§ 328 TITLE 24—HOSPITALS AND ASYLUMS Page 30

§ 328. Payment for care and treatment

(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.

(Pub. L. 86–571, §8, July 5, 1960, 74 Stat. 310; Pub.

L. 96–88, title V, §509(b), Oct. 17, 1979, 93 Stat.

695.)

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.

§ 329. Availability of appropriations for transportation

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.

(Pub. L. 86–571, §9, July 5, 1960, 74 Stat. 310.)

CHAPTER 10—ARMED FORCES RETIREMENT

HOME

Sec.

401. Definitions.

Sec.

SUBCHAPTER I—ESTABLISHMENT AND

OPERATION OF RETIREMENT HOME

411. Establishment of Armed Forces Retirement

Home.

(a) Inclusion of existing homes.

(b) Purpose.

(c) Operation.

(d) Property and facilities.

(e) Department of Defense support.

(f) Accreditation.

412. Residents of Retirement Home.

(a) Persons eligible to be residents.

(b) Persons ineligible to be residents.

(c) Acceptance.

(d) Priorities for acceptance.

(e) Effect of departure.

(f) Application of eligibility requirements to current residents of Naval

Home and Soldiers’ and Airmen’s

Home.

413. Services provided residents.

(a) Services provided.

(b) Medical and dental care.

414. Fees paid by residents.

(a) Monthly fees.

(b) Deposit of fees.

(c) Fixing fees.

(d) Application of fees.

415. Composition and operation of Retirement

Home Board.

(a) Establishment.

(b) Members.

(c) Local Boards.

(d) Chairmen.

(e) Terms.

(f) Early expiration of term.

(g) Vacancies.

(h) Compensation.

(i) Meetings.

416. Duties of Retirement Home Board.

(a) Overall operation of Retirement

Home.

(b) Special duties of specific members.

(c) Acquisition of real property.

(d) Limitation on disposal of real property.

(e) Gifts.

(f) Annual report.

417. Directors and staff.

(a) Appointment and qualifications.

(b) Application of civil service laws to

appointment and fixing pay.

(c) Term of Director.

(d) Duties of Directors.

(e) Staff.

(f) Annual evaluation of Directors.

418. Inspection by Inspector General of Department of Defense.

419. Retirement Home Trust Fund.

(a) Establishment.

(b) Availability and use of Fund.

(c) Investments.

(d) Transitional accounts.

420. Disposition of effects of deceased persons; unclaimed property.

(a) Disposition of effects of deceased persons.

(b) Sale of effects.

(c) Transfer of proceeds to Fund.

(d) Subsequent claim.

(e) Unclaimed property.

421. Payment of residents for services.

(a) Authority.

(b) Employment status.

(c) ‘‘Position’’ defined.

422. Authority to accept certain uncompensated

services.

(a) Authority to accept services.