---
kind: "section"
citation: "24 U.S.C. § 328"
title: "24"
title_heading: "Hospitals and Asylums"
number: "328"
heading: "Payment for care and treatment"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/24/328"
units:
  - "Chapter 9 — Hospitalization of Mentally Ill Nationals Returned from Foreign Countries"
---

# §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](/usc/24/324.md) 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](/usc/24/321.md?p=b) 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](/usc/24/321.md?p=b) 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](/usc/24/324.md) 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](/usc/24/321.md?p=d) 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](/usc/24/321.md?p=a) of Health and Human Services, a per diem rate prescribed by the [Secretary](/usc/24/321.md?p=b) 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](/usc/24/321.md?p=b) on the basis of the contract rate.

## Source credit

(Pub. L. 86–571, § 8, July 5, 1960, 74 Stat. 310; Pub. L. 96–88, 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. 96–88 which is classified to section 3508(b) of Title 20, Education.