Browse Arkansas Code titles and sections
42 U.S.C. § 1396j — Indian Health Service facilities
Federal law — U.S. Code and appendices · legal_authorities
**(a) Eligibility for reimbursement for medical assistance** A facility of the Indian Health Service (including a hospital, nursing facility, or any other type of facility which provides services of a type otherwise covered under the State plan), whether operated by such Service or by an Indian tribe or tribal organization (as those terms are defined in [section 1603 of title 25](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1603&num=0&edition=prelim)), shall be eligible for reimbursement for medical assistance provided under a State plan if and for so long as it meets all of the conditions and requirements which are applicable generally to such facilities under this subchapter.
**(b) Facilities deemed to meet requirements upon submission of acceptable plan for achieving compliance** Notwithstanding subsection (a), a facility of the Indian Health Service (including a hospital, nursing facility, or any other type of facility which provides services of a type otherwise covered under the State plan) which does not meet all of the conditions and requirements of this subchapter which are applicable generally to such facility, but which submits to the Secretary within six months after September 30, 1976, an acceptable plan for achieving compliance with such conditions and requirements, shall be deemed to meet such conditions and requirements (and to be eligible for reimbursement under this subchapter), without regard to the extent of its actual compliance with such conditions and requirements, during the first twelve months after the month in which such plan is submitted.
**(c) Agreement to reimburse State agency for providing care and services** The Secretary is authorized to enter into agreements with the State agency for the purpose of reimb
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1396j
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: 8c6c1b3dc62a7a038cca42715a4115a9776587573f44cf3d47908f2136672d7c. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_909a1a72f220171040ae2bd6
Source file: Laws/federal/codes/united-states-code/title-42/section-1396j-indian-health-service-facilities--04a2dc42fc.md
Pages: Not recorded – Not recorded
Passage SHA-256: 8c4637c6d762fcc60347d6f1ccd27f72913ed71e3d41e75a983f001f1eb3702c
Source location: Title 42, Chapter 7, § 1396j; chapter-007-social-security.md
Stored source content
**(a) Eligibility for reimbursement for medical assistance** A facility of the Indian Health Service (including a hospital, nursing facility, or any other type of facility which provides services of a type otherwise covered under the State plan), whether operated by such Service or by an Indian tribe or tribal organization (as those terms are defined in [section 1603 of title 25](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1603&num=0&edition=prelim)), shall be eligible for reimbursement for medical assistance provided under a State plan if and for so long as it meets all of the conditions and requirements which are applicable generally to such facilities under this subchapter.
**(b) Facilities deemed to meet requirements upon submission of acceptable plan for achieving compliance** Notwithstanding subsection (a), a facility of the Indian Health Service (including a hospital, nursing facility, or any other type of facility which provides services of a type otherwise covered under the State plan) which does not meet all of the conditions and requirements of this subchapter which are applicable generally to such facility, but which submits to the Secretary within six months after September 30, 1976, an acceptable plan for achieving compliance with such conditions and requirements, shall be deemed to meet such conditions and requirements (and to be eligible for reimbursement under this subchapter), without regard to the extent of its actual compliance with such conditions and requirements, during the first twelve months after the month in which such plan is submitted.
**(c) Agreement to reimburse State agency for providing care and services** The Secretary is authorized to enter into agreements with the State agency for the purpose of reimbursing such agency for health care and services provided in Indian Health Service facilities to Indians who are eligible for medical assistance under the State plan.
**(d) Cross reference** For provisions relating to the authority of certain Indian tribes, tribal organizations, and Alaska Native health organizations to elect to directly bill for, and receive payment for, health care services provided by a hospital or clinic of such tribes or organizations and for which payment may be made under this subchapter, see [section 1645 of title 25](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1645&num=0&edition=prelim).11 See References in Text note below.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
Every bill or joint resolution in each House of Congress shall, when such bill or resolution passes either House, be printed, and such printed copy shall be called the engrossed bill or resolution as the case may be. Said engrossed bill or resolution shall be signed by the Clerk of the House or the Secretary of the Senate, and shall be sent to the other House, and in that form shall be dealt with by that House and its officers, and, if passed, returned signed by said Clerk or Secretary. When such bill, or joint resolution shall have passed both Houses, it shall be printed and shall then be called the enrolled bill, or joint resolution, as the case may be, and shall be signed by the presiding officers of both Houses and sent to the President of the United States. During the last six days of a session such engrossing and enrolling of bills and joint resolutions may be done otherwise than as above prescribed, upon the order of Congress by concurrent resolution.
Source: Supplied U.S. Code snapshot — release unconfirmed · 1 U.S.C. § 106
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Purposes** The purposes of this section are—
(1) to provide access to traditional foods in food service programs;
(2) to encourage increased consumption of traditional foods to decrease health disparities among Indians, particularly Alaska Natives; and
(3) to provide alternative food options for food service programs.
**(b) Definitions** In this section:
(1) **Alaska Native** — The term “Alaska Native” means a person who is a member of any Native village, Village Corporation, or Regional Corporation (as those terms are defined in [section 1602 of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1602&num=0&edition=prelim)).
(2) **Commissioner** — The term “Commissioner” means the Commissioner of Food and Drugs.
(3) **Food service program** — The term “food service program” includes—
(A) food service at residential child care facilities that have a license from an appropriate State agency;
(B) any child nutrition program (as that term is defined in [section 1769f(b) of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1769f/b&num=0&edition=prelim));
(C) food service at hospitals, clinics, and long-term care facilities; and
(D) senior meal programs.
