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24 U.S.C. § 321 — Definitions

submitted 66 years ago by Pub. L. 86-571 to r/title-24-HOSPITALS-AND-ASYLUMS · 215 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law defines terms used in this chapter, including Department, Secretary, State, eligible person, and residence, mainly for handling U.S. nationals abroad who need mental health hospitalization. An 'eligible person' is someone confirmed as a U.S. national who is certified as insane or in need of mental hospital care while in a foreign country.

This section defines terms used in this chapter, unless the context requires otherwise.

(a) "Department" means the Department of Health and Human Services. (b) "Secretary" means the Secretary of Health and Human Services. (c) "State" means a state or territory of the United States, Puerto Rico, or the District of Columbia.

(d) "Eligible person" means someone for whom the Secretary receives two kinds of certificates. First, a certificate from the Secretary of State confirming the person is a U.S. national. Second, either: a certificate the Secretary of State obtains or passes along, showing the person has been legally declared insane in a named foreign country; or a certificate from an appropriate authority (as defined in the Secretary of Health and Human Services' regulations) stating that at the time of certification, the person was in a named foreign country and needed care and treatment in a mental hospital.

(e) "Residence" means residence as defined under the relevant state or local law or rules, used to decide whether someone qualifies for hospitalization in a public mental hospital.

the actual law source: uscode.house.gov ↗public domain

For the purposes of this chapter except as the context may otherwise require—

(a)

The term “Department” means the Department of Health and Human Services.

(b)

The term “Secretary” means the Secretary of Health and Human Services.

(c)

The term “State” means a State or Territory of the United States, the Commonwealth of Puerto Rico, or the District of Columbia.

(d)

The term “eligible person” means an individual with respect to whom the following certificates are furnished to the Secretary:

(1)

A certificate of the Secretary of State that such individual is a national of the United States; and

(2)

Either (A) a certificate obtained or transmitted by the Secretary of State that such individual has been legally adjudged insane in a named foreign country, or (B) a certificate of an appropriate authority or person (as determined in accordance with regulations prescribed by the Secretary of Health and Human Services) stating that at the time of such certification such individual was in a named foreign country and was in need of care and treatment in a mental hospital.

(e)

The term “residence” means residence as determined under the applicable law or regulations of a State or political subdivision for the purpose of determining the eligibility of an individual for hospitalization in a public mental hospital.

Source credit: (Pub. L. 86–571, § 1, July 5, 1960, 74 Stat. 308; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.)

history & why it existsrecord from the source credit
  • 1960Enacted · Pub. L. 86-571 · 74 Stat. 308
  • 1979Amended · Pub. L. 96-88 · 93 Stat. 695

A history note hasn’t been published yet. The record shows enactment by Pub. L. 86-571 on 1960-07-05.

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