
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC247e]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
                SUBCHAPTER II--GENERAL POWERS AND DUTIES
 
        Part C--Hospitals, Medical Examinations, and Medical Care
 
Sec. 247e. Gillis W. Long Hansen's Disease Center


(a) Care and treatment

    (1) At or through the Gillis W. Long Hansen's Disease Center 
(located in the State of Louisiana), the Secretary shall without charge 
provide short-term care and treatment, including outpatient care, for 
Hansen's disease and related complications to any person determined by 
the Secretary to be in need of such care and treatment. The Secretary 
may not at or through such Center provide long-term care for any such 
disease or complication.
    (2) The Center referred to in paragraph (1) shall conduct training 
in the diagnosis and management of Hansen's disease and related 
complications, and shall conduct and promote the coordination of 
research (including clinical research), investigations, demonstrations, 
and studies relating to the causes, diagnosis, treatment, control, and 
prevention of Hansen's disease and other mycobacterial diseases and 
complications related to such diseases.
    (3) Paragraph (1) is subject to section 211 of the Department of 
Health and Human Services Appropriations Act, 1998.

(b) Additional sites authorized

    In addition to the Center referred to in subsection (a) of this 
section, the Secretary may establish sites regarding persons with 
Hansen's disease. Each such site shall provide for the outpatient care 
and treatment for Hansen's disease and related complications to any 
person determined by the Secretary to be in need of such care and 
treatment.

(c) Agency designated by Secretary

    The Secretary shall carry out subsections (a) and (b) of this 
section acting through an agency of the Service. For purposes of the 
preceding sentence, the agency designated by the Secretary shall carry 
out both activities relating to the provision of health services and 
activities relating to the conduct of research.

(d) Payments to Board of Health of Hawaii

    The Secretary shall make payments to the Board of Health of the 
State of Hawaii for the care and treatment (including outpatient care) 
in its facilities of persons suffering from Hansen's disease at a rate 
determined by the Secretary. The rate shall be approximately equal to 
the operating cost per patient of such facilities, except that the rate 
may not exceed the comparable costs per patient with Hansen's disease 
for care and treatment provided by the Center referred to in subsection 
(a) of this section. Payments under this subsection are subject to the 
availability of appropriations for such purpose.

(July 1, 1944, ch. 373, title III, Sec. 320, formerly Sec. 331, 58 Stat. 
698; June 25, 1948, ch. 654, Sec. 4, 62 Stat. 1018; June 25, 1952, ch. 
460, 66 Stat. 157; Pub. L. 86-624, Sec. 29(b), July 12, 1960, 74 Stat. 
419; renumbered Sec. 339, Pub. L. 94-484, title IV, Sec. 407(b)(2), Oct. 
12, 1976, 90 Stat. 2268; renumbered Sec. 320, and amended Pub. L. 95-
626, title I, Sec. 105(a), Nov. 10, 1978, 92 Stat. 3560; Pub. L. 96-32, 
Sec. 7(b), July 10, 1979, 93 Stat. 84; Pub. L. 99-117, Sec. 2(a), Oct. 
7, 1985, 99 Stat. 491; Pub. L. 105-78, title II, Sec. 211(h), Nov. 13, 
1997, 111 Stat. 1494.)

                       References in Text

    Section 211 of the Department of Health and Human Services 
Appropriations Act, 1998, referred to in subsec. (a)(3), is section 211 
of Pub. L. 105-78, which enacted this section and provisions set out as 
notes below.

                          Codification

    Section was classified to section 255 of this title prior to its 
renumbering by Pub. L. 95-626.


