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25 U.S.C. § 1621d — Catastrophic Health Emergency Fund

Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 1621d — Catastrophic Health Emergency Fund

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Stable record: federal_law:legal_authorities:record_usc_6a5d30d56e78cbb0e56042b0
Source file: Laws/federal/codes/united-states-code/title-25/section-1621d-catastrophic-health-emergency-fund--1d76be3fea.md
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Source location: Title 25, Chapter 18, § 1621d; chapter-018-indian-health-care.md

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**(a) Establishment** There is established an Indian Catastrophic Health Emergency Fund (hereafter in this section referred to as the “CHEF”) consisting of— (1) the amounts deposited under subsection (f); and (2) the amounts appropriated to CHEF under this section. **(b) Administration** CHEF shall be administered by the Secretary, acting through the headquarters of the Service, solely for the purpose of meeting the extraordinary medical costs associated with the treatment of victims of disasters or catastrophic illnesses who are within the responsibility of the Service. **(c) Conditions on use of Fund** No part of CHEF or its administration shall be subject to contract or grant under any law, including the Indian Self-Determination and Education Assistance Act ([25 U.S.C. 450](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section450&num=0&edition=prelim) et seq.),11 See References in Text note below. nor shall CHEF funds be allocated, apportioned, or delegated on an Area Office, Service Unit, or other similar basis. **(d) Regulations** The Secretary shall promulgate regulations consistent with the provisions of this section to— (1) establish a definition of disasters and catastrophic illnesses for which the cost of the treatment provided under contract would qualify for payment from CHEF; (2) provide that a Service Unit shall not be eligible for reimbursement for the cost of treatment from CHEF until its cost of treating any victim of such catastrophic illness or disaster has reached a certain threshold cost which the Secretary shall establish at— (A) the 2000 level of $19,000; and (B) for any subsequent year, not less than the threshold cost of the previous year increased by the percentage increase in the medical care expenditure category of the consumer price index for all urban consumers (United States city average) for the 12-month period ending with December of the previous year; (3) establish a procedure for the reimbursement of the portion of the costs that exceeds such threshold cost incurred by— (A) Service Units; or (B) whenever otherwise authorized by the Service, non-Service facilities or providers; (4) establish a procedure for payment from CHEF in cases in which the exigencies of the medical circumstances warrant treatment prior to the authorization of such treatment by the Service; and (5) establish a procedure that will ensure that no payment shall be made from CHEF to any provider of treatment to the extent that such provider is eligible to receive payment for the treatment from any other Federal, State, local, or private source of reimbursement for which the patient is eligible. **(e) No offset or limitation** Amounts appropriated to CHEF under this section shall not be used to offset or limit appropriations made to the Service under the authority of [section 13 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section13&num=0&edition=prelim), or any other law. **(f) Deposit of reimbursement funds** There shall be deposited into CHEF all reimbursements to which the Service is entitled from any Federal, State, local, or private source (including third party insurance) by reason of treatment rendered to any victim of a disaster or catastrophic illness the cost of which was paid from CHEF.

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 5301 — Application of other sections of this chapter

**(a) Mandatory application** All provisions of sections 5305(b), 5306, 5307, 5321(c) and (d), 5323, 5324(k) and (l), 5325(a) through (k), and 5332 of this title and section 314 of Public Law 101–512 (coverage under chapter 171 of title 28, commonly known as the “Federal Tort Claims Act”), to the extent not in conflict with this subchapter, shall apply to compacts and funding agreements authorized by this subchapter. **(b) Discretionary application** At the request of a participating Indian tribe, any other provision of subchapter I of this chapter, to the extent such provision is not in conflict with this subchapter, shall be made a part of a funding agreement or compact entered into under this subchapter. The Secretary is obligated to include such provision at the option of the participating Indian tribe or tribes. If such provision is incorporated it shall have the same force and effect as if it were set out in full in this subchapter. In the event an Indian tribe requests such incorporation at the negotiation stage of a compact or funding agreement, such incorporation shall be deemed effective immediately and shall control the negotiation and resulting compact and funding agreement.

