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42 U.S.C. § 11705 — Native Hawaiian health care systems
Federal law — U.S. Code and appendices · legal_authorities
**(a) Comprehensive health promotion, disease prevention, and primary health services**
(1)
(A) The Secretary, in consultation with Papa Ola Lokahi, may make grants to, or enter into contracts with, any qualified entity for the purpose of providing comprehensive health promotion and disease prevention services as well as primary health services to Native Hawaiians.
(B) In making grants and entering into contracts under this paragraph, the Secretary shall give preference to Native Hawaiian health care systems and Native Hawaiian organizations and, to the extent feasible, health promotion and disease prevention services shall be performed through Native Hawaiian health care systems.
(2) In addition to paragraph (1), the Secretary may make a grant to, or enter into a contract with, Papa Ola Lokahi for the purpose of planning Native Hawaiian health care systems to serve the health needs of Native Hawaiian communities on each of the islands of O’ahu, Moloka’i, Maui, Hawai’i, Lana’i, Kaua’i, and Ni’ihau in the State of Hawaii.
**(b) Qualified entity** An entity is a qualified entity for purposes of subsection (a)(1) if the entity is a Native Hawaiian health care system.
**(c) Services to be provided**
(1) Each recipient of funds under subsection (a)(1) shall provide the following services:
(A) outreach services to inform Native Hawaiians of the availability of health services;
(B) education in health promotion and disease prevention of the Native Hawaiian population by, wherever possible, Native Hawaiian health care practitioners, community outreach workers, counselors, and cultural educators;
(C) services of physicians, physicians’ assistants, nurse practitioners or other health professionals;
(D) immunizations;
(E) prevention and control of diabete
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Source location: Title 42, Chapter 122, § 11705; chapter-122-native-hawaiian-health-care.md
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**(a) Comprehensive health promotion, disease prevention, and primary health services**
(1)
(A) The Secretary, in consultation with Papa Ola Lokahi, may make grants to, or enter into contracts with, any qualified entity for the purpose of providing comprehensive health promotion and disease prevention services as well as primary health services to Native Hawaiians.
(B) In making grants and entering into contracts under this paragraph, the Secretary shall give preference to Native Hawaiian health care systems and Native Hawaiian organizations and, to the extent feasible, health promotion and disease prevention services shall be performed through Native Hawaiian health care systems.
(2) In addition to paragraph (1), the Secretary may make a grant to, or enter into a contract with, Papa Ola Lokahi for the purpose of planning Native Hawaiian health care systems to serve the health needs of Native Hawaiian communities on each of the islands of O’ahu, Moloka’i, Maui, Hawai’i, Lana’i, Kaua’i, and Ni’ihau in the State of Hawaii.
**(b) Qualified entity** An entity is a qualified entity for purposes of subsection (a)(1) if the entity is a Native Hawaiian health care system.
**(c) Services to be provided**
(1) Each recipient of funds under subsection (a)(1) shall provide the following services:
(A) outreach services to inform Native Hawaiians of the availability of health services;
(B) education in health promotion and disease prevention of the Native Hawaiian population by, wherever possible, Native Hawaiian health care practitioners, community outreach workers, counselors, and cultural educators;
(C) services of physicians, physicians’ assistants, nurse practitioners or other health professionals;
(D) immunizations;
(E) prevention and control of diabetes, high blood pressure, and otitis media;
(F) pregnancy and infant care; and
(G) improvement of nutrition.
(2) In addition to the mandatory services under paragraph (1), the following services may be provided pursuant to subsection (a)(1):
(A) identification, treatment, control, and reduction of the incidence of preventable illnesses and conditions endemic to Native Hawaiians;
(B) collection of data related to the prevention of diseases and illnesses among Native Hawaiians; and
(C) services within the meaning of the terms “health promotion”, “disease prevention”, and “primary health services”, as such terms are defined in [section 11711 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11711&num=0&edition=prelim), which are not specifically referred to in paragraph (1) of this subsection.
(3) The health care services referred to in paragraphs (1) and (2) which are provided under grants or contracts under subsection (a)(1) may be provided by traditional Native Hawaiian healers.
(4) **Health and education.—** — In order to enable privately funded organizations to continue to supplement public efforts to provide educational programs designed to improve the health, capability, and well-being of Native Hawaiians and to continue to provide health services to Native Hawaiians, notwithstanding any other provision of Federal or State law, it shall be lawful for the private educational organization identified in [section 7512(16) of title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7512/16&num=0&edition=prelim) (as such section was in effect on the day before December 10, 2015) to continue to offer its educational programs and services to Native Hawaiians (as defined in [section 7517 of title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7517&num=0&edition=prelim)) first and to others only after the need for such programs and services by Native Hawaiians has been met.
**(d) Limitation of number of entities** During a fiscal year, the Secretary under this chapter may make a grant to, or hold a contract with, not more than 5 Native Hawaiian health care systems.
