Title 42 — The Public Health and WelfareRelease 119-73
§249 Medical care and treatment of quarantined and detained persons
Title 42 › Chapter CHAPTER 6A— - PUBLIC HEALTH SERVICE › Subchapter SUBCHAPTER II— - GENERAL POWERS AND DUTIES › Part Part C— - Hospitals, Medical Examinations, and Medical Care › § 249
Summary
People detained under quarantine, or held at the immigration agency's request, may be treated by the Public Health Service. Under Surgeon General rules, others can be admitted temporarily in an emergency, and eligible detainees may get care at outside hospitals paid for by the Service if the local officer agrees.
Full Legal Text
Title 42, §249
The Public Health and Welfare — Source: USLM XML via OLRC
(a)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)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)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.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Amendments
1981—Subsec. (a). Pub. L. 97–35, § 986(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. Subsec. (b). Pub. L. 97–35, § 986(a), (b)(2), redesignated subsec. (d) as (b). Former subsec. (b), which related to treatment for seamen on foreign-flag vessels, was struck out. Subsec. (c). Pub. L. 97–35, § 986(b)(1), (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). Subsecs. (d), (e). Pub. L. 97–35, § 986(b)(2), redesignated subsecs. (d) and (e) as (b) and (c), respectively. 1967—Subsec. (a)(7). Pub. L. 90–174 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. 1964—Subsec. (a)(8). Pub. L. 88–424 added par. (8). 1948—Subsec. (e). Act June 25, 1948, 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
“Secretary of Health and Human Services” substituted 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.
Effective Date
of 1981 Amendment Pub. L. 97–35, title IX, § 986(c), Aug. 13, 1981, 95 Stat. 603, provided that: “The
Amendments
and
Repeals
made by this section [amending this section and section 201 and 254e of this title] shall take effect on October 1, 1981.” Abolition of Immigration and Naturalization Service and
Transfer of Functions
For abolition of Immigration and Naturalization Service,
Transfer of Functions
, and treatment of related references, see note set out under section 1551 of Title 8, Aliens and Nationality. Continued Care for Merchant Seamen Hospitalized in Public Health Service Hospitals Pub. L. 97–35, title IX, § 988, Aug. 13, 1981, 95 Stat. 604, provided that: “(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) on
September 30, 1981, 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 (42 U.S.C. 249(a)), 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) the end of the first 60-day consecutive period (beginning after
September 30, 1981) 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.” Foreign Seamen section 810(c), formerly § 710(c), of act
July 1, 1944, as renumbered by acts Aug. 13, 1946, ch. 958, § 5, 60 Stat. 1049;
July 30, 1956, ch. 779, § 3(b), 70 Stat. 721, 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 Jan. 25, 1948, by Joint Res.
July 25, 1947, ch. 327, § 2(b), 61 Stat. 451.
Executive Documents
Transfer of Functions
Functions 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.
June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, set out as a note under section 202 of this title. Functions 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 section 1 and 2 of Reorg. Plan No. 2 of 1950, eff.
May 24, 1950, 15 F.R. 3173, 64 Stat. 1261, which were repealed by Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 662. Immigration and Naturalization Service, referred to in this section, was a bureau in Department of Justice.
Reference
Citations & Metadata
Citation
42 U.S.C. § 249
Title 42 — The Public Health and Welfare
Last Updated
Apr 6, 2026
Release point: 119-73