PRIA, Government Policy, Made Personal

Summary

Sets the meanings of key words used in the chapter. Department means the Department of Health and Human Services, and Secretary means its Secretary. State means any U.S. State or Territory, the Commonwealth of Puerto Rico, or the District of Columbia. Eligible person means someone for whom the Secretary gets a Secretary of State certificate that they are a U.S. national and either a Secretary of State certificate showing legal adjudication of insanity in a named foreign country or, under HHS rules, a certificate from an appropriate authority that they were in a named foreign country and needed care in a mental hospital. Residence means where state or local law says a person lives for purposes of qualifying for hospitalization in a public mental hospital.

Title 24, §321

Hospitals and Asylums, Source: USLM XML via OLRC

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.

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

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

Pub. L. 86–571, § 11,

July 5, 1960, 74 Stat. 310, provided that: “This Act [enacting this chapter and repealing section 191a and 196a of this title] shall, except as otherwise specified, take effect on the date of its enactment [

July 5, 1960].”

§321 Definitions