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sealed bid; a statement that the sale is documents shall be sent by register to be held pursuant to the provisions of mail (or other safe means). the regulations in this part, that, if the (c) Persons receiving the money 2 articles are to be sold by sealed bid, the effects of a patient shall be required right to reject all bids is reserved, and execute an itemized receipt therefor that, if otherwise authorized, delivery will be made of effects or proceeds of

8 35.52 Delivery of possession on sales to persons filing claims prior to

title unaffected. the sale of effects or prior to the trans- Except for delivery of effects to e mittal of proceeds to the Surgeon Gen- chasers at sales held in accordas eral.

with $35.49, delivery or deposit unde (c) Time and place of sales. All sales this subpart of the money or effects. = shall be held at reasonable hours and the proceeds of a sale of the effects of at such places within the station or a deceased patient constitutes only : hospital area as the officer in charge transfer of possession and is not is may designate.

tended to affect in any manner the (d) Who shall conduct sales. All sales title to such money, effects, shall be conducted by the officer in proceeds. charge or by a responsible officer or employee designated by him.

Subpart E-Contributions for the (e) Sale and delivery. All effects of

Benefit of Patients fered for sale shall be sold to the highest bidder and delivered to him imme- AUTHORITY: Sec. 215, 58 Stat. 690, as amens diately upon payment of the sale price ed, 63 Stat. 835 (42 U.S.C. 216); sec. 321, in cash or by postal money order or Stat. 695, as amended, 62 Stat. 1017 (42 U.S.C certified check and execution of an ap

248). propriate receipt by the person to SOURCE: 42 FR 60742, Nov. 29, 1977, unless whom delivery is made.

otherwise noted. 8 35.50 Disposition of unsold effects. 8 35.61 Applicability.

The officer in charge shall dispose of This subpart sets forth the policies effects offered for sale but remaining and procedures governing the acceptunsold in such manner as he considers ance and administration of contributo be proper, but, if practicable, such tions of money or property intended effects shall be used for the benefit of solely for the benefit of all patients in other patients of the Service.

a ward or unit or a particular hospital

or station of the Public Health Service, 8 35.51 Manner of delivery; costs, re- excluding outpatient clinics. Such conceipts.

tributions are distinguishable from a (a) If a person entitled under this monies or other valuables belonging to subpart to receive the money and ef- specific patients which are accepted fects of a patient is unable to take pos- and held in custody for the convenience session thereof at the station or hos- of the patient until such time as he or pital, they shall be sent to him at the she wishes to withdraw them, and (b) expense of the United States in the gifts to the United States to support most economical manner available. Public Health Service functions under The records of the station or hospital section 501 of the Public Health Service shall show the names and addresses of Act or other statutory provisions, persons to whom money or effects have which may be accepted and adminisbeen sent, the date of sending, the tered only in accordance with such means used, an itemized list of the statutory provisions or other applicamoney or effects sent, and a statement ble laws. by a witnessing officer or employee verifying the foregoing from his own

835.62 Acceptance of contributions. observation.

(a) The officer in charge of a hospital (b) If not delivered personally by an or station or his delegate may accept authorized officer or employee of the contributions of money or personal Service, money, evidences of indebted- property which are donated for the ness, and other valuable papers and general benefit of all patients within

hospital or station (or a ward or au thereof) without further specifica1 or conditions as to use. Contribuis tendered subject to conditions by

donor, such as expenditure or use y on behalf of certain patients or for cific purposes, may not be accepted. ») Contribution of money or propy shall be accepted in writing.

1.63 Report of and accounting for

contributions. a) Contributions of money accepted rsuant to $35.62 (hereinafter referred

as “patient fund”) will be treated nsistently with Federal deposit rules d as supplemented with appropriate ocedures of the facility. This regulaon is not intended to exclude conibutions for the benefit of patients om proper accountability and control

funds and property. (b) Contributions of property accept1 pursuant to $35.62 shall be recorded ad accounted for in the same manner 3 other property of a similar kind laintained in the hospital or station, ut with suitable identification so that ; can be distinguished from governhent-owned property.

the patient fund. The names of officials so designated shall be provided to the relevant fiscal control office.

(c) Subject to availability of sufficient funds, monies in the patient fund may be expended for materials, services or activities which contribute to the well-being or morale of patients, including but not limited to provision of reading and entertainment materials, recreation activities, and, in appropriate cases, necessary financial support (including travel expenses, meals, and lodging) of relatives, guardians, or friends of patients to enable such persons to be available for the patient's comfort and support.

(d) Officers in charge may issue such additional instructions, not inconsistent with this subpart, as may be necessary to implement its provisions.


Subpart A-Purpose

Sec. 36.1 Purpose of the regulations. 36.2 Administrative Instructions.

Subpart B-What Services are Available and Who is Eligible to Receive Care?

35.64 Donors.

Authorized contributions may be ac:epted from patients, employees and other individuals, and agencies and organizations.

36.10 Definitions. 36.11 Services available. 36.12 Persons to whom health services will

be provided. 36.13 Authorization for contract health

services. 36.14 Reconsideration and appeals. 36.15 Health Service Delivery Areas. 36.16 Beneficiary Identification Cards and

verification of tribal membership.

Subpart C-(Reserved

Subpart D-Transition Provisions

$35.65 Acceptable personal property.

Contributions of personal property which may be accepted pursuant to 835.62 include, but are not limited to, recreational equipment, furniture, radios and television sets. After its useful life, any cash proceeds realized upon disposition of such property shall be deposited to the credit of the patient fund and shall be available for expenditure pursuant to $35.66(c). 835.66 Expenditure of cash contribu

tions. (a) Officials authorized to accept contributions shall not maintain control over the actual obligation or expenditure of such monies.

(b) Only those officers or employees specifically designated in writing by the officer in charge for such purpose may obligate and expend monies from

36.31 Transition period. 36.32 Delayed implementation. 36.33 Grace period. 36.34 Care and treatment of people losing


Subpart E-Preference in Employment

36.41 Definitions. 36.42 Appointment actions. 36.43 Application procedure for prefera



Title 42—PUBLIC HEALTH is composed of three volumes. The parts in these volumes are arranged in the following order: Parts 1-399, parts 400-429 and part 430 to end. The first volume (parts 1-399) contains current regulations issued under chapter 1-Public Health Service (HHS). The second volume (parts 400 429) includes regulations issued under chapter IV-Health Care Financing Administration (HHS) and the third volume (part 430 to end) contains the remaining regulations in chapter IV and the regulations issued under chapter V by the Office of Inspector General-Health Care (HHS). The contents of these volumes represent all current regulations codified under this title of the CFR as of October 1, 1996.

The OMB control numbers for the Health Care Financing Administration appear in $ 400.310 of chapter IV. For the convenience of the user subpart C consisting of $8 400.300_400.310 is reprinted in the Finding Aids section of the third volume.

Redesignation tables appear in the Finding Aids section of all volumes.

For this volume Steve Karsteter was Chief Editor. The Code of Federal Regulations publication program is under the direction of Richard L. Claypoole, assisted by Alomha S. Morris.


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