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25 U.S.C. § 1601 — Indian Catastrophic Health Emergency Fund
Federal law — U.S. Code and appendices · legal_authorities
$10,000,000 shall remain available until expended, for the establishment of an Indian Catastrophic Health Emergency Fund (hereinafter referred to as the “Fund”). On and after October 18, 1986, the Fund is to cover the Indian Health Service portion of the medical expenses of catastrophic illness falling within the responsibility of the Service and shall be administered by the Secretary of Health and Human Services, acting through the central office of the Indian Health Service. No part of the Fund or its administration shall be subject to contract or grant under the Indian Self-Determination and Education Assistance Act (Public Law 93–638) [[25 U.S.C. 5301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5301&num=0&edition=prelim) et seq.]. There shall be deposited into the Fund all amounts recovered under the authority of the Federal Medical Care Recovery Act ([42 U.S.C. 2651](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2651&num=0&edition=prelim) et seq.), which shall become available for obligation upon receipt and which shall remain available for obligation until expended. The Fund shall not be used to pay for health services provided to eligible Indians to the extent that alternate Federal, State, local, or private insurance resources for payment: (1) are available and accessible to the beneficiary; or (2) would be available and accessible if the beneficiary were to apply for them; or (3) would be available and accessible to other citizens similarly situated under Federal, State, or local law or regulation or private insurance program notwithstanding Indian Health Service eligibility or residency on or off a Federal Indian reservation.
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Stable record: federal_law:legal_authorities:record_usc_a9e0b9b6cdb1b5d2145b4013
Source file: Laws/federal/codes/united-states-code/title-25/section-1601-indian-catastrophic-health-emergency-fund--1babf8ccb2.md
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Source location: Title 25, Chapter 18, § 1601; chapter-018-indian-health-care.md
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$10,000,000 shall remain available until expended, for the establishment of an Indian Catastrophic Health Emergency Fund (hereinafter referred to as the “Fund”). On and after October 18, 1986, the Fund is to cover the Indian Health Service portion of the medical expenses of catastrophic illness falling within the responsibility of the Service and shall be administered by the Secretary of Health and Human Services, acting through the central office of the Indian Health Service. No part of the Fund or its administration shall be subject to contract or grant under the Indian Self-Determination and Education Assistance Act (Public Law 93–638) [[25 U.S.C. 5301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5301&num=0&edition=prelim) et seq.]. There shall be deposited into the Fund all amounts recovered under the authority of the Federal Medical Care Recovery Act ([42 U.S.C. 2651](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2651&num=0&edition=prelim) et seq.), which shall become available for obligation upon receipt and which shall remain available for obligation until expended. The Fund shall not be used to pay for health services provided to eligible Indians to the extent that alternate Federal, State, local, or private insurance resources for payment: (1) are available and accessible to the beneficiary; or (2) would be available and accessible if the beneficiary were to apply for them; or (3) would be available and accessible to other citizens similarly situated under Federal, State, or local law or regulation or private insurance program notwithstanding Indian Health Service eligibility or residency on or off a Federal Indian reservation.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Conditions; exceptions; persons liable; amount of recovery; subrogation; assignment** In any case in which the United States is authorized or required by law to furnish or pay for hospital, medical, surgical, or dental care and treatment (including prostheses and medical appliances) to a person who is injured or suffers a disease, after the effective date of this Act, under circumstances creating a tort liability upon some third person (other than or in addition to the United States and except employers of seamen treated under the provisions of [section 249 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section249&num=0&edition=prelim)) to pay damages therefor, the United States shall have a right to recover (independent of the rights of the injured or diseased person) from said third person, or that person’s insurer, the reasonable value of the care and treatment so furnished, to be furnished, paid for, or to be paid for and shall, as to this right be subrogated to any right or claim that the injured or diseased person, his guardian, personal representative, estate, dependents, or survivors has against such third person to the extent of the reasonable value of the care and treatment so furnished, to be furnished, paid for, or to be paid for. The head of the department or agency of the United States furnishing such care or treatment may also require the injured or diseased person, his guardian, personal representative, estate, dependents, or survivors, as appropriate, to assign his claim or cause of action against the third person to the extent of that right or claim.