                               Amendments

    1997--Pub. L. 105-78 amended section catchline and text generally, 
substituting present provisions for former provisions which related to: 
in subsec. (a), care and treatment; and in subsec. (b), payments to 
Board of Health of Hawaii.
    1985--Pub. L. 99-117 substituted ``Hansen's disease program'' for 
``Receipt, apprehension, detention, treatment, and release of lepers'' 
in section catchline.
    Subsec. (a). Pub. L. 99-117 amended subsec. (a) generally. Prior to 
amendment, subsec. (a) read as follows: ``The Service shall, in 
accordance with regulations, receive into any hospital of the Service 
suitable for his accommodation any person afflicted with leprosy who 
presents himself for care, detention, or treatment, or who may be 
apprehended under subsection (b) of this section or section 264 of this 
title, and any person afflicted with leprosy duly consigned to the care 
of the Service by the proper health authority of any State. The Surgeon 
General is authorized, upon the request of any health authority, to send 
for any person within the jurisdiction of such authority who is 
afflicted with leprosy and to convey such person to the appropriate 
hospital for detention and treatment. When the transportation of any 
such person is undertaken for the protection of the public health the 
expense of such removal shall be met from funds available for the 
maintenance of hospitals of the Service. Such funds shall also be 
available, subject to regulations, for transportation of recovered 
indigent leper patients to their homes, including subsistence allowance 
while traveling. When so provided in appropriations available for any 
fiscal year for the maintenance of hospitals of the Service, the Surgeon 
General is authorized and directed to make payments to the Board of 
Health of Hawaii for the care and treatment in its facilities of persons 
afflicted with leprosy at a per diem rate, determined from time to time 
by the Surgeon General, which shall, subject to the availability of 
appropriations, be approximately equal to the per diem operating cost 
per patient of such facilities, except that such per diem rate shall not 
be greater than the comparable per diem operating cost per patient at 
the National Leprosarium, Carville, Louisiana.''
    Subsec. (b). Pub. L. 99-117 amended subsec. (b) generally. Prior to 
amendment, subsec. (b) read as follows: ``The Surgeon General may 
provide by regulation for the apprehension, detention, treatment, and 
release of persons being treated by the Service for leprosy.''
    1979--Subsec. (a). Pub. L. 96-32 substituted ``apprehended under 
subsection (b) of this section or section 264 of this title'' for 
``apprehended under section 256 or 264 of this title''.
    1978--Pub. L. 95-626 designated existing provisions as subsec. (a) 
and added subsec. (b).
    1960--Pub. L. 86-624 struck out ``, Territory, or the District of 
Columbia'' after ``proper health authority of any State'', and 
substituted ``Board of Health of Hawaii'' for ``Board of Health of the 
Territory of Hawaii''.
    1952--Act June 25, 1952, provided for payments to Hawaiian Board of 
Health for expenditures made by them in care and treatment of patients.
    1948--Act June 25, 1948, authorized payment of travel expenses of 
indigent leper patients.


                    Effective Date of 1960 Amendment

    Amendment by Pub. L. 86-624 effective Aug. 21, 1959, see section 
47(f) of Pub. L. 86-624, set out as a note under section 201 of this 
title.


