Title 42 — The Public Health and Welfare
Part C · Chapter 6A — Public Health Service
§ 249. Medical care and treatment of quarantined and detained persons
Statutory text
Persons entitled to treatment
Any person when detained in accordance with quarantine laws, or, at the request of the Immigration and Naturalization Service, any person detained by that Service, may be treated and cared for by the Public Health Service.
Temporary treatment in emergency cases
Persons not entitled to treatment and care at institutions, hospitals, and stations of the Service may, in accordance with regulations of the Surgeon General, be admitted thereto for temporary treatment and care in case of emergency.
Authorization for outside treatment
Persons whose care and treatment is authorized by subsection (a) may, in accordance with regulations, receive such care and treatment at the expense of the Service from public or private medical or hospital facilities other than those of the Service, when authorized by the officer in charge of the station at which the application is made.
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.
Pub. L. 78–373 · 58 Stat. 682
Enacted · 42 U.S.C. § 249
July 1, 1944, ch. 373, title III, § 322, 58 Stat. 696
Source evidence
Code source credit
July 1, 1944, ch. 373, title III, § 322, 58 Stat. 696Public Law not identified
Changed · 42 U.S.C. § 249(e)
Subsec. (e). Act June 25, 1948, permitted Service to provide for care and treatment of individuals detained in accordance with our quarantine laws
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (e). Act June 25, 1948, permitted Service to provide for care and treatment of individuals detained in accordance with our quarantine laws.Pub. L. 88–424 · 78 Stat. 398
Added · 42 U.S.C. § 249(a)(8)
Pub. L. 88–424 added par. (8)
Source evidence
Code amendment note
Subsec. (a)(8). Pub. L. 88–424 added par. (8).Partnership for Health Amendments of 1967
Pub. L. 90–174 § 10(c) · 81 Stat. 533
Substituted · 42 U.S.C. § 249(a)(7)
Pub. L. 90–174 substituted provision for entitlement to treatment and hospitalization of seamen-trainees, while participating in maritime training programs to develop or enhance their employability in maritime industry, for provision for such entitlement of employees and noncommissioned officers in field service of Public Health Service when injured or taken sick in line of duty
Source evidence
Code amendment note
Subsec. (a)(7). Pub. L. 90–174 substituted provision for entitlement to treatment and hospitalization of seamen-trainees, while participating in maritime training programs to develop or enhance their employability in maritime industry, for provision for such entitlement of employees and noncommissioned officers in field service of Public Health Service when injured or taken sick in line of duty.Enacted provision · exact public law section
(c) Paragraph (7) of subsection (a) of section 322 of such Act is 58 Stat. 696. 42 USC 249. amended to read as follows: “(7) Seamen-trainees, while participating in maritime training programs to develop or enhance their employability in the maritime industry; and”.Pub. L. 97–35 § 986(a) · 95 Stat. 357
Redesignated · 42 U.S.C. § 249(a)
Pub. L. 97–35, § 986(a), (b)(2), redesignated subsec. (c) as (a). Former subsec. (a), which related to persons entitled to medical, etc., treatment and hospitalization, was struck out
Source evidence
Code amendment note
Subsec. (a). Pub. L. 97–35, § 986(a), (b)(2), redesignated subsec. (c) as (a). Former subsec. (a), which related to persons entitled to medical, etc., treatment and hospitalization, was struck out.Enacted provision · exact public law section
(a) Subsection (h) of section 2 and subsections (a) and (b) of section 322 of the Public Health Service Act are repealed. 42 USC 201, 249.Effective date note
