|
U.S. Code as of:
01/19/04
Section 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.
|
|