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Title 42 — The Public Health and Welfare

Part C · Chapter 6A — Public Health Service

§ 248. Control and management of hospitals; furnishing prosthetic and orthopedic devices; transfer of patients; disposal of articles produced by patients; disposal of money and effects of deceased patients; payment of burial expenses

Statutory text

The Surgeon General, pursuant to regulations, shall—

(a)

Control, manage, and operate all institutions, hospitals, and stations of the Service, including minor repairs and maintenance, and provide for the care, treatment, and hospitalization of patients, including the furnishing of prosthetic and orthopedic devices; and from time to time, with the approval of the President, select suitable sites for and establish such additional institutions, hospitals, and stations in the States and possessions of the United States as in his judgment are necessary to enable the Service to discharge its functions and duties;

(b)

Provide for the transfer of Public Health Service patients, in the care of attendants where necessary, between hospitals and stations operated by the Service or between such hospitals and stations and other hospitals and stations in which Public Health Service patients may be received, and the payment of expenses of such transfer;

(c)

Provide for the disposal of articles produced by patients in the course of their curative treatment, either by allowing the patient to retain such articles or by selling them and depositing the money received therefor to the credit of the appropriation from which the materials for making the articles were purchased;

(d)

Provide for the disposal of money and effects, in the custody of the hospitals or stations, of deceased patients; and

(e)

Provide, to the extent the Surgeon General determines that other public or private funds are not available therefor, for the payment of expenses of preparing and transporting the remains of, or the payment of reasonable burial expenses for, any patient dying in a hospital or station.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 78–373 · 58 Stat. 682

    Enacted · 42 U.S.C. § 248

    July 1, 1944, ch. 373, title III, § 321, 58 Stat. 695

    Source evidence

    Code source credit
    July 1, 1944, ch. 373, title III, § 321, 58 Stat. 695

  2. Public Law not identified

    Amended · 42 U.S.C. § 248(a)

    Subsec. (a). Act June 25, 1948, § 2(a), amended subsec. (a) generally, continuing authority of Service to furnish tobacco to patients being treated by it

    Unresolved: No Public Law or Statutes at Large citation in the Code source.

    Source evidence

    Code amendment note
    Subsec. (a). Act June 25, 1948, § 2(a), amended subsec. (a) generally, continuing authority of Service to furnish tobacco to patients being treated by it.

  3. Public Law not identified

    Added · 42 U.S.C. § 248(e)

    Subsec. (e). Act June 25, 1948, § 2(b), added subsec. (e)

    Unresolved: No Public Law or Statutes at Large citation in the Code source.

    Source evidence

    Code amendment note
    Subsec. (e). Act June 25, 1948, § 2(b), added subsec. (e).

  4. Pub. L. 95–622 title II § 266 · 92 Stat. 3412

    Struck · 42 U.S.C. § 248(a)

    Pub. L. 95–622 struck out “, and tobacco” after “orthopedic devices”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 95–622 struck out “, and tobacco” after “orthopedic devices”.

    Enacted provision · exact public law section
    Sec. 266. public health service hospitals Section 321(a) is amended by striking out “, and tobacco”. 42 USC 248.

1 of 4 references resolved to an enrolled provision · 1 partial · 2 unresolved

Editorial Notes

Amendments1948–1978 · 2 rounds

1978

Subsec. (a). Pub. L. 95–622 struck out “, and tobacco” after “orthopedic devices”.

1948

Subsec. (a). Act , § 2(a), amended subsec. (a) generally, continuing authority of Service to furnish tobacco to patients being treated by it.

Subsec. (e). Act , § 2(b), added subsec. (e).

Statutory Notes and Related Subsidiaries

Change of Name

“Secretary of Health and Human Services” substituted for “Secretary of Health, Education, and Welfare” pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education.

Executive Documents

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. , 31 F.R. 8855, 80 Stat. 1610, set out as a note under section 202 of this title.

Delegation of Functions

Functions of President delegated to Secretary of Health and Human Services, see Ex. Ord. No. 11140, , 29 F.R. 1637, as amended, set out as a note under section 202 of this title.

Credits

1944–1978 · 3 acts
  1. 1944July 1, 1944, ch. 373, title III, § 321, 58 Stat. 695
  2. 1948June 25, 1948, ch. 654, § 2, 62 Stat. 1017
  3. 1978Pub. L. 95–622, title II, § 266, , 92 Stat. 3437.
Show as published

(July 1, 1944, ch. 373, title III, § 321, 58 Stat. 695; June 25, 1948, ch. 654, § 2, 62 Stat. 1017; Pub. L. 95–622, title II, § 266, , 92 Stat. 3437.)

Parsed from the official OLRC USLM XML in data/usc_all/usc42.xml · release point 119-108 · OLRC build 2026-09-09

USLM identifier /us/usc/t42/s248