          Relocation of Gillis W. Long Hansen's Disease Center

    Section 211(a)-(g) of Pub. L. 105-78 provided that:
    ``(a) The Secretary of Health and Human Services may in accordance 
with this section provide for the relocation of the Federal facility 
known as the Gillis W. Long Hansen's Disease Center (located in the 
vicinity of Carville, in the State of Louisiana), including the 
relocation of the patients of the Center.
    ``(b)(1) Subject to paragraph (2), in relocating the Center the 
Secretary may on behalf of the United States transfer to the State of 
Louisiana, without charge, title to the real property and improvements 
that as of the date of the enactment of this Act [Nov. 13, 1997] 
constitute the Center. Such real property is a parcel consisting of 
approximately 330 acres. The exact acreage and legal description used 
for purposes of the transfer shall be in accordance with a survey 
satisfactory to the Secretary.
    ``(2) Any conveyance under paragraph (1) is not effective unless the 
deed or other instrument of conveyance contains the conditions specified 
in subsection (d); the instrument specifies that the United States and 
the State of Louisiana agree to such conditions; and the instrument 
specifies that, if the State engages in a material breach of the 
conditions, title to the real property and improvements involved reverts 
to the United States at the election of the Secretary.
    ``(c)(1) With respect to Federal equipment and other items of 
Federal personal property that are in use at the Center as of the date 
of the enactment of this Act [Nov. 13, 1997], the Secretary may, subject 
to paragraph (2), transfer to the State such items as the Secretary 
determines to be appropriate, if the Secretary makes the transfer under 
subsection (b).
    ``(2) A transfer of equipment or other items may be made under 
paragraph (1) only if the State agrees that, during the 30-year period 
beginning on the date on which the transfer under subsection (b) is 
made, the items will be used exclusively for purposes that promote the 
health or education of the public, except that the Secretary may 
authorize such exceptions as the Secretary determines to be appropriate.
    ``(d) For purposes of subsection (b)(2), the conditions specified in 
this subsection with respect to a transfer of title are the following:
        ``(1) During the 30-year period beginning on the date on which 
    the transfer is made, the real property and improvements referred to 
    in subsection (b)(1) (referred to in this subsection as the 
    `transferred property') will be used exclusively for purposes that 
    promote the health or education of the public, with such incidental 
    exceptions as the Secretary may approve.
        ``(2) For purposes of monitoring the extent to which the 
    transferred property is being used in accordance with paragraph (1), 
    the Secretary will have access to such documents as the Secretary 
    determines to be necessary, and the Secretary may require the 
    advance approval of the Secretary for such contracts, conveyances of 
    real or personal property, or other transactions as the Secretary 
    determines to be necessary.
        ``(3) The relocation of patients from the transferred property 
    will be completed not later than 3 years after the date on which the 
    transfer is made, except to the extent the Secretary determines that 
    relocating particular patients is not feasible. During the period of 
    relocation, the Secretary will have unrestricted access to the 
    transferred property, and after such period will have such access as 
    may be necessary with respect to the patients who pursuant to the 
    preceding sentence are not relocated.
        ``(4)(A) With respect to projects to make repairs and energy-
    related improvements at the transferred property, the Secretary will 
    provide for the completion of all such projects for which contracts 
    have been awarded and appropriations have been made as of the date 
    on which the transfer is made.
        ``(B) If upon completion of the projects referred to in 
    subparagraph (A) there are any unobligated balances of amounts 
    appropriated for the projects, and the sum of such balances is in 
    excess of $100,000--
            ``(i) the Secretary will transfer the amount of such excess 
        to the State; and
            ``(ii) the State will expend such amount for the purposes 
        referred to in paragraph (1), which may include the renovation 
        of facilities at the transferred property.
        ``(5)(A) The State will maintain the cemetery located on the 
    transferred property, will permit individuals who were long-term-
    care patients of the Center to be buried at the cemetery, and will 
    permit members of the public to visit the cemetery.
        ``(B) The State will permit the Center to maintain a museum on 
    the transferred property, and will permit members of the public to 
    visit the museum.
        ``(C) In the case of any waste products stored at the 
    transferred property as of the date of the transfer, the Federal 
    Government will after the transfer retain title to and 
    responsibility for the products, and the State will not require that 
    the Federal Government remove the products from the transferred 
    property.
        ``(6) In the case of each individual who as of the date of the 
    enactment of this Act [Nov. 13, 1997] is a Federal employee at the 
    transferred property with facilities management or dietary duties:
            ``(A) The State will offer the individual an employment 
        position with the State, the position with the State will have 
        duties similar to the duties the individual performed in his or 
        her most recent position at the transferred property, and the 
