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

Summary

The Secretary of Health and Human Services must keep the Public Health Service hospitals in Seattle, Boston, San Francisco, Galveston, New Orleans, Baltimore, Staten Island, and Norfolk open as PHS hospitals. These hospitals must keep providing inpatient, outpatient, and other health care to all people who were entitled or allowed to get care there on January 1, 1973, and must offer at least the same level and range of services. They must also keep doing health-related work like training and research at no less than the level done on January 1, 1973. The Secretary can close or transfer a hospital, or reduce or change its services or other activities, but any recommendation to Congress to allow that must include written, unqualified approval from each applicable section 314(a) State health planning agency and each applicable section 314(b) areawide health planning agency. A section 314(a) agency is the State agency that runs the State’s health planning under section 314(a). A section 314(b) areawide agency is a public or nonprofit group that makes regional or local health plans under section 314(b).

Title 42, §248a

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

(a)Except as provided in subsection (b), the Secretary of Health and Human Services shall take such action as may be necessary to assure that the hospitals of the Public Health Service, located in Seattle, Washington, Boston, Massachusetts, San Francisco, California, Galveston, Texas, New Orleans, Louisiana, Baltimore, Maryland, Staten Island, New York, and Norfolk, Virginia, shall continue—

(1)in operation as hospitals of the Public Health Service,

(2)to provide for all categories of individuals entitled or authorized to receive care and treatment at hospitals or other stations of the Public Health Service inpatient, outpatient, and other health care services in like manner as such services were provided on January 1, 1973, to such categories of individuals at the hospitals of the Public Health Service referred to in the matter preceding paragraph (1) and at a level and range at least as great as the level and range of such services which were provided (or authorized to be provided) by such hospitals on such date, and

(3)to conduct at such hospitals a level and range of other health-related activities (including training and research activities) which is not less than the level and range of such activities which were being conducted on January 1, 1973, at such hospitals.

(b)(1)The Secretary may—

(A)close or transfer control of a hospital of the Public Health Service to which subsection (a) applies,

(B)reduce the level and range of health care services provided at such a hospital from the level and range required by subsection (a)(2) or change the manner in which such services are provided at such a hospital from the manner required by such subsection, or

(C)reduce the level and range of the other health-related activities conducted at such hospital from the level and range required by subsection (a)(3),

(2)Any recommendation submitted to the Congress for legislation to authorize an action described in paragraph (1) with respect to a hospital of the Public Health Service shall be accompanied by a copy of the written, unqualified approval of the proposed action submitted to the Secretary by each (A) section 314(a) State health planning agency whose section 314(a) plan covers (in whole or in part) the area in which such hospital is located or which is served by such hospital, and (B) section 314(b) areawide health planning agency whose section 314(b) plan covers (in whole or in part) such area.

(3)For purposes of this subsection, the term “section 314(a) State health planning agency” means the agency of a State which administers or supervises the administration of a State’s health planning functions under a State plan approved under section 314(a) of the Public Health Service Act (referred to in paragraph (2) as a “section 314(a) plan”); and the term “section 314(b) areawide health planning agency” means a public or nonprofit private agency or organization which has developed a comprehensive regional, metropolitan, or other local area plan or plans referred to in section 314(b) of that Act (referred to in paragraph (2) as a “section 314(b) plan”).

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 314 of the Public Health Service Act, referred to in subsec. (b)(2), (3), is classified to section 246 of this title. Codification Section was enacted as part of the Department of Defense Appropriation Authorization Act, 1974, and not as part of the Public Health Service Act which comprises this chapter.

Prior Provisions

Provisions similar to those comprising this section were contained in Pub. L. 92–585, § 3, Oct. 27, 1972, 86 Stat. 1292, setting out procedure to be followed in closing or transferring control of hospitals or other health care delivery facilities of Public Health Service, prior to repeal by Pub. L. 93–155, § 818(c).

Statutory Notes and Related Subsidiaries

Change of Name

“Secretary of Health and Human Services” substituted for “Secretary of Health, Education, and Welfare” in subsec. (a) pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education.

§248a Closing or Transfer of Hospitals; Reduction of Services; Congressional Authorization Required