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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 24 U.S.C. § 328 Payment for care and treatment us united_states_code code_section 24 HOSPITALS AND ASYLUMS 9 HOSPITALIZATION OF MENTALLY ILL NATIONALS RETURNED FROM FOREIGN COUNTRIES 328 24 U.S.C. § 328 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc24@119-100.zip /us/usc/t24/s328 data/legal/raw/us/code/title-24/usc24.xml 4ed62d968c80a6f7e2900886e51803ae4bd701d350fbd3ac71d0f5c5a6203240 0496f109fbd19f0cda0e5cca639449e329ed2357dcb8b8095d1127a2bfcf2c67 3f0405efef16c444d5ebfc8ba66f1e01bfec50f0ecf935a6e5b999deef26327a 2026-07-04 official
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24 U.S.C. § 328 - Payment for care and treatment

Text

(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. 86571, § 8, July 5, 1960, 74 Stat. 310; Pub. L. 9688, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.)

Notes

Statutory Notes and Related Subsidiaries

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. 9688 which is classified to section 3508(b) of Title 20, Education.