CHAPTER III-ST. ELIZABETHS HOSPITAL 300.1 300.2 Availability of official records. § 300.1 Availability of official records. § 300.2 Disclosure of information. No copy of, or information relative to, any official record or other official business of the Hospital, which appears to be of confidential nature, shall be given to any person unless: (a) Such person obtains a court order therefor, or makes application therefor in the manner prescribed in paragraph (b) of this section. (b) It appears to the Superintendent of the Hospital that the furnishing there 84-001-72-27 of would not be inimical to the public interest or to the welfare of the patient. The application mentioned above shall be addressed to the Superintendent and must set forth the interest of the applicant in the subject matter and the purpose for which such copy or information is desired. (R.S. 161; 5 U.S.C. 301) [13 FR. 7743, Dec. 15, 1948] Sec. 301.13 Question affecting the rights of claimants for share of pension of inmates. 801.14 Table of monthly division of rates of pension made part of regulations. AUTHORITY: The provisions of this Part 301 issued under R.S. 4839, as amended; 24 U.S.C. 165. SOURCE: The provisions of this Part 301 appear at 2 F.R. 1623, Aug. 3, 1937, unless otherwise noted. § 301.1 Deposit of money in Treasury. All moneys received by the Superintendent under the acts of February 20, 1905 (33 Stat. 731; 24 U.S.C. 195, 165), and February 2, 1909 (35 Stat. 592; 24 U.S.C. 165), shall be scheduled to the Chief Disbursing Officer, Division of Disbursements, Treasury Department, for deposit in the United States Treasury. § 301.2 Keeping accounts of money. Separate accounts shall be kept by the Superintendent with each pensioner showing the amount of money received and expended, and the balance on hand. § 301.3 Purposes for which money shall be disbursed. The pension money shall be disbursed and used for three general purposes, in order as follows: (a) For the benefit of the pensioner. (b) For the benefit of relatives entitled under the law. (c) To reimburse the Hospital for the pensioner's board and maintenance, where no other provision is made therefor. § 301.6 Use of unobligated balance of funds. Any excess amounts not required for payments to relatives or for board shall be available for the purchase of such articles as may be required for the pensioner's welfare and which are not provided from the regular Hospital funds, or otherwise for the pensioner's benefit. § 301.7 Disposition of funds not exceeding $15 per month. The basic rate of pension being $15 or less per month, one-sixth thereof shall be reserved for the pensioner, to be expended in the purchase of such articles as may be required for the pensioner's welfare and which are not provided from the regular Hospial funds, or otherwise for the pensioner's benefit. The entire remainder will be paid, in the case of a male pensioner, to his dependent wife, minor children, or parents, in the order named; in the case of a female pensioner, to her dependent minor children. § 301.8 Disposition of funds greater than $15, and not exceeding $25, per month. The basic rate of pension being greater that $15 but not exceeding $25 per month, the dependent wife, minor children, or parents, in the order named in the case of a male pensioner, or the dependent minor children, in the case of a female pensioner, shall receive not less than $12.50 per month, the balance to be reserved for the pensioner, to be expended in the purchase of such articles as may be required for the pensioner's welfare and which are not provided from the regular Hospital funds, or otherwise for the pensioner's benefit, subject to provision for payment of board. § 301.9 Disposition of funds in excess of $25 per month. The basic rate of pension being in excess of $25 per month, the dependent wife, minor children, or parents, in the order named in the case of a male pensioner, or the dependent minor children in the case of a female pensioner, shall receive an amount equal to one-half of the entire pension, the balance to be reserved for the pensioner, to be expended in the purchase of such articles as may be required for the pensioner's welfare and which are not provided from the regular Hospital funds, or otherwise for the pensioner's benefit, subject to provision for payment of board. § 301.10 Amount available for disbursement to a nondependent relative. If the wife, minor children, or parents of a male pensioner, or the minor children of a female pensioner, be not in fact dependent upon the pensioner in any degree for support, she or they shall receive no greater than one-half of the amount payable in case of her or their dependence, the balance to be reserved for the pensioner, to be expended in the purchase of such articles as may be required for the pensioner's welfare and which are not provided from regular Hospital funds, or otherwise for the pensioner's benefit, subject to provision for payment of board. § 301.11 Use of fund where there are no relatives of certain classes. If there be no wife, minor children, or parents, in the case of a male pensioner, or