(4) **Indian; Indian tribe** — The terms “Indian” and “Indian tribe” have the meanings given those terms in section 4 of the Indian Self-Determination and Education Assistance Act ([25 U.S.C. 450b](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section450b&num=0&edition=prelim)).11 See References in Text note below.
(5) **Traditional food**
(A) *In general* — The term “traditional food” means food that has traditionally been prepared and consumed by an Indian tribe.
(B) *Inclusions* — The term “traditi
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 1603
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) “Nursing facility” defined** In this subchapter, the term “nursing facility” means an institution (or a distinct part of an institution) which—
(1) is primarily engaged in providing to residents—
(A) skilled nursing care and related services for residents who require medical or nursing care,
(B) rehabilitation services for the rehabilitation of injured, disabled, or sick persons, or
(C) on a regular basis, health-related care and services to individuals who because of their mental or physical condition require care and services (above the level of room and board) which can be made available to them only through institutional facilities,
and is not primarily for the care and treatment of mental diseases;
(2) has in effect a transfer agreement (meeting the requirements of section 1395x(l) of this title) with one or more hospitals having agreements in effect under [section 1395cc of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395cc&num=0&edition=prelim); and
(3) meets the requirements for a nursing facility described in subsections (b), (c), and (d) of this section.
Such term also includes any facility which is located in a State on an Indian reservation and is certified by the Secretary as meeting the requirements of paragraph (1) and subsections (b), (c), and (d).
**(b) Requirements relating to provision of services**
(1) **Quality of life**
(A) *In general* — A nursing facility must care for its residents in such a manner and in such an environment as will promote maintenance or enhancement of the quality of life of each resident.
(B) *Quality assessment and assurance* — A nursing facility must maintain a quality assessment and assurance committee, consisting of the director of nursing services, a
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1396r
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Insofar as amounts are made available under law (including a provision of the Social Security Act [[42 U.S.C. 301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section301&num=0&edition=prelim) et seq.], 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. or other law, other than under [section 1644 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1644&num=0&edition=prelim)) to Indian tribes, tribal organizations, and urban Indian organizations for health benefits for Service beneficiaries, Indian tribes, tribal organizations, and urban Indian organizations may use such amounts to purchase health benefits coverage (including coverage for a service, or service within a contract health service delivery area, or any portion of a contract health service delivery area that would otherwise be provided as a contract health service) for such beneficiaries in any manner, including through—
(1) a tribally owned and operated health care plan;
(2) a State or locally authorized or licensed health care plan;
(3) a health insurance provider or managed care organization;
(4) a self-insured plan; or
(5) a high deductible or health savings account plan.
**(b) Financial need** The purchase of coverage under subsection (a) by an Indian tribe, tribal organization, or urban Indian organization may be based on the financial needs of such beneficiaries (as determined by the 1 or more Indian tribes being served based on a schedule of income levels developed or implemented by such 1 ore 22 So in original. Probably should be “or”. more In
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 1645
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
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
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Computation of amount** From the sums appropriated therefor, the Secretary (except as otherwise provided in this section) shall pay to each State which has a plan approved under this subchapter, for each quarter, beginning with the quarter commencing January 1, 1966—
(1) an amount equal to the Federal medical assistance percentage (as defined in [section 1396d(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396d/b&num=0&edition=prelim), subject to subsections (g) and (j) of this section and [section 1396r–4(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396r–4/f&num=0&edition=prelim)) of the total amount expended during such quarter as medical assistance under the State plan; plus
(2)
(A) an amount equal to 75 per centum of so much of the sums expended during such quarter (as found necessary by the Secretary for the proper and efficient administration of the State plan) as are attributable to compensation or training of skilled professional medical personnel, and staff directly supporting such personnel, of the State agency or any other public agency; plus
(B) notwithstanding paragraph (1) or subparagraph (A), with respect to amounts expended for nursing aide training and competency evaluation programs, and competency evaluation programs, described in [section 1396r(e)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396r/e/1&num=0&edition=prelim) (including the costs for nurse aides to complete such competency evaluation programs), regardless of whether the programs are provided in or outside nursing facilities or of the skill of the personnel involved in such programs, an amount equal to 50 percent (or, for calendar
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1396b
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 4219
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1396j
1 See References in Text note below.
skilled nursing facilities before, on, or after Oct. 30,
1972, but accepted by him on or after such date, see sec-
tion 249A(e) of Pub. L. 92–603, set out as an Effective
Date of 1972 Amendment note under section 1395cc of
this title.
§ 1396j. Indian Health Service facilities
(a) Eligibility for reimbursement for medical as-
sistance
A facility of the Indian Health Service (includ-
ing a hospital, nursing facility, or any other
type of facility which provides services of a type
otherwise covered under the State plan), wheth-
er operated by such Service or by an Indian tribe
or tribal organization (as those terms are de-
fined in section 1603 of title 25), shall be eligible
for reimbursement for medical assistance pro-
vided under a State plan if and for so long as it
meets all of the conditions and requirements
which are applicable generally to such facilities
under this subchapter.
(b) Facilities deemed to meet requirements upon
submission of acceptable plan for achieving
compliance
Notwithstanding subsection (a), a facility of
the Indian Health Service (including a hospital,
nursing facility, or any other type of facility
which provides services of a type otherwise cov-
ered under the State plan) which does not meet
all of the conditions and requirements of this
subchapter which are applicable generally to
such facility, but which submits to the Sec-
retary within six months after September 30,
1976, an acceptable plan for achieving compli-
ance with such conditions and requirements,
shall be deemed to meet such conditions and re-
quirements (and to be eligible for reimburse-
ment under this subchapter), without regard to
the extent of its actual c
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 1396j
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.