
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: 42USC249]

 
                 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. 249. Medical care and treatment of quarantined and detained 
        persons
        

(a) Persons entitled to treatment

    Any person when detained in accordance with quarantine laws, or, at 
the request of the Immigration and Naturalization Service, any person 
detained by that Service, may be treated and cared for by the Public 
Health Service.

(b) Temporary treatment in emergency cases

    Persons not entitled to treatment and care at institutions, 
hospitals, and stations of the Service may, in accordance with 
regulations of the Surgeon General, be admitted thereto for temporary 
treatment and care in case of emergency.

(c) Authorization for outside treatment

    Persons whose care and treatment is authorized by subsection (a) of 
this section may, in accordance with regulations, receive such care and 
treatment at the expense of the Service from public or private medical 
or hospital facilities other than those of the Service, when authorized 
by the officer in charge of the station at which the application is 
made.

(July 1, 1944, ch. 373, title III, Sec. 322, 58 Stat. 696; June 25, 
1948, ch. 654, Sec. 3, 62 Stat. 1018; Aug. 8, 1956, ch. 1036, Sec. 3, 70 
Stat. 1120; Pub. L. 88-424, Aug. 13, 1964, 78 Stat. 398; Pub. L. 90-174, 
Sec. 10(c), Dec. 5, 1967, 81 Stat. 541; Pub. L. 97-35, title IX, 
Sec. 986(a), (b)(1), (2), Aug. 13, 1981, 95 Stat. 603.)


                               Amendments

    1981--Subsec. (a). Pub. L. 97-35, Sec. 986(a), (b)(2), redesignated 
subsec. (c) as (a). Former subsec. (a), which related to persons 
entitled to medical, etc., treatment and hospitalization, was struck 
out.
    Subsec. (b). Pub. L. 97-35, Sec. 986(a), (b)(2), redesignated 
subsec. (d) as (b). Former subsec. (b), which related to treatment for 
seamen on foreign-flag vessels, was struck out.
    Subsec. (c). Pub. L. 97-35, Sec. 986(b)(1), (2), redesignated 
subsec. (e) as (c), substituted ``subsection (a)'' for ``subsection 
(c)'', and struck out ``entitled to care and treatment under subsection 
(a) of this section and persons'' after ``Persons''. Former subsec. (c) 
redesignated (a).
    Subsecs. (d), (e). Pub. L. 97-35, Sec. 986(b)(2), redesignated 
subsecs. (d) and (e) as (b) and (c), respectively.
    1967--Subsec. (a)(7). Pub. L. 90-174 substituted provision for 
entitlement to treatment and hospitalization of seamen-trainees, while 
participating in maritime training programs to develop or enhance their 
employability in maritime industry, for provision for such entitlement 
of employees and noncommissioned officers in field service of Public 
Health Service when injured or taken sick in line of duty.
    1964--Subsec. (a)(8). Pub. L. 88-424 added par. (8).
    1948--Subsec. (e). Act June 25, 1948, permitted Service to provide 
for care and treatment of individuals detained in accordance with our 
quarantine laws.


                    Effective Date of 1981 Amendment

    Section 986(c) of Pub. L. 97-35 provided that: ``The amendments and 
repeals made by this section [amending this section and sections 201 and 
254e of this title] shall take effect on October 1, 1981.''

                          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.
    Functions of all other officers of Department of Justice and 
functions of all agencies and employees of such Department transferred, 
with a few exceptions, to Attorney General, with power vested in him to 
authorize their performance or the performance of any of his functions 
by any of such officers, agencies, and employees, by sections 1 and 2 of 
Reorg. Plan No. 2 of 1950, eff. May 24, 1950, 15 F.R. 3173, 64 Stat. 
1261, which were repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 
80 Stat. 662. Immigration and Naturalization Service, referred to in 
this section, is a bureau in Department of Justice.


Continued Care for Merchant Seamen Hospitalized in Public Health Service 
                                Hospitals

    Section 988 of Pub. L. 97-35 provided that:
    ``(a) The Secretary shall provide, by contract or other arrangement 
with a Federal entity and without charge but subject to subsection (b), 
for the continuation of inpatient hospital services (and outpatient 
services related to the condition of hospitalization) to any individual 
who--
        ``(1) on September 30, 1981, is receiving inpatient hospital 
    services at a Public Health Service hospital on the basis of the 
    entitlement contained in section 322(a) of the Public Health Service 
    Act (42 U.S.C. 249(a)), as such section was in effect on such date, 
    for treatment of a condition,
        ``(2) requires continued hospitalization after such date for 
    treatment of that condition (or requires outpatient services related 
    to such condition), and
        ``(3) the Secretary determines has no other source of inpatient 
    hospital services available for continued treatment of that 
    condition.
    ``(b) Services may not be provided under subsection (a) to an 
individual after the earlier of--
        ``(1) September 30, 1982,
        ``(2) the end of the first 60-day consecutive period (beginning 
    after September 30, 1981) during the entire period of which the 
    individual is not an inpatient of a hospital.
    ``(c) Notwithstanding any other provision of law, the head of any 
Federal department or agency which provides, under other authority of 
law and through federal facilities, inpatient hospital services or 
outpatient services, or both, is authorized to provide inpatient 
hospital services (and related outpatient services) to individuals under 
contract or other arrangement with the Secretary pursuant to this 
section.''


                             Foreign Seamen

    Section 810(c), formerly Sec. 710(c), of act July 1, 1944, as 
renumbered by acts Aug. 13, 1946, ch. 958, Sec. 5, 60 Stat. 1049; July 
30, 1956, ch. 779, Sec. 3(b), 70 Stat. 720, which gave foreign seamen 
the same benefits as accorded seamen employed on United States vessels 
under subsec. (a)(1) of this section, was repealed effective Jan. 25, 
1948, by Joint Res. July 25, 1947, ch. 327, Sec. 2(b), 61 Stat. 451.


                            Cross References

    Third party tort liability to United States for hospital and medical 
care, except for treatment of seamen, see section 2651 et seq. of this 
title.

                  Section Referred to in Other Sections

    This section is referred to in sections 238a, 238m, 254e, 2651 of 
this title; title 24 section 168b.