minor children in the case of a female pensioner, the entire amount of the pension shall be reserved for the pensioner, to be expended in the purchase of such articles as may be required for the pensioner's welfare and which are not provided from the regular Hospital funds, or otherwise for the pensioner's benefit, subject to provision for payment of board. § 301.12 Disposition of balance of fund in case of discharge or death. Any unexpended balance of pension money reserved for the pensioner's benefit shall be paid, in the event of the pensioner's discharge from the Hospital, to the pensioner, or to his or her lawful guardian, or in the event that the pensioner is returned to a branch of the National Home for Disabled Volunteer Soldiers (now a part of the Veterans Administration), to the treasurer or fiscal officer of such branch for such pensioner, or in the event of the pensioner's discharge from the Hospital and his immediate transfer to the United States Soldiers' Home, to the treasurer of said home. In the event of the pensioner's death while an inmate of the Hospital, the same shall be paid, in the case of a male pensioner, to his widow, or if there be no widow, to his minor children, and in the case of a female pensioner, to her minor children. If there be no widow or minor children entitled to payment of such balance of pension money, it shall be applied to the general uses of the Hospital. § 301.13 Questions affecting the rights of claimants for share of pension of inmates. All questions affecting the right of claimants for a share of the pension of inmates of the Hospital shall be determined upon evidence to be submitted to the United States Veterans Administration. The findings of the United States Veterans Administration upon such evidence shall be submitted for the approval of the Secretary of Health, Education, and Welfare, and upon their transmission to the Superintendent of the Hospital with such approval, shall be accepted by him to control the disbursement of the pension under the law and the regulations in this part. § 301.14 Table of monthly division of rates of pension made part of regulations. The following "Table of monthly division of rates of pension under the acts of February 20, 1905, and February 2, TABLE OF MONTHLY DIVISION OF RATES OF PENSION UNDER THE ACTS OF FEBRUARY 20, 1905, AND FEBRUARY 2, 1909 1909," is hereby made a part of the regulations in this part to serve as a guide in determining in each case the respective amounts to be reserved for the pensioner's benefit and to be paid to relatives entitled. Any unusual rates of pension not included will be divided as nearly as may be in the same proportions as therein observed. PART 302-HANDLING OF PERSONAL FUNDS OF PATIENTS Sec. 802.1 Accounting for moneys intrusted to the hospital. 802.2 Accounts open to inspection of proper officials. 802.3 Financial Officer shall deposit funds in the United States Treasury. 802.4 Financial Officer authorized to draw funds and make cash payments to patients. 802.5 Report of actions to the Secretary of Health, Education, and Welfare. 802.6 Disbursing of trust funds to patients. AUTHORITY: The provisions of this Part 302 issued under R.S. 4839, as amended; 24 U.S.C. 165. SOURCE: The provisions of this Part 302 contained in Regulations, May 1, 1909, unless otherwise noted. § 302.1 Accounting for trusted to the hospital. 1 moneys in The Financial Officer 1 of the St. Elizabeths Hospital, under the direction of the Superintendent of the Hospital, shall receive and account for all moneys intrusted to the Financial Officer by or for the use of patients. § 302.2 Accounts open to inspection of proper officials. The Financial Officer shall keep, subject at all times to the inspection of the proper officials, a separate account with each patient having personal moneys on deposit, showing the amount received, expended, and the balance of each. § 302.3 Financial Officer shall deposit funds in the United States Treasury. The Financial Officer shall deposit in the United States Treasury, as Financial Officer, not later than at the end of each month, all funds now in hand or which may hereafter be intrusted to the Financial Officer by or for the use of such 1 The term "Financial Officer" has been substituted for the term "Disbursing Agent," which appears in the May 1, 1909, regulations, as a result of the issuance of Executive Order 6166, June 10, 1933. The functions of the official remain unchanged so far as the regulations in this chapter are concerned. patients, of which an account shall be kept separate and apart from moneys received on account of pensions, and whose bond in that capacity shall include the faithful custody and disbursement of all funds so received. § 302.4 Financial Officer authorized to draw funds and make cash payments to patients. The Financial Officer is authorized to draw therefrom in the usual manner, from time to time, and to make cash payments upon voucher forms approved by the accounting officers of the Treasury for the use of such patients, not to exceed for any one patient the amount intrusted to the Superintendent on account