§ 328. — Payment for care and treatment.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 24USC328]
TITLE 24--HOSPITALS AND ASYLUMS
CHAPTER 9--HOSPITALIZATION OF MENTALLY ILL NATIONALS RETURNED FROM
FOREIGN COUNTRIES
Sec. 328. Payment for care and treatment
(a) Persons liable; scope of liability; compromise or waiver;
investigations; judicial proceedings
Any person hospitalized under section 324 of this title or his
estate, shall be liable to pay or contribute toward the payment of the
costs or charges for his care and treatment to the same extent as such
person would, if resident in the District of Columbia, be liable to pay,
under the laws of the District of Columbia, for his care and maintenance
in a hospital for the mentally ill in that jurisdiction. The Secretary
may, in his discretion, where in his judgment substantial justice will
be best served thereby or the probable recovery will not warrant the
expense of collection, compromise or waive the whole or any portion of
any claim under this section. In carrying out this section, the
Secretary may make or cause to be made such investigations as may be
necessary to determine the ability of any person hospitalized under
section 324 of this title to pay or contribute toward the cost of his
hospitalization. All collections or reimbursement on account of the
costs and charges for the care of the eligible person shall be deposited
in the Treasury as miscellaneous receipts. Any judicial proceedings to
recover such costs or charges shall be brought in the name of the United
States in any court of competent jurisdiction.
(b) ``Costs or charges'' defined
As used in this section, the term ``costs or charges'' means, in the
case of hospitalization at a hospital under the jurisdiction of the
Department of Health and Human Services, a per diem rate prescribed by
the Secretary on a basis comparable to that charged for any other paying
patients and, in the case of persons hospitalized elsewhere, the
contract rate or a per diem rate fixed by the Secretary on the basis of
the contract rate.
(Pub. L. 86-571, Sec. 8, July 5, 1960, 74 Stat. 310; Pub. L. 96-88,
title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)
Change of Name
``Department of Health and Human Services'' substituted in text for
``Department 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.