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25 U.S.C. § 450 — Transferred

### Statutory Notes #### Codification Section 458aaa–18 was editorially reclassified as [section 5399 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5399&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 13 — Expenditure of appropriations by Bureau

The Bureau of Indian Affairs, under the supervision of the Secretary of the Interior, shall direct, supervise, and expend such moneys as Congress may from time to time appropriate, for the benefit, care, and assistance of the Indians throughout the United States for the following purposes:

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 1644 — Treatment of payments under Social Security Act health benefits programs

**(a) Disregard of Medicare, Medicaid, and CHIP payments in determining appropriations** Any payments received by an Indian health program or by an urban Indian organization under title XVIII, XIX, or XXI of the Social Security Act [[42 U.S.C. 1395](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395&num=0&edition=prelim) et seq., 1396 et seq., 1397aa et seq.] for services provided to Indians eligible for benefits under such respective titles shall not be considered in determining appropriations for the provision of health care and services to Indians. **(b) Nonpreferential treatment** Nothing in this chapter authorizes the Secretary to provide services to an Indian with coverage under title XVIII, XIX, or XI 11 So in original. Probably should be “XXI”. of the Social Security Act in preference to an Indian without such coverage. **(c) Use of funds** (1) **Special fund** (A) *100 percent pass-through of payments due to facilities* — Notwithstanding any other provision of law, but subject to paragraph (2), payments to which a facility of the Service is entitled by reason of a provision of title XVIII or XIX of the Social Security Act [[42 U.S.C. 1395](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395&num=0&edition=prelim) et seq., 1396 et seq.] shall be placed in a special fund to be held by the Secretary. In making payments from such fund, the Secretary shall ensure that each Service unit of the Service receives 100 percent of the amount to which the facilities of the Service, for which such Service unit makes collections, are entitled by reason of a provision of either such title. (B) *Use of funds* — Amounts received by a facility of the Service under subparagraph (A) by reason of a provision of title

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 11701 — Findings

The Congress finds that: (1) Native Hawaiians comprise a distinct and unique indigenous people with a historical continuity to the original inhabitants of the Hawaiian archipelago whose society was organized as a Nation prior to the arrival of the first nonindigenous people in 1778. (2) The Native Hawaiian people are determined to preserve, develop and transmit to future generations their ancestral territory, and their cultural identity in accordance with their own spiritual and traditional beliefs, customs, practices, language, and social institutions. (3) The constitution and statutes of the State of Hawaii: (A) acknowledge the distinct land rights of Native Hawaiian people as beneficiaries of the public lands trust; and (B) reaffirm and protect the unique right of the Native Hawaiian people to practice and perpetuate their cultural and religious customs, beliefs, practices, and language. (4) At the time of the arrival of the first nonindigenous people in Hawaii in 1778, the Native Hawaiian people lived in a highly organized, self-sufficient, subsistence social system based on communal land tenure with a sophisticated language, culture, and religion. (5) A unified monarchical government of the Hawaiian Islands was established in 1810 under Kamehameha I, the first King of Hawaii. (6) Throughout the 19th century and until 1893, the United States: (A) recognized the independence of the Hawaiian Nation; (B) extended full and complete diplomatic recognition to the Hawaiian Government; and (C) entered into treaties and conventions with the Hawaiian monarchs to govern commerce and navigation in 1826, 1842, 1849, 1875 and 1887. (7) In the year 1893, the United States Minister assigned to the sovereign and independent Kingdom of Hawaii, John L. Stevens, conspired

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 11709 — Native Hawaiian health scholarships