of such patients. § 302.5 Report of actions to the Secretary of Health, Education, and Welfare. The Financial Officer shall, on or before the fifteenth of each month following the quarter for which accounts are rendered, forward to the Secretary of Health, Education, and Welfare for transmission to the General Accounting Office a duplicate of the patients' accounts. § 302.6 Disbursing of trust funds to patients. The Financial Officer may, subject to the limitations of the law, draw, as Financial Officer, such sums as in the judgment of the Financial Officer may be necessary for the use of individual patients. § 303.1 Search for relatives or friends of patients. The records of the hospital will be searched, and a circular letter will be sent to the relatives or friends of deceased whose addresses are shown by the records of the institution, requesting information as to the legal heirs of the deceased. These letters will be sent first to the relatives in the order of their relationship to the deceased; and if no answer is received, then to any friends of the deceased whose addresses are shown by the records. § 303.2 Manner in which efforts will be made to get information. If the legal heirs of deceased cannot be ascertained through data of record in the hospital, application for such information will be made in the following manner: If the deceased was a pensioner, or was an applicant for pension, or if there is any reason to believe that he may have applied for a pension, a circular letter containing all available data will be sent to the Commissioner of Pensions requesting the information. If the deceased was admitted from the Soldiers' Home, the Naval Home, or a branch of the National Home for Disabled Volunteer Soldiers, or if it is shown that he was at any time an inmate of a State or Territorial home, or other State or Territorial institution, the information will be requested of such home or institution. If the deceased was admitted from the Army or the Navy, application will be made to the Secretary of War or the Secretary of the Navy, and to the Auditors for such Departments, respectively; and if admitted from the Public Health Service, application will be made to the Secretary of Health, Education, and Welfare. Where the former place of residence of deceased is known, an inquiry will be addressed to the postmaster of the town in which he resided; and in all cases the superintendent will adopt any other means to ascertain the whereabouts of the heirs of deceased which seem appropriate to the particular case. § 303.3 Communication with claimants. Upon receiving information as to the address of any person supposed to be an heir of deceased, the superintendent will address a letter to such person informing him of the amount to the credit of the deceased, and inquiring whether he is, solely or jointly with others, the heir of such deceased inmate. § 303.4 Character of proof required. Upon receipt by the hospital of a claim from a person claiming to be the legal heir of the deceased, the character of proof necessary to establish such claim will depend upon the value thereof. § 303.5 Conditions under which pay. ments will be made if over $100. If the amount standing to the credit of deceased amounts to the sum of $100 or more, payment will be made only to the executor or administrator of the estate, and upon the filing with the superintendent of a certified copy of letters of administration, or of the will as admitted to probate. § 303.6 Conditions under which payments will be made if under $100. If the amount due deceased is less than $100, the claimant or claimants shall present an affidavit stating that they are the next of kin of deceased, naming the relationship, and are his legal heirs, and as such entitled to the personal estate left by him; and that, to the best of their knowledge and belief, deceased left no will bequeathing such property to any other person. This affidavit must be corroborated by that of two disinterested credible witnesses, who must have known claimant for at least 1 year, and must testify that he is the person he represents himself to be, and that they have reason to believe that he bears to the deceased the relationship claimed by him. The superintendent may require such further evidence in any case as he deems necessary. Payment shall be made by check in favor of the person entitled thereto, or, if there are several heirs, the check may be made payable to all jointly: Provided, That if the heirs in their affidavit filed with the superintendent shall authorize one of their number to receive payment, the check shall be drawn in favor of the person so authorized: Provided also, That in case of payments due minor children, the check may be drawn in favor of their father, mother, or legal guardian. In cases where the amount due the heirs of deceased is less than $10, the superintendent may, in his discretion, waive the requirement of an affidavit from the claimant, or of the corroborative affidavit, or both; but in all such cases the claimant shall be required to make a written statement that he is the heir of the deceased. |