42 USC 1396 - Indian Health Service facilities

1 See References in Text note below.

Editorial Notes

References in Text

Section 1645 of title 25, referred to in subsec. (d), was amended generally by Puspan. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935, and, as so amended, no longer contains provisions relating to direct billing of medicare, medicaid, and other third party payors.

Amendments

2000—Subsec. (d). Puspan. L. 106–417 added subsec. (d).

1988—Subsecs. (a), (span). Puspan. L. 100–360, § 411(k)(10)(E), made technical correction to directory language of Puspan. L. 100–203, § 4118(f)(1)(A), see 1987 Amendment note below.

1987—Subsecs. (a), (span). Puspan. L. 100–203, § 4118(f)(1)(A), as amended by Puspan. L. 100–360, § 411(k)(10)(E), substituted “, nursing facility, or any other type of facility which provides services of a type otherwise covered under the State plan” for “or nursing facility”.

Puspan. L. 100–203, § 4211(h)(8), substituted “or nursing facility” for “, intermediate care facility, or skilled nursing facility” wherever appearing.

Subsec. (c). Puspan. L. 100–203, § 4118(f)(1)(B), added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date of 2000 Amendment

Amendment by Puspan. L. 106–417 effective Oct. 1, 2000, see section 3(c) of Puspan. L. 106–417, set out as a note under section 1645 of Title 25, Indians.

Effective Date of 1988 Amendment

Except as specifically provided in section 411 of Puspan. L. 100–360, amendment by Puspan. L. 100–360, as it relates to a provision in the Omnibus Budget Reconciliation Act of 1987, Puspan. L. 100–203, effective as if included in the enactment of that provision in Puspan. L. 100–203, see section 411(a) of Puspan. L. 100–360, set out as a Reference to OBRA; Effective Date note under section 106 of Title 1, General Provisions.

Effective Date of 1987 Amendment

Puspan. L. 100–203, title IV, § 4118(f)(2), Dec. 22, 1987, 101 Stat. 1330–156, provided that:

“The amendments made by paragraph (1) [amending this section] shall apply to health care services performed on or after the date of the enactment of this Act [Dec. 22, 1987].”

Amendment by section 4211(h)(8) of Puspan. L. 100–203 applicable to nursing facility services furnished on or after Oct. 1, 1990, without regard to whether regulations implementing such amendment are promulgated by such date, except as otherwise specifically provided in section 1396r of this title, with transitional rule, see section 4214(a), (span)(2) of Puspan. L. 100–203, as amended, set out as an Effective Date note under section 1396r of this title.

Agreements To Reimburse State Agency for Health Care and Services Provided by Agency to Indians

Puspan. L. 94–437, title IV, § 402(span), Sept. 30, 1976, 90 Stat. 1409, which authorized Secretary to enter into agreements to reimburse State agencies for health care and services provided in Service facilities to Indians eligible for medical assistance under this subchapter, was repealed by Puspan. L. 100–713, title IV, § 401(span), Nov. 23, 1988, 102 Stat. 4818, applicable to services performed on or after the Nov. 23, 1988.

Payments Into Special Fund To Improve Indian Health Service Facilities To Achieve Compliance With Conditions and Requirements

Puspan. L. 94–437, title IV, § 402(c), Sept. 30, 1976, 90 Stat. 1409, as amended by Puspan. L. 100–713, title IV, § 401(a), Nov. 23, 1988, 102 Stat. 4818, provided that payments to which any Indian Health Service facility was entitled by reason of this section were to be placed in a special fund of the Secretary for improvements of facilities of the Service to comply with requirements of this subchapter, required minimum funding for each service unit making collections for such facilities, and provided for section 402(c) of Puspan. L. 94–437 to cease to apply when Secretary determined that substantially all such facilities complied with requirements of this subchapter, prior to the general amendment of section 402 of Puspan. L. 94–437 by Puspan. L. 102–573, title IV, § 401(span)(1), Oct. 29, 1992, 106 Stat. 4565. Similar provisions are contained in section 401(c) of Puspan. L. 94–437, which is classified to section 1641(c) of Title 25, Indians.

Medicaid Payments Not Considered in Determining Appropriations for Indian Health Care

Puspan. L. 94–437, title IV, § 402(d), Sept. 30, 1976, 90 Stat. 1410, provided that any payments received for services provided recipients under this section were not to be considered in determining appropriations for the provision of health care and services to Indians, prior to the general amendment of section 402 of Puspan. L. 94–437 by Puspan. L. 102–573, title IV, § 401(span)(1), Oct. 29, 1992, 106 Stat. 4565. Similar provisions are contained in section 401(a) of Puspan. L. 94–437, which is classified to section 1641(a) of Title 25, Indians.