Collapse to view only § 1662. Automated management information system
- § 1661. Establishment of the Indian Health Service as an agency of the Public Health Service
- § 1662. Automated management information system
- § 1663. Office of Direct Service Tribes
- § 1663a. Nevada Area Office
§ 1661. Establishment of the Indian Health Service as an agency of the Public Health Service
(a) Establishment
(1) In general
(2) Director
(3) Incumbent
(4) Advocacy and consultationThe position of Director is established to, in a manner consistent with the government-to-government relationship between the United States and Indian Tribes—
(A) facilitate advocacy for the development of appropriate Indian health policy; and
(B) promote consultation on matters relating to Indian health.
(b) Agency
(c) DutiesThe Director shall—
(1) perform all functions that were, on the day before March 23, 2010, carried out by or under the direction of the individual serving as Director of the Service on that day;
(2) perform all functions of the Secretary relating to the maintenance and operation of hospital and health facilities for Indians and the planning for, and provision and utilization of, health services for Indians, including by ensuring that all agency directors, managers, and chief executive officers have appropriate and adequate training, experience, skill levels, knowledge, abilities, and education (including continuing training requirements) to competently fulfill the duties of the positions and the mission of the Service;
(3) administer all health programs under which health care is provided to Indians based upon their status as Indians which are administered by the Secretary, including programs under—
(A) this chapter;
(B)section 13 of this title;
(C) the Act of August 5, 1954 (42 U.S.C. 2001 et seq.);
(D) the Act of August 16, 1957 (42 U.S.C. 2005 et seq.); and
(E) the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.); 1
1 See References in Text note below.
(4) administer all scholarship and loan functions carried out under subchapter I;
(5) directly advise the Secretary concerning the development of all policy- and budget-related matters affecting Indian health;
(6) collaborate with the Assistant Secretary for Health concerning appropriate matters of Indian health that affect the agencies of the Public Health Service;
(7) advise each Assistant Secretary of the Department concerning matters of Indian health with respect to which that Assistant Secretary has authority and responsibility;
(8) advise the heads of other agencies and programs of the Department concerning matters of Indian health with respect to which those heads have authority and responsibility;
(9) coordinate the activities of the Department concerning matters of Indian health; and
(10) perform such other functions as the Secretary may designate.
(d) Authority
(1) In generalThe Secretary, acting through the Director, shall have the authority—
(A) except to the extent provided for in paragraph (2), to appoint and compensate employees for the Service in accordance with title 5;
(B) to enter into contracts for the procurement of goods and services to carry out the functions of the Service; and
(C) to manage, expend, and obligate all funds appropriated for the Service.
(2) Personnel actions
(Pub. L. 94–437, title VI, § 601, as added Pub. L. 100–713, title VI, § 601(a), Nov. 23, 1988, 102 Stat. 4824; amended Pub. L. 102–573, title VI, §§ 601, 602(a)(1), (c), title IX, § 902(6), (7), Oct. 29, 1992, 106 Stat. 4571, 4592; Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)
§ 1662. Automated management information system
(a) Establishment
(1) The Secretary shall establish an automated management information system for the Service.
(2) The information system established under paragraph (1) shall include—
(A) a financial management system,
(B) a patient care information system for each area served by the Service,
(C) a privacy component that protects the privacy of patient information held by, or on behalf of, the Service, and
(D) a services-based cost accounting component that provides estimates of the costs associated with the provision of specific medical treatments or services in each area office of the Service.
(b) Provision to Indian tribes and organizations; reimbursement
(1) The Secretary shall provide each Indian tribe and tribal organization that provides health services under a contract entered into with the Service under the Indian Self-Determination Act [25 U.S.C. 5321 et seq.] automated management information systems which—
(A) meet the management information needs of such Indian tribe or tribal organization with respect to the treatment by the Indian tribe or tribal organization of patients of the Service, and
(B) meet the management information needs of the Service.
(2) The Secretary shall reimburse each Indian tribe or tribal organization for the part of the cost of the operation of a system provided under paragraph (1) which is attributable to the treatment by such Indian tribe or tribal organization of patients of the Service.
(3) The Secretary shall provide systems under paragraph (1) to Indian tribes and tribal organizations providing health services in California by no later than September 30, 1990.
(c) Access to records
(Pub. L. 94–437, title VI, § 602, as added Pub. L. 100–713, title VI, § 601(a), Nov. 23, 1988, 102 Stat. 4825; amended Pub. L. 102–573, title IX, § 901(3), Oct. 29, 1992, 106 Stat. 4591.)
§ 1663. Office of Direct Service Tribes
(a) Establishment
(b) Treatment
(c) Duties
The Office of Direct Service Tribes shall be responsible for—
(1) providing Service-wide leadership, guidance and support for direct service tribes to include strategic planning and program evaluation;
(2) ensuring maximum flexibility to tribal health and related support systems for Indian beneficiaries;
(3) serving as the focal point for consultation and participation between direct service tribes and organizations and the Service in the development of Service policy;
(4) holding no less than biannual consultations with direct service tribes in appropriate locations to gather information and aid in the development of health policy; and
(5) directing a national program and providing leadership and advocacy in the development of health policy, program management, budget formulation, resource allocation, and delegation support for direct service tribes.
(Pub. L. 94–437, title VI, § 603, as added Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)
§ 1663a. Nevada Area Office
(a) In general
(b) Failure to submit plan
(1) Definition of operations funds
In this subsection, the term “operations funds” means only the funds used for—
(A) the administration of services, including functional expenses such as overtime, personnel salaries, and associated benefits; or
(B) related tasks that directly affect the operations described in subparagraph (A).
(2) Withholding of funds
(3) Restoration
(Pub. L. 94–437, title VI, § 604, as added Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)