        position with the State will provide compensation and benefits 
        that are similar to the compensation and benefits provided for 
        such most recent position, subject to the concurrence of the 
        Governor of the State.
            ``(B) If the individual becomes an employee of the State 
        pursuant to subparagraph (A), the State will make payments in 
        accordance with subsection (e)(2)(B) (relating to disability), 
        as applicable with respect to the individual.
        ``(7) The Federal Government may, consistent with the intended 
    uses by the State of the transferred property, carry out at such 
    property activities regarding at-risk youth.
        ``(8) Such additional conditions as the Secretary determines to 
    be necessary to protect the interests of the United States.
    ``(e)(1) This subsection applies if the transfer under subsection 
(b) is made.
    ``(2) In the case of each individual who as of the date of the 
enactment of this Act [Nov. 13, 1997] is a Federal employee at the 
Center with facilities management or dietary duties, and who becomes an 
employee of the State pursuant to subsection (d)(6)(A):
        ``(A) The provisions of subchapter III of chapter 83 of title 5, 
    United States Code, or of chapter 84 of such title, whichever are 
    applicable, that relate to disability shall be considered to remain 
    in effect with respect to the individual (subject to subparagraph 
    (C)) until the earlier of--
            ``(i) the expiration of the 2-year period beginning on the 
        date on which the transfer under subsection (b) is made; or
            ``(ii) the date on which the individual first meets all 
        conditions for coverage under a State program for payments 
        during retirement by reason of disability.
        ``(B) The payments to be made by the State pursuant to 
    subsection (d)(6)(B) with respect to the individual are payments to 
    the Civil Service Retirement and Disability Fund, if the individual 
    is receiving Federal disability coverage pursuant to subparagraph 
    (A). Such payments are to be made in a total amount equal to that 
    portion of the normal-cost percentage (determined through the use of 
    dynamic assumptions) of the basic pay of the individual that is 
    allocable to such coverage and is paid for service performed during 
    the period for which such coverage is in effect. Such amount is to 
    be determined in accordance with chapter 84 of such title 5, is to 
    be paid at such time and in such manner as mutually agreed by the 
    State and the Office of Personnel Management, and is in lieu of 
    individual or agency contributions otherwise required.
        ``(C) In the determination pursuant to subparagraph (A) of 
    whether the individual is eligible for Federal disability coverage 
    (during the applicable period of time under such subparagraph), 
    service as an employee of the State after the date of the transfer 
    under subsection (b) shall be counted toward the service requirement 
    specified in the first sentence of section 8337(a) or 8451(a)(1)(A) 
    of such title 5 (whichever is applicable).
    ``(3) In the case of each individual who as of the date of the 
enactment of this Act is a Federal employee with a position at the 
Center and is, for duty at the Center, receiving the pay differential 
under section 208(e) of the Public Health Service Act [section 210(e) of 
this title] or under section 5545(d) of title 5, United States Code:
        ``(A) If as of the date of the transfer under subsection (b) the 
    individual is eligible for an annuity under section 8336 or 8412 of 
    title 5, United States Code, then once the individual separates from 
    the service and thereby becomes entitled to receive the annuity, the 
    pay differential shall be included in the computation of the annuity 
    if the individual separated from the service not later than the 
    expiration of the 90-day period beginning on the date of the 
    transfer.
        ``(B) If the individual is not eligible for such an annuity as 
    of the date of the transfer under subsection (b) but subsequently 
    does become eligible, then once the individual separates from the 
    service and thereby becomes entitled to receive the annuity, the pay 
    differential shall be included in the computation of the annuity if 
    the individual separated from the service not later than the 
    expiration of the 90-day period beginning on the date on which the 
    individual first became eligible for the annuity.
        ``(C) For purposes of this paragraph, the individual is eligible 
    for the annuity if the individual meets all conditions under such 
    section 8336 or 8412 to be entitled to the annuity, except the 
    condition that the individual be separated from the service.
    ``(4) With respect to individuals who as of the date of the 
enactment of this Act are Federal employees with positions at the Center 
and are not, for duty at the center, receiving the pay differential 
under section 208(e) of the Public Health Service Act [section 210(e) of 
this title] or under section 5545(d) of title 5, United States Code:
        ``(A) During the calendar years 1997 and 1998, the Secretary may 
    in accordance with this paragraph provide to any such individual a 
    voluntary separation incentive payment. The purpose of such payments 
    is to avoid or minimize the need for involuntary separations under a 
    reduction in force with respect to the Center.
        ``(B) During calendar year 1997, any payment under subparagraph 
    (A) shall be made under section 663 of the Treasury, Postal Service, 
    and General Government Appropriations Act, 1997 (as contained in 
