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25 U.S.C. § 1647d — Nondiscrimination under Federal health care programs in qualifications for reimbursement for services
Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirement to satisfy generally applicable participation requirements**
(1) **In general** — A Federal health care program must accept an entity that is operated by the Service, an Indian tribe, tribal organization, or urban Indian organization as a provider eligible to receive payment under the program for health care services furnished to an Indian on the same basis as any other provider qualified to participate as a provider of health care services under the program if the entity meets generally applicable State or other requirements for participation as a provider of health care services under the program.
(2) **Satisfaction of State or local licensure or recognition requirements** — Any requirement for participation as a provider of health care services under a Federal health care program that an entity be licensed or recognized under the State or local law where the entity is located to furnish health care services shall be deemed to have been met in the case of an entity operated by the Service, an Indian tribe, tribal organization, or urban Indian organization if the entity meets all the applicable standards for such licensure or recognition, regardless of whether the entity obtains a license or other documentation under such State or local law. In accordance with [section 1621t of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1621t&num=0&edition=prelim), the absence of the licensure of a health professional employed by such an entity under the State or local law where the entity is located shall not be taken into account for purposes of determining whether the entity meets such standards, if the professional is licensed in another State.
**(b) Application of exclusion from participation in Federal health care
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Source file: Laws/federal/codes/united-states-code/title-25/section-1647d-nondiscrimination-under-federal-health-care-programs-in-qualifications-f--e12d07d9bd.md
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Source location: Title 25, Chapter 18, § 1647d; chapter-018-indian-health-care.md
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**(a) Requirement to satisfy generally applicable participation requirements**
(1) **In general** — A Federal health care program must accept an entity that is operated by the Service, an Indian tribe, tribal organization, or urban Indian organization as a provider eligible to receive payment under the program for health care services furnished to an Indian on the same basis as any other provider qualified to participate as a provider of health care services under the program if the entity meets generally applicable State or other requirements for participation as a provider of health care services under the program.
(2) **Satisfaction of State or local licensure or recognition requirements** — Any requirement for participation as a provider of health care services under a Federal health care program that an entity be licensed or recognized under the State or local law where the entity is located to furnish health care services shall be deemed to have been met in the case of an entity operated by the Service, an Indian tribe, tribal organization, or urban Indian organization if the entity meets all the applicable standards for such licensure or recognition, regardless of whether the entity obtains a license or other documentation under such State or local law. In accordance with [section 1621t of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1621t&num=0&edition=prelim), the absence of the licensure of a health professional employed by such an entity under the State or local law where the entity is located shall not be taken into account for purposes of determining whether the entity meets such standards, if the professional is licensed in another State.
**(b) Application of exclusion from participation in Federal health care programs**
(1) **Excluded entities** — No entity operated by the Service, an Indian tribe, tribal organization, or urban Indian organization that has been excluded from participation in any Federal health care program or for which a license is under suspension or has been revoked by the State where the entity is located shall be eligible to receive payment or reimbursement under any such program for health care services furnished to an Indian.
(2) **Excluded individuals** — No individual who has been excluded from participation in any Federal health care program or whose State license is under suspension shall be eligible to receive payment or reimbursement under any such program for health care services furnished by that individual, directly or through an entity that is otherwise eligible to receive payment for health care services, to an Indian.
(3) **Federal health care program defined** — In this subsection, the term,11 So in original. The comma probably should not appear. “Federal health care program” has the meaning given that term in [section 1320a–7b(f) of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1320a–7b/f&num=0&edition=prelim), except that, for purposes of this subsection, such term shall include the health insurance program under chapter 89 of title 5.
**(c) Related provisions** For provisions related to nondiscrimination against providers operated by the Service, an Indian tribe, tribal organization, or urban Indian organization, see section 1320b–9(c) 22 See References in Text note below. of title 42.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Agreements with States for Medicaid and CHIP outreach on or near reservations to increase the enrollment of Indians in those programs**
(1) **In general** — In order to improve the access of Indians residing on or near a reservation to obtain benefits under the Medicaid and State children’s health insurance programs established under subchapters XIX and XXI, the Secretary shall encourage the State to take steps to provide for enrollment on or near the reservation. Such steps may include outreach efforts such as the outstationing of eligibility workers, entering into agreements with the Indian Health Service, Indian Tribes, Tribal Organizations, and Urban Indian Organizations to provide outreach, education regarding eligibility and benefits, enrollment, and translation services when such services are appropriate.