Pub. L. 97–35, title IX, § 986(c), Aug. 13, 1981, 95 Stat. 603, provided that: “The amendments and repeals made by this section [amending this section and sections 201 and 254e of this title] shall take effect on October 1, 1981.”Pub. L. 97–35 § 986(a) · 95 Stat. 357
Redesignated · 42 U.S.C. § 249(b)
Pub. L. 97–35, § 986(a), (b)(2), redesignated subsec. (d) as (b). Former subsec. (b), which related to treatment for seamen on foreign-flag vessels, was struck out
Source evidence
Code amendment note
Subsec. (b). Pub. L. 97–35, § 986(a), (b)(2), redesignated subsec. (d) as (b). Former subsec. (b), which related to treatment for seamen on foreign-flag vessels, was struck out.Enacted provision · exact public law section
(a) Subsection (h) of section 2 and subsections (a) and (b) of section 322 of the Public Health Service Act are repealed. 42 USC 201, 249.Effective date note
Pub. L. 97–35, title IX, § 986(c), Aug. 13, 1981, 95 Stat. 603, provided that: “The amendments and repeals made by this section [amending this section and sections 201 and 254e of this title] shall take effect on October 1, 1981.”Pub. L. 97–35 § 986(b)(1) · 95 Stat. 357
Redesignated · 42 U.S.C. § 249(c)
Pub. L. 97–35, § 986(b)(1), (2), redesignated subsec. (e) as (c)
Substituted · 42 U.S.C. § 249(c)
Pub. L. 97–35, § 986(b)(1), (2), substituted “subsection (a)” for “subsection (c)”
Redesignated · 42 U.S.C. § 249(c)
Pub. L. 97–35, § 986(b)(1), (2), struck out “entitled to care and treatment under subsection (a) of this section and persons” after “Persons”. Former subsec. (c) redesignated (a)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 97–35, § 986(b)(1), (2), redesignated subsec. (e) as (c), substituted “subsection (a)” for “subsection (c)”, and struck out “entitled to care and treatment under subsection (a) of this section and persons” after “Persons”. Former subsec. (c) redesignated (a).Enacted provision · exact public law section
(1) Section 322(e) of such Act is amended— (A) by striking out “entitled to care and treatment under subsection (a) of this section and persons”; and (B) by striking out “subsection (c)” and inserting in lieu thereof “subsection (a)”.Effective date note
Pub. L. 97–35, title IX, § 986(c), Aug. 13, 1981, 95 Stat. 603, provided that: “The amendments and repeals made by this section [amending this section and sections 201 and 254e of this title] shall take effect on October 1, 1981.”Pub. L. 97–35 § 986(b)(2) · 95 Stat. 357
Redesignated · 42 U.S.C. § 249(d); 42 U.S.C. § 249(e)
Pub. L. 97–35, § 986(b)(2), redesignated subsecs. (d) and (e) as (b) and (c), respectively
Source evidence
Code amendment note
Subsecs. (d), (e). Pub. L. 97–35, § 986(b)(2), redesignated subsecs. (d) and (e) as (b) and (c), respectively.Enacted provision · exact public law section
(2) Subsections (c), (d), and (e) of section 322 of such Act are redesignated as subsections (a), (b), and (c), respectively.Effective date note
Pub. L. 97–35, title IX, § 986(c), Aug. 13, 1981, 95 Stat. 603, provided that: “The amendments and repeals made by this section [amending this section and sections 201 and 254e of this title] shall take effect on October 1, 1981.”
7 of 10 references resolved to an enrolled provision · 2 partial · 1 unresolved
Editorial Notes
Amendments1948–1981 · 4 rounds
1981
Subsec. (a). Pub. L. 97–35, § 986(a), (b)(2), redesignated subsec. (c) as (a). Former subsec. (a), which related to persons entitled to medical, etc., treatment and hospitalization, was struck out.
Subsec. (b). Pub. L. 97–35, § 986(a), (b)(2), redesignated subsec. (d) as (b). Former subsec. (b), which related to treatment for seamen on foreign-flag vessels, was struck out.
Subsec. (c). Pub. L. 97–35, § 986(b)(1), (2), redesignated subsec. (e) as (c), substituted “subsection (a)” for “subsection (c)”, and struck out “entitled to care and treatment under subsection (a) of this section and persons” after “Persons”. Former subsec. (c) redesignated (a).
Subsecs. (d), (e). Pub. L. 97–35, § 986(b)(2), redesignated subsecs. (d) and (e) as (b) and (c), respectively.
