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25 U.S.C. § 1638b — Indian health care delivery demonstration projects
Federal law — U.S. Code and appendices · legal_authorities
**(a) Purpose and general authority**
(1) **Purpose** — The purpose of this section is to encourage the establishment of demonstration projects that meet the applicable criteria of this section to be carried out by the Secretary, acting through the Service, or Indian tribes or tribal organizations acting pursuant to contracts or compacts under the Indian Self Determination 11 So in original. Probably should be “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.)— 22 See References in Text note below.
(A) to test alternative means of delivering health care and services to Indians through facilities; or
(B) to use alternative or innovative methods or models of delivering health care services to Indians (including primary care services, contract health services, or any other program or service authorized by this chapter) through convenient care services (as defined in subsection (c)), community health centers, or cooperative agreements or arrangements with other health care providers that share or coordinate the use of facilities, funding, or other resources, or otherwise coordinate or improve the coordination of activities of the Service, Indian tribes, or tribal organizations, with those of the other health care providers.
(2) **Authority** — The Secretary, acting through the Service, is authorized to carry out, or to enter into contracts or compacts 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.) 2 with Indian tribes or tribal organizations to carry out, health care delivery demonstration project
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Source file: Laws/federal/codes/united-states-code/title-25/section-1638b-indian-health-care-delivery-demonstration-projects--86f80b51f0.md
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Source location: Title 25, Chapter 18, § 1638b; chapter-018-indian-health-care.md
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**(a) Purpose and general authority**
(1) **Purpose** — The purpose of this section is to encourage the establishment of demonstration projects that meet the applicable criteria of this section to be carried out by the Secretary, acting through the Service, or Indian tribes or tribal organizations acting pursuant to contracts or compacts under the Indian Self Determination 11 So in original. Probably should be “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.)— 22 See References in Text note below.
(A) to test alternative means of delivering health care and services to Indians through facilities; or
(B) to use alternative or innovative methods or models of delivering health care services to Indians (including primary care services, contract health services, or any other program or service authorized by this chapter) through convenient care services (as defined in subsection (c)), community health centers, or cooperative agreements or arrangements with other health care providers that share or coordinate the use of facilities, funding, or other resources, or otherwise coordinate or improve the coordination of activities of the Service, Indian tribes, or tribal organizations, with those of the other health care providers.
(2) **Authority** — The Secretary, acting through the Service, is authorized to carry out, or to enter into contracts or compacts 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.) 2 with Indian tribes or tribal organizations to carry out, health care delivery demonstration projects that—
(A) test alternative means of delivering health care and services to Indians through facilities; or
(B) otherwise carry out the purposes of this section.
**(b) Use of funds** The Secretary, in approving projects pursuant to this section—
(1) may authorize such contracts for the construction and renovation of hospitals, health centers, health stations, and other facilities to deliver health care services; and
(2) is authorized—
(A) to waive any leasing prohibition;
(B) to permit use and carryover of funds appropriated for the provision of health care services under this chapter (including for the purchase of health benefits coverage, as authorized by [section 1642(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1642/a&num=0&edition=prelim));
(C) to permit the use of other available funds, including other Federal funds, funds from third-party collections in accordance with sections 1621e, 1621f, and 1641 of this title, and non-Federal funds contributed by State or local governmental agencies or facilities or private health care providers pursuant to cooperative or other agreements with the Service, 1 or more Indian tribes, or tribal organizations;
(D) to permit the use of funds or property donated or otherwise provided from any source for project purposes;
(E) to provide for the reversion of donated real or personal property to the donor; and
(F) to permit the use of Service funds to match other funds, including Federal funds.
**(c) Health care demonstration projects**
(1) **Definition of convenient care service** — In this subsection, the term “convenient care service” means any primary health care service, such as urgent care services, nonemergent care services, prevention services and screenings, and any service authorized by [section 1621b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1621b&num=0&edition=prelim) or 1621d(d) of this title, that is offered—
(A) at an alternative setting; or
(B) during hours other than regular working hours.
(2) **General projects**
(A) *Criteria* — The Secretary may approve under this section demonstration projects that meet the following criteria:
(i) There is a need for a new facility or program, such as a program for convenient care services, or an improvement in, increased efficiency at, or reorientation of an existing facility or program.
(ii) A significant number of Indians, including Indians with low health status, will be served by the project.
(iii) The project has the potential to deliver services in an efficient and effective manner.
(iv) The project is economically viable.
(v) For projects carried out by an Indian tribe or tribal organization, the Indian tribe or tribal organization has the administrative and financial capability to administer the project.
(vi) The project is integrated with providers of related health or social services (including State and local health care agencies or other health care providers) and is coordinated with, and avoids duplication of, existing services in order to expand the availability of services.
(B) *Priority* — In approving demonstration projects under this paragraph, the Secretary shall give priority to demonstration projects, to the extent the projects meet the criteria described in subparagraph (A), located in any of the following Service units:
(i) Cass Lake, Minnesota.
(ii) Mescalero, New Mexico.
(iii) Owyhee and Elko, Nevada.
(iv) Schurz, Nevada.
(v) Ft. Yuma, California.