    section 101(f) of division A of Public Law 104-208) [5 U.S.C. 5597 
    note], except that, for purposes of this subparagraph, subsection 
    (b) of such section 663 does not apply.
        ``(C) During calendar year 1998, such section 663 applies with 
    respect to payments under subparagraph (A) to the same extent and in 
    the same manner as such section applied with respect to the payments 
    during fiscal year 1997, and for purposes of this subparagraph, the 
    reference in subsection (c)(2)(D) of such section 663 to December 
    31, 1997, is deemed to be a reference to December 31, 1998.
    ``(f) The following provisions apply if under subsection (a) the 
Secretary makes the decision to relocate the Center:
        ``(1) The site to which the Center is relocated shall be in the 
    vicinity of Baton Rouge, in the State of Louisiana.
        ``(2) The facility involved shall continue to be designated as 
    the Gillis W. Long Hansen's Disease Center.
        ``(3) The Secretary shall make reasonable efforts to inform the 
    patients of the Center with respect to the planning and carrying out 
    of the relocation.
        ``(4) In the case of each individual who as of October 1, 1996, 
    was a patient of the Center and is considered by the Director of the 
    Center to be a long-term-care patient (referred to in this 
    subsection as an `eligible patient'), the Secretary shall continue 
    to provide for the long-term care of the eligible patient, without 
    charge, for the remainder of the life of the patient.
        ``(5)(A) For purposes of paragraph (4), an eligible patient who 
    is legally competent has the following options with respect to 
    support and maintenance and other nonmedical expenses:
            ``(i) For the remainder of his or her life, the patient may 
        reside at the Center.
            ``(ii) For the remainder of his or her life, the patient may 
        receive payments each year at an annual rate of $33,000 
        (adjusted in accordance with subparagraphs (C) and (D)), and may 
        not reside at the Center. Payments under this clause are in 
        complete discharge of the obligation of the Federal Government 
        under paragraph (4) for support and maintenance and other 
        nonmedical expenses of the patient.
        ``(B) The choice by an eligible patient of the option under 
    clause (i) of subparagraph (A) may at any time be revoked by the 
    patient, and the patient may instead choose the option under clause 
    (ii) of such subparagraph. The choice by an eligible patient of the 
    option under such clause (ii) is irrevocable.
        ``(C) Payments under subparagraph (A)(ii) shall be made on a 
    monthly basis, and shall be pro rated as applicable. In 1999 and 
    each subsequent year, the monthly amount of such payments shall be 
    increased by a percentage equal to any percentage increase taking 
    effect under section 215(i) of the Social Security Act [section 
    415(i) of this title] (relating to a cost-of-living increase) for 
    benefits under title II of such Act [section 401 et seq. of this 
    title] (relating to Federal old-age, survivors, and disability 
    insurance benefits). Any such percentage increase in monthly 
    payments under subparagraph (A)(ii) shall take effect in the same 
    month as the percentage increase under such section 215(i) takes 
    effect.
        ``(D) With respect to the provision of outpatient and inpatient 
    medical care for Hansen's disease and related complications to an 
    eligible patient:
            ``(i) The choice the patient makes under subparagraph (A) 
        does not affect the responsibility of the Secretary for 
        providing to the patient such care at or through the Center.
            ``(ii) If the patient chooses the option under subparagraph 
        (A)(ii) and receives inpatient care at or through the Center, 
        the Secretary may reduce the amount of payments under such 
        subparagraph, except to the extent that reimbursement for the 
        expenses of such care is available to the provider of the care 
        through the program under title XVIII of the Social Security Act 
        [section 1395 et seq. of this title] or the program under title 
        XIX of such Act [section 1396 et seq. of this title]. Any such 
        reduction shall be made on the basis of the number of days for 
        which the patient received the inpatient care.
        ``(6) The Secretary shall provide to each eligible patient such 
    information and time as may be necessary for the patient to make an 
    informed decision regarding the options under paragraph (5)(A).
        ``(7) After the date of the enactment of this Act [Nov. 13, 
    1997], the Center may not provide long-term care for any individual 
    who as of such date was not receiving such care as a patient of the 
    Center.
        ``(8) If upon completion of the projects referred to in 
    subsection (d)(4)(A) there are unobligated balances of amounts 
    appropriated for the projects, such balances are available to the 
    Secretary for expenses relating to the relocation of the Center, 
    except that, if the sum of such balances is in excess of $100,000, 
    such excess is available to the State in accordance with subsection 
    (d)(4)(B). The amounts available to the Secretary pursuant to the 
    preceding sentence are available until expended.
    ``(g) For purposes of this section:
        ``(1) The term `Center' means the Gillis W. Long Hansen's 
    Disease Center.
        ``(2) The term `Secretary' means the Secretary of Health and 
    Human Services.
        ``(3) The term `State' means the State of Louisiana.''

                  Section Referred to in Other Sections

    This section is referred to in section 254e of this title.
