42 USC 1395 - 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. (f), was amended generally by section 10221(a) of title X of Puspan. L. 111–148, 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.

Codification

Puspan. L. 111–148, § 10221(a), enacted into law S. 1790, One Hundred Eleventh Congress, as reported by the Committee on Indian Affairs of the Senate in Dec. 2009, “[e]xcept as provided in” section 10221(span) of Puspan. L. 111–148. Section 201(a) of S. 1790 would have amended this section but was stricken out by section 10221(span)(4) of Puspan. L. 111–148.

Amendments

2010—Subsec. (e)(1)(A). Puspan. L. 111–148, § 2902(a), substituted “on or after” for “during the 5-year period beginning on”.

2003—Subsec. (e)(1)(A). Puspan. L. 108–173 inserted “(and for items and services furnished during the 5-year period beginning on January 1, 2005, all items and services for which payment may be made under part B)” after “for services described in paragraph (2)”.

2000—Subsec. (e). Puspan. L. 106–554, § 1(a)(6) [title IV, § 432(a)(2)], added subsec. (e). Former subsec. (e) redesignated (f).

Puspan. L. 106–417 added subsec. (e).

Subsec. (f). Puspan. L. 106–554, § 1(a)(6) [title IV, § 432(a)(1)], redesignated subsec. (e) as (f).

1992—Subsec. (d). Puspan. L. 102–573 made technical amendment to the reference to section 1671 of title 25 to reflect renumbering of corresponding section of original act.

Statutory Notes and Related Subsidiaries

Effective Date of 2010 Amendment

Puspan. L. 111–148, title II, § 2902(span), Mar. 23, 2010, 124 Stat. 333, provided that:

“The amendments made by this section [amending this section] shall apply to items or services furnished on or after January 1, 2010.”

Effective Date of 2000 Amendment

Amendment by section 1(a)(6) [title IV, § 432(a)] of Puspan. L. 106–554 applicable to services furnished on or after July 1, 2001, see section 1(a)(6) [title IV, § 432(c)] of Puspan. L. 106–554, set out as a note under section 1395u of this title.

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.

Medicare Payments Not Considered in Determining Appropriations for Indian Health Care

Puspan. L. 94–437, title IV, § 401(c), Sept. 30, 1976, 90 Stat. 1409, provided that any payments received for services provided to beneficiaries under this section were not to be considered in determining appropriations for health care and services to Indians, prior to the general amendment of section 401 of Puspan. L. 94–437 by Puspan. L. 102–573, title IV, § 401(a), 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.

Preference in Services for Indians With Medicare Coverage Not Authorized

Puspan. L. 94–437, title IV, § 401(d), Sept. 30, 1976, 90 Stat. 1409, which provided that nothing in this section authorized the Secretary to provide services to an Indian beneficiary with coverage under this subchapter, in preference to an Indian beneficiary without such coverage, prior to the general amendment of section 401 of Puspan. L. 94–437 by Puspan. L. 102–573, title IV, § 401(a), Oct. 29, 1992, 106 Stat. 4565. Similar provisions are contained in section 401(span) of Puspan. L. 94–437, which is classified to section 1641(span) of Title 25, Indians.