**(a) Eligibility** Subject to the availability of funds appropriated under the authority of subsection (c) of this section, the Secretary shall provide funds through a direct grant or a cooperative agreement to Papa Ola Lokahi for the purpose of providing scholarship assistance to students who— (1) meet the requirements of paragraphs (1), (3), and (4) of section 254l(b) of this title, and (2) are Native Hawaiians. **(b) Terms and conditions** (1) The scholarship assistance provided under subsection (a) of this section shall be provided under the same terms and subject to the same conditions, regulations, and rules that apply to scholarship assistance provided under section 254l of this title, provided that— (A) the provision of scholarships in each type of health care profession training shall correspond to the need for each type of health care professional identified in the Native Hawaiian comprehensive health care master plan implemented under [section 11703 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11703&num=0&edition=prelim) to serve the Native Hawaiian health care systems, as identified by Papa Ola Lokahi; (B) the primary health services covered under the scholarship assistance program under this section shall be the services included under the definition of that term under [section 11711(8) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11711/8&num=0&edition=prelim); (C) to the maximum extent practicable, the Secretary shall select scholarship recipients from a list of eligible applicants submitted by the Papa Ola Lokahi; (D) the obligated service requirement for each scholarship recipient shall be fulfilled through the full-time clinical or nonclinical pr

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 1621d — Other authority for provision of services

Page 271 TITLE 25—INDIANS § 1621e 1 See References in Text note below. struck out at beginning ‘‘There are authorized to be ap- propriated such sums as may be necessary to carry out the provisions of this section.’’ § 1621d. Other authority for provision of services (a) Definitions In this section: (1) Assisted living service The term ‘‘assisted living service’’ means any service provided by an assisted living fa- cility (as defined in section 1715w(b) of title 12), except that such an assisted living facil- ity— (A) shall not be required to obtain a li- cense; but (B) shall meet all applicable standards for licensure. (2) Home- and community-based service The term ‘‘home- and community-based service’’ means 1 or more of the services speci- fied in paragraphs (1) through (9) of section 1396t(a) of title 42 (whether provided by the Service or by an Indian tribe or tribal organi- zation pursuant to the Indian Self-Determina- tion and Education Assistance Act (25 U.S.C. 450 et seq.)) 1 that are or will be provided in ac- cordance with applicable standards. (3) Hospice care The term ‘‘hospice care’’ means— (A) the items and services specified in sub- paragraphs (A) through (H) of section 1395x(dd)(1) of title 42; and (B) such other services as an Indian tribe or tribal organization determines are nec- essary and appropriate to provide in further- ance of that care. (4) Long-term care services The term ‘‘long-term care services’’ has the meaning given the term ‘‘qualified long-term care services’’ in section 7702B(c) of title 26. (b) Funding authorized The Secretary, acting through the Service, In- dian tribes, and tribal organizations, may pro- vide funding under this chapter to meet the ob- jectives set forth in section 1602 of this title

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 450 — Transferred

Page 141 TITLE 25—INDIANS § 450f Section was formerly classified to section 93 of Title 45, Railroads. § 443c. Transferred Editorial Notes CODIFICATION Section 443c was editorially reclassified as section 1684 of this title. § 443d. Transferred Editorial Notes CODIFICATION Section 443d was editorially reclassified as section 1685 of this title. §§ 444 to 449. Repealed. Aug. 5, 1954, ch. 658, § 5, 68 Stat. 675 Sections, act Apr. 3, 1952, ch. 129, §§ 1–6, 66 Stat. 35, re- lated to Indian hospital services and facilities. See sec- tion 2001 et seq. of Title 42, The Public Health and Wel- fare. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective July 1, 1959, see section 6 of act Aug. 5, 1954, set out as an Effective Date note under section 2001 of Title 42, The Public Health and Welfare. SUBCHAPTER II—INDIAN SELF-DETER- MINATION AND EDUCATION ASSISTANCE § 450. Transferred Editorial Notes CODIFICATION Section 450 was editorially reclassified as section 5301 of this title. § 450a. Transferred Editorial Notes CODIFICATION Section 450a was editorially reclassified as section 5302 of this title. § 450a–1. Transferred Editorial Notes CODIFICATION Section 450a–1 was editorially reclassified as section 5303 of this title. § 450b. Transferred Editorial Notes CODIFICATION Section 450b was editorially reclassified as section 5304 of this title. § 450c. Transferred Editorial Notes CODIFICATION Section 450c was editorially reclassified as section 5305 of this title. § 450d. Transferred Editorial Notes CODIFICATION Section 450d was editorially reclassified as section 5306 of this title. § 450e. Transferred Editorial Notes CODIFICATION Section 450e was editorially reclassified as section 5307 of this title. § 4

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