1967
Subsec. (a)(7). Pub. L. 90–174 substituted provision for entitlement to treatment and hospitalization of seamen-trainees, while participating in maritime training programs to develop or enhance their employability in maritime industry, for provision for such entitlement of employees and noncommissioned officers in field service of Public Health Service when injured or taken sick in line of duty.
1964
Subsec. (a)(8). Pub. L. 88–424 added par. (8).
1948
Subsec. (e). Act , permitted Service to provide for care and treatment of individuals detained in accordance with our quarantine laws.
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.
Effective Date of 1981 Amendment
Pub. L. 97–35, title IX, § 986(c), , 95 Stat. 603, provided that: “The amendments and repeals made by this section [amending this section and sections 201 and 254e of this title] shall take effect on .”
Abolition of Immigration and Naturalization Service and Transfer of Functions
For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of Title 8, Aliens and Nationality.
Continued Care for Merchant Seamen Hospitalized in Public Health Service Hospitals
Pub. L. 97–35, title IX, § 988, , 95 Stat. 604, provided that:
“(a) The Secretary shall provide, by contract or other arrangement with a Federal entity and without charge but subject to subsection (b), for the continuation of inpatient hospital services (and outpatient services related to the condition of hospitalization) to any individual who—
“(1) on , is receiving inpatient hospital services at a Public Health Service hospital on the basis of the entitlement contained in section 322(a) of the Public Health Service Act (42 U.S.C. 249(a)), as such section was in effect on such date, for treatment of a condition,
“(2) requires continued hospitalization after such date for treatment of that condition (or requires outpatient services related to such condition), and
“(3) the Secretary determines has no other source of inpatient hospital services available for continued treatment of that condition.
“(b) Services may not be provided under subsection (a) to an individual after the earlier of—
“(1) ,
“(2) the end of the first 60-day consecutive period (beginning after ) during the entire period of which the individual is not an inpatient of a hospital.
“(c) Notwithstanding any other provision of law, the head of any Federal department or agency which provides, under other authority of law and through federal facilities, inpatient hospital services or outpatient services, or both, is authorized to provide inpatient hospital services (and related outpatient services) to individuals under contract or other arrangement with the Secretary pursuant to this section.”
Foreign Seamen
Section 810(c), formerly § 710(c), of act , as renumbered by acts Aug. 13, 1946, ch. 958, § 5, 60 Stat. 1049; July 30, 1956, ch. 779, § 3(b), 70 Stat. 721, which gave foreign seamen the same benefits as accorded seamen employed on United States vessels under subsec. (a)(1) of this section, was repealed effective , by Joint Res. July 25, 1947, ch. 327, § 2(b), 61 Stat. 451.
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.
Functions of all other officers of Department of Justice and functions of all agencies and employees of such Department transferred, with a few exceptions, to Attorney General, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers, agencies, and employees, by sections 1 and 2 of Reorg. Plan No. 2 of 1950, eff. , 15 F.R. 3173, 64 Stat. 1261, which were repealed by Pub. L. 89–554, § 8(a), , 80 Stat. 662. Immigration and Naturalization Service, referred to in this section, was a bureau in Department of Justice.
Credits
1944–1981 · 6 acts
- 1944July 1, 1944, ch. 373, title III, § 322, 58 Stat. 696
- 1948June 25, 1948, ch. 654, § 3, 62 Stat. 1018
- 1956Aug. 8, 1956, ch. 1036, § 3, 70 Stat. 1120
- 1964Pub. L. 88–424, , 78 Stat. 398
- 1967Pub. L. 90–174, § 10(c), , 81 Stat. 541
- 1981Pub. L. 97–35, title IX, § 986(a), (b)(1), (2), , 95 Stat. 603.
Show as published
(July 1, 1944, ch. 373, title III, § 322, 58 Stat. 696; June 25, 1948, ch. 654, § 3, 62 Stat. 1018; Aug. 8, 1956, ch. 1036, § 3, 70 Stat. 1120; Pub. L. 88–424, , 78 Stat. 398; Pub. L. 90–174, § 10(c), , 81 Stat. 541; Pub. L. 97–35, title IX, § 986(a), (b)(1), (2), , 95 Stat. 603.)