
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: 42USC248a]

 
                 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. 248a. Closing or transfer of hospitals; reduction of 
        services; Congressional authorization required
        
    (a) Except as provided in subsection (b) of this section, 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) of this section 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) of this section 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) of this section,

if Congress by law (enacted after November 16, 1973) specifically 
authorizes such action.
    (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'').

(Pub. L. 93-155, title VIII, Sec. 818(a), (b), Nov. 16, 1973, 87 Stat. 
622; Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

                       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, Sec. 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, Sec. 818(c).

                         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.

                  Section Referred to in Other Sections

    This section is referred to in section 248b of this title.
