---
kind: "section"
citation: "42 U.S.C. § 248a"
title: "42"
title_heading: "The Public Health and Welfare"
number: "248a"
heading: "Closing or transfer of hospitals; reduction of services; Congressional authorization required"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/248a"
units:
  - "Chapter 6A — Public Health Service"
  - "Subchapter II — General Powers and Duties"
  - "Part C — Hospitals, Medical Examinations, and Medical Care"
---

# §248a. Closing or transfer of hospitals; reduction of services; Congressional authorization required

- (a) Except as provided in [subsection (b)](#b), the [Secretary](/usc/42/201.md?p=c) of Health and Human [Services](/usc/42/201.md?p=a) shall take such action as may be necessary to assure that the [hospitals](/usc/42/300s–3.md?p=1) of the Public Health [Service](/usc/42/201.md?p=a), located in Seattle, Washington, Boston, Massachusetts, San Francisco, California, Galveston, Texas, New Orleans, Louisiana, Baltimore, Maryland, Staten Island, New York, and Norfolk, Virginia, shall con­tinue—
  - (1) in operation as [hospitals](/usc/42/300s–3.md?p=1) of the Public Health [Service](/usc/42/201.md?p=a),
  - (2) to provide for all categories of individuals entitled or authorized to receive care and [treatment](/usc/42/11851.md?p=11) at [hospitals](/usc/42/300s–3.md?p=1) or other stations of the Public Health [Service](/usc/42/201.md?p=a) inpatient, outpatient, and other health [care services](/usc/42/300z–1.md?p=a-7) in like manner as such [services](/usc/42/201.md?p=a) were provided on January 1, 1973, to such categories of individuals at the [hospitals](/usc/42/300s–3.md?p=1) of the Public Health [Service](/usc/42/201.md?p=a) referred to in the matter preceding [paragraph (1)](#a-1) and at a level and range at least as great as the level and range of such [services](/usc/42/201.md?p=a) which were provided (or authorized to be provided) by such [hospitals](/usc/42/300s–3.md?p=1) on such date, and
  - (3) to conduct at such [hospitals](/usc/42/300s–3.md?p=1) a level and range of other health-related activities (including training and research activities) which is not less than the level and range of such activities which were being conducted on January 1, 1973, at such [hospitals](/usc/42/300s–3.md?p=1).
- (b)
  - (1) The [Secretary](/usc/42/201.md?p=c) may—
    - (A) close or transfer control of a [hospital](/usc/42/300s–3.md?p=1) of the Public Health [Service](/usc/42/201.md?p=a) to which [subsection (a)](#a) applies,
    - (B) reduce the level and range of health [care services](/usc/42/300z–1.md?p=a-7) provided at such a [hospital](/usc/42/300s–3.md?p=1) from the level and range required by [subsection (a)(2)](#a-2) or change the manner in which such [services](/usc/42/201.md?p=a) are provided at such a [hospital](/usc/42/300s–3.md?p=1) from the manner required by such subsection, or
    - (C) reduce the level and range of the other health-related activities conducted at such [hospital](/usc/42/300s–3.md?p=1) from the level and range required by [subsection (a)(3)](#a-3),

    if Congress by law (enacted after November 16, 1973) specifically authorizes such action.

  - (2) Any recommendation submitted to the Congress for legislation to authorize an action described in [paragraph (1)](#b-1) with respect to a [hospital](/usc/42/300s–3.md?p=1) of the Public Health [Service](/usc/42/201.md?p=a) shall be accompanied by a copy of the written, unqualified approval of the proposed action submitted to the [Secretary](/usc/42/201.md?p=c) by each (A) section 314(a) [State](/usc/42/201.md?p=f) health planning [agency](/usc/42/8262.md?p=1) whose section 314(a) plan covers (in whole or in part) the area in which such [hospital](/usc/42/300s–3.md?p=1) is located or which is served by such [hospital](/usc/42/300s–3.md?p=1), and (B) section 314(b) areawide health planning [agency](/usc/42/8262.md?p=1) whose section 314(b) plan covers (in whole or in part) such area.
  - (3) For purposes of this subsection, the term “section 314(a) [State](/usc/42/201.md?p=f) health planning [agency](/usc/42/8262.md?p=1)” means the [agency](/usc/42/8262.md?p=1) of a [State](/usc/42/201.md?p=f) which administers or supervises the administration of a [State](/usc/42/201.md?p=f)’s health planning functions under a [State plan](/usc/42/300d–31.md?p=2) approved under section 314(a) of the Public Health Service Act (referred to in [paragraph (2)](#b-2) as a “section 314(a) plan”); and the term “section 314(b) areawide health planning [agency](/usc/42/8262.md?p=1)” means a public or [nonprofit](/usc/42/300s–3.md?p=3) private [agency](/usc/42/8262.md?p=1) or organization which has developed a comprehensive regional, metropolitan, or other local area plan or plans referred to in section 314(b) of that Act (referred to in [paragraph (2)](#b-2) as a “section 314(b) plan”).

## Source credit

(Pub. L. 93–155, title VIII, § 818(a), (b), Nov. 16, 1973, 87 Stat. 622; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.)

## Notes

### Editorial Notes

### References in Text

Section 314 of the Public Health Service Act, referred to in subsec. (b)(2), (3), is classified to section 246 of this title.

### Codification

Section was enacted as part of the Department of Defense Appropriation Authorization Act, 1974, and not as part of the Public Health Service Act which comprises this chapter.

### Prior Provisions

Provisions similar to those comprising this section were contained in Pub. L. 92–585, § 3, Oct. 27, 1972, 86 Stat. 1292, setting out procedure to be followed in closing or transferring control of hospitals or other health care delivery facilities of Public Health Service, prior to repeal by Pub. L. 93–155, § 818(c).

### Statutory Notes and Related Subsidiaries

### Change of Name

“Secretary of Health and Human Services” substituted for “Secretary of Health, Education, and Welfare” in subsec. (a) pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education.