Page:United States Statutes at Large Volume 95.djvu/629

 PUBLIC LAW 97-35—AUG. 13, 1981 ELIMINATION

OP MERCHANT MARINE SERVICES

95 STAT. 603

ENTITLEMENT TO HEALTH

SEC. 986. (a) Subsection (h) of section 2 and subsections (a) and (b) of section 322 of the Public Health Service Act are repealed. 42 USC 201, 249. (b)(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). (2) Subsections (c), (d), and (e) of section 322 of such Act are redesiffliated as subsections (a), (b), and (c), respectively. (3) llie section heading for section 322 of such Act is amended by striking out "SEAMEN" and inserting in lieu thereof "PERSONS UNDER QUARANTINE".

(4) Section 332(a)(2)(C) of such Act is amended by striking out 42 USC 254e. "seamen" and inserting in lieu thereof "persons under quarantine". (c) The amendments and repeals made by this section shall take Effective date. effect on October 1, 1981. ^^ use 249 note. PROPOSALS FOR TRANSFER OR FINANCIAL SELF-SUFFICIENCY OF PUBLIC HEALTH SERVICE HOSPITALS AND CLINICS

SEC. 987. (a) The Secretary of Health and Human Services (herein- 42 USC 248b. after in this subtitle referred to as the "Secretary") shall, in accordance with this section and notwithstanding section 818 of Public Law 93-155, provide for the closure, transfer, or financial self-sufficiency 42 USC 248a. 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) 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) 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)(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.

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