**(b) Recovery of cost of pay for member of uniformed services unable to perform duties** If a member of the uniformed services is injured, or contracts a diseas
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2651
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Federal law — U.S. Code and appendices · legal_authorities
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5301
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Federal law — U.S. Code and appendices · legal_authorities
Congress declares that it is the policy of this Nation, in fulfillment of its special trust responsibilities and legal obligations to Indians—
(1) to ensure the highest possible health status for Indians and urban Indians and to provide all resources necessary to effect that policy;
(2) to raise the health status of Indians and urban Indians to at least the levels set forth in the goals contained within the Healthy People 2010 initiative or successor objectives;
(3) to ensure maximum Indian participation in the direction of health care services so as to render the persons administering such services and the services themselves more responsive to the needs and desires of Indian communities;
(4) to increase the proportion of all degrees in the health professions and allied and associated health professions awarded to Indians so that the proportion of Indian health professionals in each Service area is raised to at least the level of that of the general population;
(5) to require that all actions under this chapter shall be carried out with active and meaningful consultation with Indian tribes and tribal organizations, and conference with urban Indian organizations, to implement this chapter and the national policy of Indian self-determination;
(6) to ensure that the United States and Indian tribes work in a government-to-government relationship to ensure quality health care for all tribal members; and
(7) to provide funding for programs and facilities operated by Indian tribes and tribal organizations in amounts that are not less than the amounts provided to programs and facilities operated directly by the Service.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 1612
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) **Area office** — The term “Area office” means an administrative entity including a program office, within the Indian Health Service through which services and funds are provided to the service units within a defined geographic area.
(2) **Behavioral health**
(A) *In general* — The term “behavioral health” means the blending of substance (alcohol, drugs, inhalants, and tobacco) abuse and mental health disorders prevention and treatment for the purpose of providing comprehensive services.
(B) *Inclusions* — The term “behavioral health” includes the joint development of substance abuse and mental health treatment planning and coordinated case management using a multidisciplinary approach.
(3) **California Indian** — The term “California Indian” means any Indian who is eligible for health services provided by the Service pursuant to [section 1679 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1679&num=0&edition=prelim).
(4) **Community college** — The term “community college” means—
(A) a tribal college or university; or
(B) a junior or community college.
(5) **Contract health service** — The term “contract health service” means any health service that is—
(A) delivered based on a referral by, or at the expense of, an Indian health program; and
(B) provided by a public or private medical provider or hospital that is not a provider or hospital of the Indian health program.
(6) **Department** — The term “Department”, unless otherwise designated, means the Department of Health and Human Services.
(7) **Disease prevention**
(A) *In general* — The term “disease prevention” means any activity for—
(i) the reduction, limitation, and prevention of—
(I) disease; and
(II)
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 1613
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Use of funds** The Secretary, acting through the Service, is authorized to expend funds, directly or under the authority of 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. which are appropriated under the authority of this section, for the purposes of—
(1) eliminating the deficiencies in health status and health resources of all Indian tribes;
(2) eliminating backlogs in the provision of health care services to Indians;
(3) meeting the health needs of Indians in an efficient and equitable manner, including the use of telehealth and telemedicine when appropriate;
(4) eliminating inequities in funding for both direct care and contract health service programs; and
(5) augmenting the ability of the Service to meet the following health service responsibilities with respect to those Indian tribes with the highest levels of health status deficiencies and resource deficiencies:
(A) Clinical care, including inpatient care, outpatient care (including audiology, clinical eye, and vision care), primary care, secondary and tertiary care, and long-term care.
(B) Preventive health, including mammography and other cancer screening.
(C) Dental care.
(D) Mental health, including community mental health services, inpatient mental health services, dormitory mental health services, therapeutic and residential treatment centers, and training of traditional health care practitioners.
(E) Emergency medical services.
(F) Treatment and control of, and rehabilitative care related to, alcoholism and drug abuse (including fetal alcohol syndrome) among Indians.
(G) Injury prevention programs, i
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 1621c
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Assisted living service** — The term “assisted living service” means any service provided by an assisted living facility (as defined in [section 1715w(b) of title 12](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1715w/b&num=0&edition=prelim)), except that such an assisted living facility—
(A) shall not be required to obtain a license; 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 specified in paragraphs (1) through (9) of [section 1396t(a) of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396t/a&num=0&edition=prelim) (whether provided by the Service or by an Indian tribe or tribal organization pursuant to 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. that are or will be provided in accordance with applicable standards.
(3) **Hospice care** — The term “hospice care” means—
(A) the items and services specified in subparagraphs (A) through (H) of [section 1395x(dd)(1) of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395x/dd/1&num=0&edition=prelim); and
(B) such other services as an Indian tribe or tribal organization determines are necessary and appropriate to provide in furtherance 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](https://uscode.house.gov/view.xhtm
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 1621g
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Use of amounts**
(1) **Retention by program** — Except as provided in sections 1621a(a)(2) and 1680c of this title, all reimbursements received or recovered under any of the programs described in paragraph (2), including under [section 1680c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1680c&num=0&edition=prelim), by reason of the provision of health services by the Service, by an Indian tribe or tribal organization, or by an urban Indian organization, shall be credited to the Service, such Indian tribe or tribal organization, or such urban Indian organization, respectively, and may be used as provided in [section 1641 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1641&num=0&edition=prelim). In the case of such a service provided by or through a Service Unit, such amounts shall be credited to such unit and used for such purposes.
