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42 U.S.C. § 248aClosing or transfer of hospitals; reduction of services; Congressional authorization required

submitted 53 years ago by Pub. L. 93-155 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 523 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary must keep eight named Public Health Service hospitals open and running services at least at their 1973 levels. The Secretary can only close, shrink, or transfer one of these hospitals if a later law from Congress specifically allows it, backed by state and local health-planning agency approval.

(a) Except as (b) allows, the Secretary must make sure the Public Health Service hospitals in Seattle, Boston, San Francisco, Galveston, New Orleans, Baltimore, Staten Island, and Norfolk keep: (1) operating as Public Health Service hospitals; (2) giving all eligible people inpatient, outpatient, and other care in the same way, and at least at the same level and range, as they got on January 1, 1973; and (3) running other health-related activities, including training and research, at a level and range at least as great as on that same date. (b)(1) The Secretary may close a hospital, transfer control of it, reduce or change its care under (a)(2), or reduce its other activities under (a)(3) — but only if Congress passes a law after November 16, 1973 specifically authorizing that action. (2) Any recommendation to Congress for such a law must come with written, unqualified approval of the plan from the state health-planning agency (under section 314(a)) and the areawide health-planning agency (under section 314(b)) covering the hospital's area. (3) This paragraph defines "section 314(a) State health planning agency" as the state agency running the state's health-planning functions under an approved 314(a) plan, and "section 314(b) areawide health planning agency" as the public or nonprofit group with an approved regional or local 314(b) plan.
the actual law source: uscode.house.gov ↗public domain
(a)

Except as provided in subsection (b), 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) 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) 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),

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”).

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

history & why it existsrecord from the source credit
  • 1973Enacted · Pub. L. 93-155 · 87 Stat. 622
  • 1979Amended · Pub. L. 96-88 · 93 Stat. 695

A history note hasn’t been published yet. The record shows enactment by Pub. L. 93-155 on 1973-11-16.

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