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sealed bid; a statement that the sale is to be held pursuant to the provisions of the regulations in this part, that, if the articles are to be sold by sealed bid, the right to reject all bids is reserved, and that, if otherwise authorized, delivery will be made of effects or proceeds of sales to persons filing claims prior to the sale of effects or prior to the transmittal of proceeds to the Surgeon General.

(c) Time and place of sales. All sales shall be held at reasonable hours and at such places within the station or hospital area as the officer in charge may designate.

(d) Who shall conduct sales. All sales shall be conducted by the officer in charge or by a responsible officer or employee designated by him.

(e) Sale and delivery. All effects offered for sale shall be sold to the highest bidder and delivered to him immediately upon payment of the sale price in cash or by postal money order or certified check and execution of an appropriate receipt by the person to whom delivery is made.

$35.50 Disposition of unsold effects.

The officer in charge shall dispose of effects offered for sale but remaining unsold in such manner as he considers to be proper, but, if practicable, such effects shall be used for the benefit of other patients of the Service.

§ 35.51 Manner of delivery; costs, receipts.

(a) If a person entitled under this subpart to receive the money and effects of a patient is unable to take possession thereof at the station or hospital, they shall be sent to him at the expense of the United States in the most economical manner available. The records of the station or hospital shall show the names and addresses of persons to whom money or effects have been sent, the date of sending, the means used, an itemized list of the money or effects sent, and a statement by a witnessing officer or employee verifying the foregoing from his own observation.

(b) If not delivered personally by an authorized officer or employee of the Service, money, evidences of indebtedness, and other valuable papers and

documents shall be sent by register mail (or other safe means).

(c) Persons receiving the money effects of a patient shall be required execute an itemized receipt therefor. $35.52 Delivery of possession only title unaffected.

Except for delivery of effects to pu chasers at sales held in accordate with $35.49, delivery or deposit unde this subpart of the money or effects, the proceeds of a sale of the effects, d a deceased patient constitutes only transfer of possession and is not tended to affect in any manner the title to such money, effects, proceeds.

Subpart E-Contributions for the Benefit of Patients

AUTHORITY: Sec. 215, 58 Stat. 690, as amend ed, 63 Stat. 835 (42 U.S.C. 216); sec. 321, Stat. 695, as amended, 62 Stat. 1017 (42 U.S.C. 248).

SOURCE: 42 FR 60742, Nov. 29, 1977, unless otherwise noted.

$35.61 Applicability.

This subpart sets forth the policies and procedures governing the acceptance and administration of contributions of money or property intended solely for the benefit of all patients in a ward or unit or a particular hospital or station of the Public Health Service. excluding outpatient clinics. Such contributions are distinguishable from (a) monies or other valuables belonging to specific patients which are accepted and held in custody for the convenience of the patient until such time as he or she wishes to withdraw them, and (b) gifts to the United States to support Public Health Service functions under section 501 of the Public Health Service Act or other statutory provisions, which may be accepted and administered only in accordance with such statutory provisions or other applicable laws.

§ 35.62 Acceptance of contributions.

(a) The officer in charge of a hospital | or station or his delegate may accept | contributions of money or personal property which are donated for the general benefit of all patients within

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hospital or station (or a ward or thereof) without further specificaor conditions as to use. Contribuis tendered subject to conditions by *≈ donor, such as expenditure or use

y on behalf of certain patients or for ofcific purposes, may not be accepted. d) Contribution of money or propBy shall be accepted in writing.

5.63 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 regula>n is not intended to exclude conibutions for the benefit of patients bom proper accountability and control Pore funds and property.

(b) Contributions of property acceptpursuant to §35.62 shall be recorded nd accounted for in the same manner 3 other property of a similar kind aintained in the hospital or station, ut with suitable identification so that ; can be distinguished from governnent-owned property.

35.64 Donors.

Authorized contributions may be acSepted from patients, employees and other individuals, and agencies and oryanizations.

$35.65 Acceptable personal property.

Contributions of personal property which may be accepted pursuant to §35.62 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).

§35.66 Expenditure of cash contributions.

(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

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.

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THIS TITLE

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 I-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, 1995. 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 §§ 400.300-400.310 is reprinted in the Finding Aids section of the third vol

ume.

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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