. 7, July 5, 1960, 74 Stat. 310.)

-End-



-CITE-
    24 USC Sec. 328                                             01/03/2007

-EXPCITE-
    TITLE 24 - HOSPITALS AND ASYLUMS
    CHAPTER 9 - HOSPITALIZATION OF MENTALLY ILL NATIONALS RETURNED FROM
                 FOREIGN COUNTRIES                 

-HEAD-
    Sec. 328. Payment for care and treatment

-STATUTE-
    (a) Persons liable; scope of liability; compromise or waiver;
      investigations; judicial proceedings
      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 discretion, where in his
    judgment substantial justice will be best served thereby or the
    probable recovery will not warrant the expense of collection,
    compromise or waive the whole or any portion 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
    hospitalization. All collections or reimbursement on account of the
    costs and charges for the care of the eligible person shall be
    deposited in the Treasury as miscellaneous receipts. Any judicial
    proceedings 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 Department of Health and Human Services, a per diem rate
    prescribed by the Secretary on a basis comparable to that charged
    for any other paying patients 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 contract rate.

-SOURCE-
    (Pub. L. 86-571, Sec. 8, July 5, 1960, 74 Stat. 310; Pub. L. 96-88,
    title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

-CHANGE-
                              CHANGE OF NAME                          
      "Department of Health and Human Services" substituted 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, Education.

-End-



-CITE-
    24 USC Sec. 329                                             01/03/2007

-EXPCITE-
    TITLE 24 - HOSPITALS AND ASYLUMS
    CHAPTER 9 - HOSPITALIZATION OF MENTALLY ILL NATIONALS RETURNED FROM
                 FOREIGN COUNTRIES                 

-HEAD-
    Sec. 329. Availability of appropriations for transportation

-STATUTE-
      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 eligible 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.

-SOURCE-
    (Pub. L. 86-571, Sec. 9, July 5, 1960, 74 Stat. 310.)

-End-