
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC2002]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
           CHAPTER 22--INDIAN HOSPITALS AND HEALTH FACILITIES
 
                 SUBCHAPTER I--MAINTENANCE AND OPERATION
 
Sec. 2002. Transfer of hospitals and facilities to State or 
        private institutions; conditions and restrictions; failure to 
        meet requirements
        
    Whenever the health needs of the Indians can be better met thereby, 
the Secretary of Health and Human Services is authorized in his 
discretion to enter into contracts with any State, Territory, or 
political subdivision thereof, or any private nonprofit corporation, 
agency or institution providing for the transfer by the United States 
Public Health Service of Indian hospitals or health facilities, 
including initial operating equipment and supplies.
    It shall be a condition of such transfer that all facilities 
transferred shall be available to meet the health needs of the Indians 
and that such health needs shall be given priority over those of the 
non-Indian population. No hospital or health facility that has been 
constructed or maintained for a specific tribe of Indians, or for a 
specific group of tribes, shall be transferred by the Secretary of 
Health and Human Services to a non-Indian entity or organization under 
this subchapter unless such action has been approved by the governing 
body of the tribe, or by the governing bodies of a majority of the 
tribes, for which such hospital or health facility has been constructed 
or maintained: Provided, That if, following such transfer by the United 
States Public Health Service, the Secretary of Health and Human Services 
finds the hospital or health facility transferred under this section is 
not thereafter serving the need of the Indians, the Secretary of Health 
and Human Services shall notify those charged with management thereof, 
setting forth needed improvements, and in the event such improvements 
are not made within a time to be specified, shall immediately assume 
management and operation of such hospital or health facility.

(Aug. 5, 1954, ch. 658, Sec. 2, 68 Stat. 674; Pub. L. 96-88, title V, 
Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

                          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. Secretary of Health, Education, and 
Welfare redesignated Secretary of Health and Human Services by section 
509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 
20, Education.
