U.S. Code » Title 42 » Chapter CHAPTER 22— INDIAN HOSPITALS AND HEALTH FACILITIES › Subchapter SUBCHAPTER I— MAINTENANCE AND OPERATION

42 U.S.C. § 2001

Hospitals and health facilities transferred to Public Health Service; restriction on closing hospitals

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(a) All functions, responsibilities, authorities, and duties of the Department of the Interior, the Bureau of Indian Affairs, Secretary of the Interior, and the Commissioner of Indian Affairs relating to the maintenance and operation of hospital and health facilities for Indians, and the conservation of the health of Indians, are transferred to, and shall be administered by, the Surgeon General of the United States Public Health Service, under the supervision and direction of the Secretary of Health and Human Services: Provided, That hospitals now in operation for a specific tribe or tribes of Indians shall not be closed prior to July 1, 1956, without the consent of the governing body of the tribe or its organized council.(b) In carrying out his functions, responsibilities, authorities, and duties under this subchapter, the Secretary is authorized, with the consent of the Indian people served, to contract with private or other non-Federal health agencies or organizations for the provision of health services to such people on a fee-for-service basis or on a prepayment or other similar basis.(Aug. 5, 1954, ch. 658, § 1, 68 Stat. 674; Pub. L. 93–222, § 6(a), Dec. 29, 1973, 87 Stat. 935; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.)Editorial NotesAmendments

1973—Pub. L. 93–222 designated existing provisions as subsec. (a) and added subsec. (b).

Statutory Notes and Related SubsidiariesEffective Date

Act Aug. 5, 1954, ch. 658, § 6, 68 Stat. 675, as amended by Pub. L. 86–121, § 2, July 31, 1959, 73 Stat. 268, provided that: “Sections 1 to 5, inclusive, of this Act [enacting this subchapter and repealing sections 444 to 449 of Title 25, Indians] shall take effect July 1, 1959.”

Short Title

This subchapter is popuarly known as the “Transfer Act”.

Executive DocumentsTransfer of Functions

Office of Surgeon General abolished by section 3 of Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and functions thereof transferred to Secretary of Health, Education, and Welfare by section 1 of Reorg. Plan No. 3 of 1966, set out as a note under section 202 of this title. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education. Office of Surgeon General reestablished within the Office of the Assistant Secretary for Health, see Notice of Department of Health and Human Services, Office of the Assistant Secretary for Health, Mar. 30, 1987, 52 F.R. 11754.

Notes of Decisions
Cited in 24 cases (1 in the last 5 years), 1974–2021 · leading case: Samish Indian Nation v. United States, 419 F.3d 1355 (Fed. Cir. 2005).
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Samish Indian Nation v. United States, 419 F.3d 1355 (Fed. Cir. 2005). “674 ), as amended [ 42 U.S.C. §§ 2001 et seq.]; (D) administered by the Secretary for the benefit of Indians for which appropriations are made to agencies other than the Department of Health and Human Services or the Department of the Interior; and (E) for the benefit of Indians…”
Claire A. Straughn v. Delta Air Lines, Inc., 250 F.3d 23 (1st Cir. 2001). “, alleging gender discrimination under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2001 , et seq., race discrimination under 42 U.”
Navajo Nation v. Dep't of Health & Human Servs., Sec'y, 325 F.3d 1133 (9th Cir. 2003). · cites it 2× “” 5 42 U.S.C. § 2001 (a). The Act authorizes the Secretary “to contract with private or other non-Federal health agencies or organizations for the provision of health services to [Indians].”
Lincoln v. Vigil, 508 U.S. 182 (1993). “Under 42 U. S. C. § 2001 (a), however, the Bureau’s authorities and responsibilities with respect to "the conservation of the health of Indians” have been transferred to the Department of Health and Human Services.”
Morton v. Mancari, 417 U.S. 535 (1974). “674 , 42 U. S. C. § 2001 . Presumably, despite this transfer, the reference in § 12 to the “Indian Office” has continuing application to the Indian Health Service.”
Lewis v. Weinberger, 415 F. Supp. 652 (D.N.M. 1976). · cites it 2× “674 (codified at 42 U.S.C.A. § 2001 (1974), as amended, 42 U.”
Navajo Health Found.-Sage Mem'l Hosp., Inc. v. Burwell, 263 F. Supp. 3d 1083 (D.N.M. 2016). “American Medical Association and state departments of health in every state with a significant American Indian population, see Transfer Act of 1954, 42 U.S.C. § 2001 ; S. Rep. No. 83-1530 at 2 (listing these and other medical organizations, departments, and boards supporting the…”
Tsosie v. United States, 452 F.3d 1161 (10th Cir. 2006). “674 (1954), as amended 42 U.S.C. § 2001 et seq., which transferred to the Department of Health, Education, and Welfare responsibilities relating to the maintenance and operation of hospitals and health facilities for Native Americans; and (4) the Indian Health Care Improvement…”
Rosebud Sioux Tribe v. United States, 9 F.4th 1018 (8th Cir. 2021). “§ 13 ; 42 U.S.C. § 2001 . 4 Today, IHS provides federal healthcare and health advocacy for approximately 2.”
White v. Califano, 437 F. Supp. 543 (D.S.D. 1977). “42 U.S.C. § 2001 . In 1968 the Division of Indian Health was renamed the Indian Health Service (hereinafter I.”
Navajo Health Found.-Sage Mem'l Hosp., Inc. v. Burwell, 220 F. Supp. 3d 1190 (D.N.M. 2016). “83-1530 at 3-4 (1954), and Congress fully federalized Indian healthcare with the support of the American Medical Association and state departments of health in every state with a significant American Indian population, see Transfer Act of 1954, 42 U.S.C. § 2001 ; S. Rep. No.…”
St. Joseph's Hosp. & Med. Ctr. v. Maricopa Cnty., 635 P.2d 527 (Ariz. Ct. App. 1981). “Title 42 United States Code, Chapter 22, entitled “Indian Hospitals and Health Facilities”, 42 U.S.C. § 2001 et seq., allowing the Department of Health and Human Services to contract with states or private organizations to provide health care to Indians.”
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