25 U.S.C. § 1616n — Tribal health program administration

Page 264 TITLE 25—INDIANS § 1616n in lieu of any service obligation arising under such contract, shall be liable to the United States for the Federal share of the amount which has been paid to him, or on his behalf, under the contract. (2) If for any reason not specified in paragraph (1), an individual breaches his written contract by failing either to begin such individual’s serv- ice obligation required under such contract or to complete such service obligation, the United States shall be entitled to recover from the indi- vidual an amount determined in accordance with the formula specified in subsection (l) of section 1616a of this title in the manner provided for in such subsection. (3) The Secretary may carry out this sub- section on the basis of information submitted by the tribes or tribal organizations involved, or on the basis of information collected through such other means as the Secretary determines to be appropriate. (f) Nondiscriminatory practice The recipient of a scholarship under sub- section (b) shall agree, in providing health care pursuant to the requirements of subsection (d)(1)— (1) not to discriminate against an individual seeking such care on the basis of the ability of the individual to pay for such care or on the basis that payment for such care will be made pursuant to the program established in title XVIII of the Social Security Act [42 U.S.C. 1395 et seq.] or pursuant to the program established in title XIX of such Act [42 U.S.C. 1396 et seq.]; and (2) to accept assignment under section 1842(b)(3)(B)(ii) of the Social Security Act [42 U.S.C. 1395u(b)(3)(B)(ii)] for all services for which payment may be made under part B of title XVIII of such Act [42 U.S.C. 1395j et seq.], and to enter into an appropriate agreement with the State agency that administers the State plan for medical assistance under title XIX of such Act [42 U.S.C. 1396 et seq.] to pro- vide service to individuals entitled to medical assistance under the plan. (g) Payments for subsequent fiscal years The Secretary may not make any payments under subsection (a) to an Indian tribe or tribal organization for any fiscal year subsequent to the first fiscal year of such payments unless the Secretary determines that, for the immediately preceding fiscal year, the Indian tribe or tribal organization has complied with requirements of this section. (Pub. L. 94–437, title I, § 120, as added Pub. L. 102–573, title I, § 112, Oct. 29, 1992, 106 Stat. 4540.) Editorial Notes REFERENCES IN TEXT The Social Security Act, referred to in subsec. (f), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Titles XVIII and XIX of the Act are classified generally to subchapters XVIII (§ 1395 et seq.) and XIX (§ 1396 et seq.) of chapter 7 of Title 42, The Public Health and Welfare, respec- tively. Part B of title XVIII of the Act is classified gen- erally to part B (§ 1395j et seq.) of subchapter XVIII of chapter 7 of Title 42. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. § 1616n. Tribal health program administration The Secretary shall, by contract or otherwise, provide training for individuals in the adminis- tration and planning of tribal health programs. (Pub. L. 94–437, title I, § 121, as added Pub. L. 102–573, title I, § 113, Oct. 29, 1992, 106 Stat. 4542.) § 1616o. University of South Dakota pilot pro- gram (a) Establishment The Secretary may make a grant to the School of Medicine of the University of South Dakota (hereafter in this section referred to as ‘‘USDSM’’) to establish a pilot program on an Indian reservation at one or more service units in South Dakota to address the chronic man- power shortage in the Aberdeen Area of the Service. (b) Purposes The purposes of the program established pur- suant to a grant provided under subsection (a) are— (1) to provide direct clinical and practical experience at a service unit to medical stu- dents and residents from USDSM and other medical schools; (2) to improve the quality of health care for Indians by assuring access to qualified health care professionals; and (3) to provide academic and scholarly oppor- tunities for physicians, physician assistants, nurse practitioners, nurses, and other allied health professionals serving Indian people by identifying and utilizing all academic and scholarly resources of the region. (c) Composition; designation The pilot program established pursuant to a grant provided under subsection (a) shall— (1) incorporate a program advisory board composed of representatives from the tribes and communities in the area which will be served by the program; and (2) shall be designated as an extension of the USDSM campus and program participants shall be under the direct supervision and in- struction of qualified medical staff serving at the service unit who shall be members of the USDSM faculty. (d) Coordination with other schools The USDSM shall coordinate the program es- tablished pursuant to a grant provided under subsection (a) with other medical schools in the region, nursing schools, tribal community col- leges, and other health professional schools. (e) Development of additional professional op- portunities The USDSM, in cooperation with the Service, shall develop additional professional opportuni- ties for program participants on Indian reserva- tions in order to improve the recruitment and retention of qualified health professionals in the Aberdeen Area of the Service. (Pub. L. 94–437, title I, § 122, as added Pub. L. 102–573, title I, § 116, Oct. 29, 1992, 106 Stat. 4543.)