1. U.S. Code
  2. title 24
  3. chapter 9
  4. § 323

Collapse to view only § 323. Transfer and release to State of residence or legal domicile, or to relative

§ 321. DefinitionsFor 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.
(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.)

CITE AS: 24 USC 321

§ 322. Reception of eligible persons at ports of entry or debarkation
(a) Arrangements for care, treatment, and assistance
(b) Payment or reimbursement for care, treatment, or assistance
(Pub. L. 86–571, § 2, July 5, 1960, 74 Stat. 308; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.)

CITE AS: 24 USC 322

§ 323. Transfer and release to State of residence or legal domicile, or to relative

If, at the time of arrival in the United States, the residence or the legal domicile of an eligible person appearing to be in need of care and treatment in a mental hospital is known to be in a State, or whenever thereafter such a person’s residence or legal domicile in a State is ascertained, the Secretary shall, if the person is then under his care (whether directly or pursuant to a contract or other arrangement under section 322 or 324 of this title), endeavor to arrange with the proper authorities of such State, or of a political subdivision thereof, for the assumption of responsibility for the care and treatment of such person by such authorities and shall, upon the making of such arrangement in writing, transfer and release such person to such authorities. In the event the State of the residence or legal domicile of an eligible person cannot be ascertained, or the Secretary is unable to arrange with the proper authorities of such State, or of a political subdivision thereof, for the assumption of responsibility for his care and treatment, the Secretary may, if he determines that the best interests of such person will be served thereby, transfer and release the eligible person to a relative who agrees in writing to assume responsibility for such person after having been fully informed as to his condition.

(Pub. L. 86–571, § 3, July 5, 1960, 74 Stat. 308.)

CITE AS: 24 USC 323

§ 324. Care and treatment of eligible persons until transfer and release
(a) Place of hospitalization
(b) Ineligible persons
(Pub. L. 86–571, § 4, July 5, 1960, 74 Stat. 309; Pub. L. 98–621, § 10(r), Nov. 8, 1984, 98 Stat. 3381.)

CITE AS: 24 USC 324

§ 325. Examination of persons admitted
(a) Time and frequency of examination; discharge
(b) Notice to legal guardian, etc.
(Pub. L. 86–571, § 5, July 5, 1960, 74 Stat. 309.)

CITE AS: 24 USC 325

§ 326. Release of patient
(a) Request; determination of right to retain; retention after request
(b) Transfer to another hospital
(Pub. L. 86–571, § 6, July 5, 1960, 74 Stat. 309.)

CITE AS: 24 USC 326

§ 327. Notification to committing court of discharge or conditional release

In the case of any person hospitalized under section 324 of this title who has been judicially committed to the Secretary’s custody, the Secretary shall, upon the discharge or conditional release of such person, or upon such person’s transfer and release under section 323 of this title, notify the committing court of such discharge or conditional release or such transfer and release.

(Pub. L. 86–571, § 7, July 5, 1960, 74 Stat. 310.)

CITE AS: 24 USC 327

§ 328. Payment for care and treatment
(a) Persons liable; scope of liability; compromise or waiver; investigations; judicial proceedings
(b) “Costs or charges” defined
(Pub. L. 86–571, § 8, July 5, 1960, 74 Stat. 310; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.)

CITE AS: 24 USC 328

§ 329. Availability of appropriations for transportation

Appropriations for carrying out this chapter shall also be available for the transportation of any eligible person and necessary attendants to or from a hospital (including any hospital of a State or political subdivision to which an eligible person is released under section 323 of this title), to the place where a relative to whom any person is released under section 323 of this title resides, or to a person’s home upon his discharge from hospitalization under this chapter.

(Pub. L. 86–571, § 9, July 5, 1960, 74 Stat. 310.)

CITE AS: 24 USC 329