§ 321 TITLE 24—HOSPITALS AND ASYLUMS Page 28

CHAPTER 9—HOSPITALIZATION OF MENTALLY ILL NATIONALS RETURNED FROM

FOREIGN COUNTRIES

Sec.

321. Definitions.

322. Reception of eligible persons at ports of entry

or debarkation.

(a) Arrangements for care, treatment,

and assistance.

(b) Payment or reimbursement for care,

treatment, or assistance.

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.

(a) Place of hospitalization.

(b) Ineligible persons.

325. Examination of persons admitted.

(a) Time and frequency of examination;

discharge.

(b) Notice to legal guardian, etc.

326. Release of patient.

(a) Request; determination of right to retain; retention after request.

(b) Transfer to another hospital.

327. Notification to committing court of discharge

or conditional release.

328. Payment for care and treatment.

(a) Persons liable; scope of liability; compromise or waiver; investigations;

judicial proceedings.

(b) ‘‘Costs or charges’’ defined.

329. Availability of appropriations for transportation.

§ 321. Definitions

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.

(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.)

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.

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].’’

§ 322. Reception of eligible persons at ports of

entry or debarkation

(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.

(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.)

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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 323, 324, 325, 326

of this title.

§ 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 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