**(e) Matching funds**
(1) The Secretary may not make a grant or provide funds pursuant to a contract under subsection (a)(1) to a Native Hawaiian health care system—
(A) in an amount exceeding 83.3 percent of the costs of providing health services under the grant or contract; and
(B) unless the Native Hawaiian health care system agrees that the Native Hawaiian health care system or the State of Hawaii will make available, directly or through donations to the Native Hawaiian health care system, non-Federal contributions toward such costs in an amount equal to not less than $1 (in cash or in kind under paragraph (2)) for each $5 of Federal funds provided in such grant or contract.
(2) Non-Federal contributions required in paragraph (1) may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government or services assisted or subsidized to any significant extent by the Federal Government may not be included in determining the amount of such non-Federal contributions.
(3) The Secretary may waive the requirement established in paragraph (1) if—
(A) the Native Hawaiian health care system involved is a nonprofit private entity described in subsection (b); and
(B) the Secretary, in consultation with Papa Ola Lokahi, determines that it is not feasible for the Native Hawaiian health care system to comply with such requirement.
**(f) Restriction on use of grant and contract funds** The Secretary may not make a grant to, or enter into a contract with, any entity under subsection (a)(1) unless the entity agrees that, amounts received pursuant to such subsection will not, directly or through contract, be expended—
(1) for any purpose other than the purposes described in subsection (c);
(2) to provide inpatient services;
(3) to make cash payments to intended recipients of health services; or
(4) to purchase or improve real property (other than minor remodeling of existing improvements to real property) or to purchase major medical equipment.
**(g) Limitation on charges for services** The Secretary may not make a grant, or enter into a contract with, any entity under subsection (a)(1) unless the entity agrees that, whether health services are provided directly or through contract—
(1) health services under the grant or contract will be provided without regard to ability to pay for the health services; and
(2) the entity will impose a charge for the delivery of health services, and such charge—
(A) will be made according to a schedule of charges that is made available to the public, and
(B) will be adjusted to reflect the income of the individual involved.
**(h) Authorization of appropriations**
(1) There are authorized to be appropriated such sums as may be necessary for fiscal years 1993 through 2019 to carry out subsection (a)(1).
(2) There are authorized to be appropriated such sums as may be necessary to carry out subsection (a)(2).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Agreements** In any case in which a negotiated rulemaking process is established under [section 6571(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6571/b&num=0&edition=prelim), all published proposed regulations shall conform to agreements that result from the rulemaking described in [section 6571 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6571&num=0&edition=prelim) unless the Secretary reopens the negotiated rulemaking process.
**(b) Records** The Secretary shall ensure that an accurate and reliable record of agreements reached during the negotiations process is maintained.
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 6301
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Federal law — U.S. Code and appendices · legal_authorities
For purposes of this chapter:
(1) **Disease prevention** — The term “disease prevention” includes—
(A) immunizations,
(B) control of high blood pressure,
(C) control of sexually transmittable diseases,
(D) prevention and control of diabetes,
(E) control of toxic agents,
(F) occupational safety and health,
(G) accident prevention,
(H) fluoridation of water,
(I) control of infectious agents, and
(J) provision of mental health care.
(2) **Health promotion** — The term “health promotion” includes—
(A) pregnancy and infant care, including prevention of fetal alcohol syndrome,
(B) cessation of tobacco smoking,
(C) reduction in the misuse of alcohol and drugs,
(D) improvement of nutrition,
(E) improvement in physical fitness,
(F) family planning,
(G) control of stress, and
(H) educational programs with the mission of improving the health, capability, and well-being of Native Hawaiians.
(3) **Native Hawaiian** — The term “Native Hawaiian” means any individual who is—
(A) a citizen of the United States, and
(B) a descendant of the aboriginal people, who prior to 1778, occupied and exercised sovereignty in the area that now constitutes the State of Hawaii, as evidenced by—
(i) genealogical records,
(ii) Kupuna (elders) or Kama’aina (long-term community residents) verification, or
(iii) birth records of the State of Hawaii.
(4) **Native Hawaiian health center** — The term “Native Hawaiian health center” means an entity—
(A) which is organized under the laws of the State of Hawaii,
(B) which provides or arranges for health care services through practitioners licensed by the State of Hawaii, where licensure requirements are applicable,
(C) which is a public or nonprofit private entity, and
(D)
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 11711
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Federal law — U.S. Code and appendices · legal_authorities
In this part:
(1) **Community consultation** — The term “community consultation” means a public gathering—
(A) to discuss Native Hawaiian education concerns; and
(B) about which the public has been given not less than 30 days notice.
(2) **Native Hawaiian** — The term “Native Hawaiian” means any individual who is—
(A) a citizen of the United States; and
(B) a descendant of the aboriginal people who, prior to 1778, occupied and exercised sovereignty in the area that now comprises the State of Hawaii, as evidenced by—
(i) genealogical records;
(ii) Kupuna (elders) or Kamaaina (long-term community residents) verification; or
(iii) certified birth records.