(2) **Construction** — Nothing in paragraph (1) shall be construed as affecting arrangements entered into between States and the Indian Health Service, Indian Tribes, Tribal Organizations, or Urban Indian Organizations for such Service, Tribes, or Organizations to conduct administrative activities under such subchapters.
**(b) Requirement to facilitate cooperation** The Secretary, acting through the Centers for Medicare & Medicaid Services, shall take such steps as are necessary to facilitate cooperation with, and agreements between, States and the Indian Health Service, Indian Tribes, Tribal Organizations, or Urban Indian Organizations with respect to the provision of health care items and services to Indians under the programs established under subchapter XIX or XXI.
**(c) Definition of Indian; Indian Tribe; Indian Health Program; Tribal Organization; Urban Indian Organization** For purposes of this section, subchapter XIX, and subchapter XXI, the te
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1320b–9
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Grants authorized** The Secretary, acting through the Service, and after consultation with the Centers for Disease Control and Prevention, may make grants available to Indian tribes and tribal organizations for the following:
(1) Projects for the prevention, control, and elimination of communicable and infectious diseases, including tuberculosis, hepatitis, HIV, respiratory syncytial virus, hanta virus, sexually transmitted diseases, and H. pylori.
(2) Public information and education programs for the prevention, control, and elimination of communicable and infectious diseases.
(3) Education, training, and clinical skills improvement activities in the prevention, control, and elimination of communicable and infectious diseases for health professionals, including allied health professionals.
(4) Demonstration projects for the screening, treatment, and prevention of hepatitis C virus (HCV).
**(b) Application required** The Secretary may provide funding under subsection (a) only if an application or proposal for funding is submitted to the Secretary.
**(c) Coordination with health agencies** Indian tribes and tribal organizations receiving funding under this section are encouraged to coordinate their activities with the Centers for Disease Control and Prevention and State and local health agencies.
**(d) Technical assistance; report** In carrying out this section, the Secretary—
(1) may, at the request of an Indian tribe or tribal organization, provide technical assistance; and
(2) shall prepare and submit a report to Congress biennially on the use of funds under this section and on the progress made toward the prevention, control, and elimination of communicable and infectious diseases among Indians and urban Indians.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 1621t
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Federal law — U.S. Code and appendices · legal_authorities
Page 309
TITLE 25—INDIANS
§ 1651
1 See References in Text note below.
2 So in original. Probably should be paragraphs ‘‘(1) through
(3).’’.
§ 1647c. General exceptions
The requirements of this subchapter shall not
apply to any excepted benefits described in para-
graph (1)(A) or (3) of section 300gg–91(c) of title
42.
(Pub. L. 94–437, title IV, § 410, as added Pub. L.
111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat.
935.)
Editorial Notes
CODIFICATION
Section 410 of Pub. L. 94–437 is based on section 158 of
title I of S. 1790, One Hundred Eleventh Congress, as re-
ported by the Committee on Indian Affairs of the Sen-
ate in Dec. 2009, which was enacted into law by section
10221(a) of Pub. L. 111–148.
§ 1647d. Navajo Nation medicaid agency feasi-
bility study
(a) Study
The Secretary shall conduct a study to deter-
mine the feasibility of treating the Navajo Na-
tion as a State for the purposes of title XIX of
the Social Security Act [42 U.S.C. 1396 et seq.],
to provide services to Indians living within the
boundaries of the Navajo Nation through an en-
tity established having the same authority and
performing the same functions as single-State
medicaid agencies responsible for the adminis-
tration of the State plan under title XIX of the
Social Security Act.
(b) Considerations
In conducting the study, the Secretary shall
consider the feasibility of—
(1) assigning and paying all expenditures for
the provision of services and related adminis-
tration funds, under title XIX of the Social Se-
curity Act [42 U.S.C. 1396 et seq.], to Indians
living within the boundaries of the Navajo Na-
tion that are currently paid to or would other-
wise be paid to the State of Arizona, New Mex-
ico, or Utah;
(2) providing assistance to the Navajo Na-
tion in
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 1647d
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