§ 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 payments 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.

§ 303.7 Rights of relative who has incurred expense for deceased.

Where the amount due is less than $100, and it appears that some particular relative of deceased has incurred expense in providing him with clothing, luxuries, etc., during his residence in the hospital, the amount of such expenditure, when proved to the satisfaction of the superintendent, will be repaid to such relative, notwithstanding he may not be the legal or sole heir of deceased: Provided, That the heirs shall consent thereto.

§ 303.8 Recognition of an administrator.

In all cases where an administrator has been actually appointed, irrespective of the amount due deceased, payment shall be made to such administrator: Provided, That where it appears that such a payment would work hardship upon any near relative of the deceased, and the administrator was appointed in some jurisdiction outside of the District of Columbia, the superintendent may require ancillary letters of administration to be taken out in said District before making payment; or he may, in his discretion, make payment to such other person, having an interest in the estate of the deceased, as may be appointed administrator in said District, notwithstanding some other person may have previously been appointed in some other jurisdiction.

§ 303.9 Application of the statute of distributions of the District of Columbia.

For the purpose of determining the legal heirs of deceased, where the amount is less than $100 and no administrator has been appointed, the deceased shall be considered a resident of the District of Columbia, and payment shall be made according to the statute of distributions of said District (subchapter 8, chapter 5 of the Code of Laws for the District of Columbia), except as provided in § 303.7; and excepting that payment may be made to the heirs direct, the appointment of an administrator not being necessary.

PART 304-VOLUNTARY PATIENTS Sec.

804.1 Admission; application, examination. 304.2 Admission; determination of admissibility, notice, certificate of reimbursement.

Sec. 304.3

304.4 304.5

Release and unauthorized absence; temporary release, permanent release, unauthorized absence. Discharge.

Change of patients' status; reports. AUTHORITY: The provisions of this Part 304 issued under 62 Stat. 572.

SOURCE: The provisions of this Part 304 appear at 13 F.R. 4819, Aug. 20, 1948, unless otherwise noted.

§ 304.1 Admission; application, examination.

(a) Any person making application, or on whose behalf application is made, for admission to the Hospital as a voluntary patient shall be examined by a Clinical Director or any other physician of the Hospital specially designated by the Superintendent to perform the examination. All applications shall be in writing and on a form prescribed by the Superintendent.

(b) The examining physician shall attach to the application a statement of his opinion of the need of the person examined for mental care and treatment in a mental hospital. When the application is made by a person on his own behalf, the examining physician shall also state whether in his judgment the applicant is mentally competent to make application for admission.

§ 304.2 Admission; determination of admissibility, notice, certificate of reimbursement.

(a) Upon receipt of the application, the Superintendent shall determine whether the person involved may be admitted as a voluntary patient and promptly notify the applicant what disposition has been made of the application. In making his determination the Superintendent may require such further examinations to be made as he may consider necessary.

(b) No person, although otherwise admissible, shall be admitted as a voluntary patient unless the Department of Public Health of the District of Columbia shall have certified to the Superintendent that it will reimburse the Hospital the cost of caring for the person involved.

§ 304.3 Release and unauthorized absence; temporary release, permanent release, unauthorized absence. (a) A voluntary patient may leave the Hospital in trial visit status for a period

not exceeding six months upon approval of the Superintendent and may be permitted to return as a voluntary patient within that period on the basis of the original certification.

(b) Requests for release of a voluntary patient, whether made by the patient or by another person on his behalf, shall be in writing and on a form prescribed by the Superintendent. Requests for release of a voluntary patient may be withdrawn in writing and on a form prescribed by the Superintendent. Receipt of notice of withdrawal shall nullify any previously received request for release.

(c) Physicians and nurses of the Hospital shall assist voluntary patients in the preparation of requests for release or withdrawals of such requests and shall transmit them to the Superintendent without delay.

(d) In the discretion of the Superintendent, a voluntary patient who leaves the Hospital without permission or who, having been permitted to leave temporarily, fails to return within the time required may (1) be readmitted or (2) be refused readmission and given an opportunity to reapply for admission as an original applicant.

[13 F.R. 4819, Aug. 20, 1948, as amended at 23 F.R. 5274, July 1, 1958]

An autopsy may be performed on the body of a deceased patient by direction of the superintendent of the Hospital or of an officer or employee of the Hospital designated by him where consented to in writing (a) by the surviving spouse of the decedent; or, if none such, (b) by the next of kin in the order of their relation: Provided, That where consent is granted by a member of a class of relatives consisting of more than one person, the consent of all members of such class shall be obtained. Documents embodying consent shall be made a part of the clinical record.