(3) **Native Hawaiian community-based organization** — The term “Native Hawaiian community-based organization” means any organization that is composed primarily of Native Hawaiians from a specific community and that assists in the social, cultural, and educational development of Native Hawaiians in that community.
(4) **Native Hawaiian educational organization** — The term “Native Hawaiian educational organization” means a private nonprofit organization that—
(A) serves the interests of Native Hawaiians;
(B) has Native Hawaiians in substantive and policymaking positions within the organization;
(C) incorporates Native Hawaiian perspective, values, language, culture, and traditions into the core function of the organization;
(D) has demonstrated expertise in the education of Native Hawaiian youth; and
(E) has demonstrated expertise in research and program development.
(5) **Native Hawaiian language** — The term “Native Hawaiian language” means the single Native American language indigenous to the original inhabitants of the State of Hawaii.
(6) **Native Hawaiian organization*
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 7517
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Federal law — U.S. Code and appendices · legal_authorities
The Congress finds the following:
(1) Federal health services to maintain and improve the health of the Indians are consonant with and required by the Federal Government’s historical and unique legal relationship with, and resulting responsibility to, the American Indian people.
(2) A major national goal of the United States is to provide the resources, processes, and structure that will enable Indian tribes and tribal members to obtain the quantity and quality of health care services and opportunities that will eradicate the health disparities between Indians and the general population of the United States.
(3) A major national goal of the United States is to provide the quantity and quality of health services which will permit the health status of Indians to be raised to the highest possible level and to encourage the maximum participation of Indians in the planning and management of those services.
(4) Federal health services to Indians have resulted in a reduction in the prevalence and incidence of preventable illnesses among, and unnecessary and premature deaths of, Indians.
(5) Despite such services, the unmet health needs of the American Indian people are severe and the health status of the Indians is far below that of the general population of the United States.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 1611
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Terms and conditions** The Secretary shall include in any grant made or contract entered into under this chapter such terms and conditions as the Secretary considers necessary or appropriate to ensure that the objectives of such grant or contract are achieved.
**(b) Periodic review** The Secretary shall periodically evaluate the performance of, and compliance with, grants and contracts under this chapter.
**(c) Administrative requirements** The Secretary may not make a grant or enter into a contract under this chapter with an entity unless the entity—
(1) agrees to establish such procedures for fiscal control and fund accounting as may be necessary to ensure proper disbursement and accounting with respect to the grant or contract;
(2) agrees to ensure the confidentiality of records maintained on individuals receiving health services under the grant or contract;
(3) with respect to providing health services to any population of Native Hawaiians, a substantial portion of which has a limited ability to speak the English language—
(A) has developed and has the ability to carry out a reasonable plan to provide health services under the grant or contract through individuals who are able to communicate with the population involved in the language and cultural context that is most appropriate; and
(B) has designated at least one individual, fluent in both English and the appropriate language, to assist in carrying out the plan;
(4) with respect to health services that are covered in the plan of the State of Hawaii approved under title XIX of the Social Security Act [[42 U.S.C. 1396](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396&num=0&edition=prelim) et seq.]—
(A) if the entity will provide under the grant or contract any s
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 11707
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Federal law — U.S. Code and appendices · legal_authorities
Page 8210
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 11704
purpose of coordinating, implementing and up-
dating a Native Hawaiian comprehensive health
care master plan designed to promote com-
prehensive health promotion and disease preven-
tion services and to maintain and improve the
health status of Native Hawaiians. The master
plan shall be based upon an assessment of the
health care status and health care needs of Na-
tive Hawaiians. To the extent practicable, as-
sessments made as of the date of such grant or
contract shall be used by Papa Ola Lokahi, ex-
cept that any such assessment shall be updated
as appropriate.
(b) Authorization of appropriations
There are authorized to be appropriated such
sums as may be necessary to carry out sub-
section (a).
(Pub. L. 100–579, § 4, Oct. 31, 1988, 102 Stat. 2916;
Pub. L. 100–690, title II, § 2304, Nov. 18, 1988, 102
Stat. 4223; Pub. L. 102–396, title IX, § 9168, Oct. 6,
1992, 106 Stat. 1948.)
Editorial Notes
CODIFICATION
The 1992 amendment is based on section 1 of S. 2681,
One Hundred Second Congress, as passed by the Senate
on Aug. 7, 1992, and enacted into law by section 9168 of
Pub. L. 102–396. Section 9168, which referred to S. 2681,
as passed by the Senate on ‘‘September 12, 1992’’, has
been treated as referring to S. 2681, as passed by the
Senate on Aug. 7, 1992, to reflect the probable intent of
Congress.
Pub. L. 100–579 and Pub. L. 100–690 enacted substan-
tially identical sections. The text of this section is
based on section 4 of Pub. L. 100–579, as subsequently
amended.
AMENDMENTS
1992—Pub. L. 102–396 amended section generally. Prior
to amendment, section related to Native Hawaiian
health centers.
§ 11704. Functions of Papa Ola Lokahi
(a) Responsibility
Papa Ola Lokahi shall be resp
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 11705
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.