ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

42 U.S.C. § 248bTransfer or financial self-sufficiency of public health service hospitals and clinics

submitted 45 years ago by Pub. L. 97-35 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 643 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary must close, transfer, or make self-sufficient every Public Health Service hospital by 1982. The Secretary reviews transfer proposals and closes any hospital whose plan fails or gets no proposal. A hospital that depends on federal appropriations can't count as financially self-sufficient.

(a) Deadline for closure, transfer, or financial self-sufficiency: The Secretary of Health and Human Services (called "the Secretary") must make sure every hospital and station run by the Public Health Service (called "the Service") is closed, transferred to someone else, or made financially self-sufficient. This must happen by September 30, 1982. This rule applies even though section 248a of this title says something different. (b) Proposals for transfer or financial self-sufficiency: By July 1, 1981, the Secretary must tell each Service hospital and station — and the top official of each state and locality where it sits — that the Secretary will accept proposals. A proposal can suggest transferring the hospital to a public or nonprofit private group, or making it financially self-sufficient, by September 30, 1982. The Secretary will not look at any proposal submitted after September 1, 1981. (c) Evaluation of proposals: The Secretary must quickly review each proposal and decide, by September 30, 1981, whether the hospital or station would: (1) stay open as a general health facility serving its area; (2) keep serving the patients it already has; and (3) have a reasonable chance of financial viability — or, if it isn't being transferred, of full financial self-sufficiency. Rule (1) does not apply if the proposal is to transfer a small, separate part of a hospital to a local public entity just to keep serving refugees. (d) Rejection or approval of proposal: (1) If a proposal fails these standards, or no proposal was submitted, the Secretary must close the hospital or station by October 31, 1981. (2) If a proposal meets the standards, the Secretary — using available appropriated funds — must take the steps necessary to: (A) keep running the hospital through the Service until the transfer happens or it becomes self-sufficient; (B) bring the hospital up to the licensing, accreditation, and local medical practice standards it needs; and (C) make legal, administrative, personnel, and financial arrangements — including letting payment for its services go straight to the hospital — needed for an orderly transfer (including its land, buildings, and equipment) or to reach self-sufficiency, by September 30, 1982. (e) Establishment of identifiable administrative unit: The law creates a specific unit inside the Office of the Assistant Secretary for Health, within the Department of Health and Human Services. This unit is directly responsible for overseeing everything this section requires. (f) Finding of financial self-sufficiency: A hospital or station is not "financially self-sufficient" if it still relies, even partly, on direct appropriated government funds to keep running.
the actual law source: uscode.house.gov ↗public domain
(a) Deadline for closure, transfer, or financial self-sufficiency

The Secretary of Health and Human Services (hereinafter in this subtitle referred to as the “Secretary”) shall, in accordance with this section and notwithstanding section 248a of this title, provide for the closure, transfer, or financial self-sufficiency of all hospitals and other stations of the Public Health Service (hereinafter in this subtitle referred to as the “Service”) not later than September 30, 1982.

(b) Proposals for transfer or financial self-sufficiency

Not later than July 1, 1981, the Secretary shall notify each Service hospital and other station, and the chief executive officer of each State and of each locality in which such a hospital or other station is located, that the Secretary will accept proposals for the transfer of each such hospital and station from the Service to a public (including Federal) or nonprofit private entity or for the achievement of financial self-sufficiency of each such hospital and station not later than September 30, 1982. No such proposal shall be considered by the Secretary if it is submitted later than September 1, 1981.

(c) Evaluation of proposals

The Secretary shall evaluate promptly each proposal submitted under subsection (b) with respect to a hospital or other station and determine, not later than September 30, 1981, whether or not under such proposal the hospital or station—

(1)

will be maintained as a general health care facility providing a range of services to the population within its service area,

(2)

will continue to make services available to existing patient populations, and

(3)

has a reasonable expectation of financial viability and, in the case of a hospital or station that is not proposed to be transferred, of financial self-sufficiency.

Paragraph (1) shall not apply in the case of a proposal for the transfer of a discrete, minor, freestanding part of a hospital or station to a local public entity for the purpose of continuing the provision of services to refugees.

(d) Rejection or approval of proposal
(1)

If the Secretary determines that a proposal for a hospital or other station does not meet the standards of subsection (c) or if there is no proposal submitted under subsection (b) with respect to a hospital or other station, the Secretary shall provide for the closure of the hospital or station by not later than October 31, 1981.

(2)

If the Secretary determines that a proposal for a hospital or other station meets the standards of subsection (c), the Secretary shall take such steps, within the amounts available through appropriations, as may be necessary and proper—

(A)

to operate (or participate or assist in the operation of) the hospital or station by the Service until the transfer is accomplished or financial self-sufficiency is achieved,

(B)

to bring the hospital or station into compliance with applicable licensure, accreditation, and local medical practice standards, and

(C)

to provide for such other legal, administrative, personnel, and financial arrangements (including allowing payments made with respect to services provided by the hospital or station to be made directly to that hospital or station) as may be necessary to effect a timely and orderly transfer of such hospital or station (including the land, building, and equipment thereof) from the Service, or for the financial self-sufficiency of the hospital or station, not later than September 30, 1982.

(e) Establishment of identifiable administrative unit

There is established, within the Office of the Assistant Secretary for Health of the Department of Health and Human Services, an identifiable administrative unit which shall have direct responsibility and authority for overseeing the activities under this section.

(f) Finding of financial self-sufficiency

For purposes of this section, a hospital or station cannot be found to be financially self-sufficient if the hospital or station is relying, in whole or in part, on direct appropriated funds for its continued operations.

Source credit: (Pub. L. 97–35, title IX, § 987, Aug. 13, 1981, 95 Stat. 603.)

history & why it existsrecord from the source credit
  • 1981Enacted · Pub. L. 97-35 · 95 Stat. 603

A history note hasn’t been published yet. The record shows enactment by Pub. L. 97-35 on 1981-08-13.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case