(2) **Programs covered** — The programs referred to in paragraph (1) are the following:
(A) Titles XVIII, XIX, and 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.].
(B) This chapter, including [section 1680c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1680c&num=0&edition=prelim).
(C) Public Law 87–693 [[42 U.S.C. 2651](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2651&num=0&edition=prelim) et seq.].
(D) Any other provision of law.
**(b) No offset of amounts** The Service may not offset or limit any amount obligated to any Service Unit or entity receiving funding from the Service because of the receipt of reimbursements
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 1621i
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Federal law — U.S. Code and appendices · legal_authorities
**(a) National plan for Indian Mental Health Services**
(1) Not later than 120 days after November 28, 1990, the Secretary, acting through the Service, shall develop and publish in the Federal Register a final national plan for Indian Mental Health Services. The plan shall include—
(A) an assessment of the scope of the problem of mental illness and dysfunctional and self-destructive behavior, including child abuse and family violence, among Indians, including—
(i) the number of Indians served by the Service who are directly or indirectly affected by such illness or behavior, and
(ii) an estimate of the financial and human cost attributable to such illness or behavior;
(B) an assessment of the existing and additional resources necessary for the prevention and treatment of such illness and behavior; and
(C) an estimate of the additional funding needed by the Service to meet its responsibilities under the plan.
(2) The Secretary shall submit a copy of the national plan to the Congress.
**(b) Memorandum of agreement** Not later than 180 days after November 28, 1990, the Secretary and the Secretary of the Interior shall develop and enter into a memorandum of agreement under which the Secretaries shall, among other things—
(1) determine and define the scope and nature of mental illness and dysfunctional and self-destructive behavior, including child abuse and family violence, among Indians;
(2) make an assessment of the existing Federal, tribal, State, local, and private services, resources, and programs available to provide mental health services for Indians;
(3) make an initial determination of the unmet need for additional services, resources, and programs necessary to meet the needs identified pursuant to paragraph (1);
(4)
(A) ensure that Ind
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 1621k
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definition of qualified escort** In this section, the term “qualified escort” means—
(1) an adult escort (including a parent, guardian, or other family member) who is required because of the physical or mental condition, or age, of the applicable patient;
(2) a health professional for the purpose of providing necessary medical care during travel by the applicable patient; or
(3) other escorts, as the Secretary or applicable Indian Health Program determines to be appropriate.
**(b) Provision of funds** The Secretary, acting through the Service and Tribal Health Programs, is authorized to provide funds for the following patient travel costs, including qualified escorts, associated with receiving health care services provided (either through direct or contract care or through a contract or compact under 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. under this chapter—
(1) emergency air transportation and non-emergency air transportation where ground transportation is infeasible;
(2) transportation by private vehicle (where no other means of transportation is available), specially equipped vehicle, and ambulance; and
(3) transportation by such other means as may be available and required when air or motor vehicle transportation is not available.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 1621o
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Grants authorized** The Secretary, acting through the Service, shall make grants of not more than $300,000 to each of 9 colleges and universities for the purpose of developing and maintaining Indian psychology career recruitment programs as a means of encouraging Indians to enter the behavioral health field. These programs shall be located at various locations throughout the country to maximize their availability to Indian students and new programs shall be established in different locations from time to time.
**(b) Quentin N. Burdick program grant** The Secretary shall provide a grant authorized under subsection (a) to develop and maintain a program at the University of North Dakota to be known as the “Quentin N. Burdick American Indians Into Psychology Program”. Such program shall, to the maximum extent feasible, coordinate with the Quentin N. Burdick Indian health programs authorized under section 1616j(b) 11 See References in Text note below. of this title, the Quentin N. Burdick American Indians Into Nursing Program authorized under section 1616h(e) 1 of this title, and existing university research and communications networks.
**(c) Regulations** The Secretary shall issue regulations pursuant to this chapter for the competitive awarding of grants provided under this section.
**(d) Conditions of grant** Applicants under this section shall agree to provide a program which, at a minimum—
(1) provides outreach and recruitment for health professions to Indian communities including elementary, secondary, and accredited and accessible community colleges that will be served by the program;
(2) incorporates a program advisory board comprised of representatives from the tribes and communities that will be served by the program;
(3) provides summer enrichment prog
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 1621s
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