(3) **Innovative health services delivery demonstration project**
(A) *Application or request* — On receipt of an application or request from an Indian tribe, a consortium of Indian tribes, or a tribal organization within a Service area, the Secretary shall take into consideration alternative or innovated 33 So in original. Probably should be “innovative”. methods to deliver health care services within the Service area (or a portion of, or facility within, the Service area) as described in the application or request, including medical, dental, pharmaceutical, nursing, clinical laboratory, contract health services, convenient care services, community health centers, or any other health care services delivery models designed to improve access to, or efficiency or quality of, the health care, health promotion, or disease prevention services and programs under this chapter.
(B) *Approval* — In addition to projects described in paragraph (2), in any fiscal year, the Secretary is authorized under this paragraph to approve not more than 10 applications for health care delivery demonstration projects that meet the criteria described in subparagraph (C).
(C) *Criteria* — The Secretary shall approve under subparagraph (B) demonstration projects that meet all of the following criteria:
(i) The criteria set forth in paragraph (2)(A).
(ii) There is a lack of access to health care services at existing health care facilities, which may be due to limited hours of operation at those facilities or other factors.
(iii) The project—
(I) expands the availability of services; or
(II) reduces—
(aa) the burden on Contract Health Services; or
(bb) the need for emergency room visits.
**(d) Technical assistance** On receipt of an application or request from an Indian tribe, a consortium of Indian tribes, or a tribal organization, the Secretary shall provide such technical and other assistance as may be necessary to enable applicants to comply with this section, including information regarding the Service unit budget and available funding for carrying out the proposed demonstration project.
**(e) Service to ineligible persons** Subject to [section 1680c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1680c&num=0&edition=prelim), the authority to provide services to persons otherwise ineligible for the health care benefits of the Service, and the authority to extend hospital privileges in Service facilities to non-Service health practitioners as provided in [section 1680c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1680c&num=0&edition=prelim), may be included, subject to the terms of that section, in any demonstration project approved pursuant to this section.
**(f) Equitable treatment** For purposes of subsection (c), the Secretary, in evaluating facilities operated under any 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.),2 shall use the same criteria that the Secretary uses in evaluating facilities operated directly by the Service.
**(g) Equitable integration of facilities** The Secretary shall ensure that the planning, design, construction, renovation, and expansion needs of Service and non-Service facilities that are the subject of 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.) 2 for health services are fully and equitably integrated into the implementation of the health care delivery demonstration projects under this section.
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Federal law — U.S. Code and appendices · legal_authorities
The State of California, excluding the counties of Alameda, Contra Costa, Los Angeles, Marin, Orange, Sacramento, San Francisco, San Mateo, Santa Clara, Kern, Merced, Monterey, Napa, San Benito, San Joaquin, San Luis Obispo, Santa Cruz, Solano, Stanislaus, and Ventura shall be designated as a contract health service delivery area by the Service for the purpose of providing contract health services to Indians in such State.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 1680c
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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
### 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).
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 450
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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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 1601
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 94–437, title I, § 125, as added Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935, was based on section 134(b) of title I of S. 1790, One Hundred Eleventh Congress, as reported by the Committee on Indian Affairs of the Senate in Dec. 2009 which was enacted into law by section 10221(a) of Pub. L. 111–148 and related to treatment of a scholarship provided to an individual under this subchapter as a qualified scholarship for purposes of [section 117 of Title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section117&num=0&edition=prelim), Internal Revenue Code.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 1621b
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Federal law — U.S. Code and appendices · legal_authorities
Page 297
TITLE 25—INDIANS
§ 1638c
1 See References in Text note below.
ate in Dec. 2009, which was enacted into law by section
10221(a) of Pub. L. 111–148.
PRIOR PROVISIONS
A prior section 1638a, Pub. L. 94–437, title III, § 309, as
added Pub. L. 102–573, title III, § 307(a), Oct. 29, 1992, 106
Stat. 4564, authorized appropriations through fiscal
year 2000 to carry out this subchapter, prior to repeal
by Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124
Stat. 935. The repeal is based on section 101(b)(6) 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.
§ 1638b. Applicability of Buy American require-
ment
(a) Duty of Secretary
The Secretary shall ensure that the require-
ments of the Buy American Act apply to all pro-
curements made with funds made available to
carry out this subchapter.
(b) Report to Congress
The Secretary shall submit to the Congress a
report on the amount of procurements from for-
eign entities made in fiscal years 1993 and 1994
with funds made available to carry out this sub-
chapter. Such report shall separately indicate
the dollar value of items procured with such
funds for which the Buy American Act was
waived pursuant to the Trade Agreement Act of
1979 or any international agreement to which
the United States is a party.
(c) Fraudulent use of Made-in-America label
If it has been finally determined by a court or
Federal agency that any person intentionally af-
fixed a label bearing a ‘‘Made in America’’ in-
scription, or any inscription with the same
meaning, to any product sold in or shipped to
the United States that is not made in the United
States, such perso
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 1638b
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Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 450
Stored review status: historical_2024_not_currentness_verified. The source passage cites 25 U.S.C. § 450. This identifies an authority to review, not proof of applicability.