§248 — Title 42 The Public Health and Welfare | U.S. Code

Summary

The Surgeon General must, under rules, run and maintain all Public Health Service hospitals and stations. That includes repairs, patient care and hospital stays, providing prosthetic and orthopedic devices, and—if the President agrees—choosing and opening new sites when needed. The Surgeon General must also arrange and pay for patient transfers between hospitals when needed. The Surgeon General must decide what to do with items patients make while being treated—either let the patient keep them or sell them and put the money into the same government fund that bought the materials. The Surgeon General must handle money and belongings of patients who die in custody, and if no other public or private funds exist, must pay to prepare and move remains or cover reasonable burial costs.

Title 42, §248

The Public Health and Welfare — Source: USLM XML via OLRC

The Surgeon General, pursuant to regulations, shall—

(a)Control, manage, and operate all institutions, hospitals, and stations of the Service, including minor repairs and maintenance, and provide for the care, treatment, and hospitalization of patients, including the furnishing of prosthetic and orthopedic devices; and from time to time, with the approval of the President, select suitable sites for and establish such additional institutions, hospitals, and stations in the States and possessions of the United States as in his judgment are necessary to enable the Service to discharge its functions and duties;

(b)Provide for the transfer of Public Health Service patients, in the care of attendants where necessary, between hospitals and stations operated by the Service or between such hospitals and stations and other hospitals and stations in which Public Health Service patients may be received, and the payment of expenses of such transfer;

(c)Provide for the disposal of articles produced by patients in the course of their curative treatment, either by allowing the patient to retain such articles or by selling them and depositing the money received therefor to the credit of the appropriation from which the materials for making the articles were purchased;

(d)Provide for the disposal of money and effects, in the custody of the hospitals or stations, of deceased patients; and

(e)Provide, to the extent the Surgeon General determines that other public or private funds are not available therefor, for the payment of expenses of preparing and transporting the remains of, or the payment of reasonable burial expenses for, any patient dying in a hospital or station.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1978—Subsec. (a). Pub. L. 95–622 struck out “, and tobacco” after “orthopedic devices”. 1948—Subsec. (a). Act

June 25, 1948, § 2(a), amended subsec. (a) generally, continuing authority of Service to furnish tobacco to patients being treated by it. Subsec. (e). Act

June 25, 1948, § 2(b), added subsec. (e).

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.

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. Delegation of Functions Functions of President delegated to Secretary of Health and Human Services, see Ex. Ord. No. 11140, Jan. 30, 1964, 29 F.R. 1637, as amended, set out as a note under section 202 of this title.

§248 Control and Management of Hospitals; Furnishing Prosthetic and Orthopedic Devices; Transfer of Patients; Disposal of Articles Produced by Patients; Disposal of Money and Effects of Deceased Patients; Payment of Burial Expenses