42 U.S.C. § 11705 — Native Hawaiian health care systems

Page 8210 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11704 purpose of coordinating, implementing and up- dating a Native Hawaiian comprehensive health care master plan designed to promote com- prehensive health promotion and disease preven- tion services and to maintain and improve the health status of Native Hawaiians. The master plan shall be based upon an assessment of the health care status and health care needs of Na- tive Hawaiians. To the extent practicable, as- sessments made as of the date of such grant or contract shall be used by Papa Ola Lokahi, ex- cept that any such assessment shall be updated as appropriate. (b) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out sub- section (a). (Pub. L. 100–579, § 4, Oct. 31, 1988, 102 Stat. 2916; Pub. L. 100–690, title II, § 2304, Nov. 18, 1988, 102 Stat. 4223; Pub. L. 102–396, title IX, § 9168, Oct. 6, 1992, 106 Stat. 1948.) Editorial Notes CODIFICATION The 1992 amendment is based on section 1 of S. 2681, One Hundred Second Congress, as passed by the Senate on Aug. 7, 1992, and enacted into law by section 9168 of Pub. L. 102–396. Section 9168, which referred to S. 2681, as passed by the Senate on ‘‘September 12, 1992’’, has been treated as referring to S. 2681, as passed by the Senate on Aug. 7, 1992, to reflect the probable intent of Congress. Pub. L. 100–579 and Pub. L. 100–690 enacted substan- tially identical sections. The text of this section is based on section 4 of Pub. L. 100–579, as subsequently amended. AMENDMENTS 1992—Pub. L. 102–396 amended section generally. Prior to amendment, section related to Native Hawaiian health centers. § 11704. Functions of Papa Ola Lokahi (a) Responsibility Papa Ola Lokahi shall be responsible for the— (1) coordination, implementation, and updat- ing, as appropriate, of the comprehensive health care master plan developed pursuant to section 11703 of this title; (2) training for the persons described in sec- tion 11705(c)(1)(B) of this title; (3) identification of and research into the diseases that are most prevalent among Na- tive Hawaiians, including behavioral, bio- medical, epidemiological, and health services; and (4) the development of an action plan out- lining the contributions that each member or- ganization of Papa Ola Lokahi will make in carrying out the policy of this chapter. (b) Special project funds Papa Ola Lokahi is authorized to receive spe- cial project funds that may be appropriated for the purpose of research on the health status of Native Hawaiians or for the purpose of address- ing the health care needs of Native Hawaiians. (c) Clearinghouse Papa Ola Lokahi shall serve as a clearing- house for: (1) the collection and maintenance of data associated with the health status of Native Hawaiians; (2) the identification and research into dis- eases affecting Native Hawaiians; (3) the availability of Native Hawaiian project funds, research projects and publica- tions; (4) the collaboration of research in the area of Native Hawaiian health; and (5) the timely dissemination of information pertinent to the Native Hawaiian health care systems. (d) Coordination of programs and services Papa Ola Lokahi shall, to the maximum ex- tent possible, coordinate and assist the health care programs and services provided to Native Hawaiians. (e) Technical support Papa Ola Lokahi shall act as a statewide in- frastructure to provide technical support and coordination of training and technical assist- ance to the Native Hawaiian health care sys- tems. (f) Relationships with other agencies Papa Ola Lokahi is authorized to enter into agreements or memoranda of understanding with relevant agencies or organizations that are capable of providing resources or services to the Native Hawaiian health care systems. (Pub. L. 100–579, § 5, Oct. 31, 1988, 102 Stat. 2919; Pub. L. 100–690, title II, § 2305, Nov. 18, 1988, 102 Stat. 4225; Pub. L. 102–396, title IX, § 9168, Oct. 6, 1992, 106 Stat. 1948.) Editorial Notes CODIFICATION The 1992 amendment is based on section 1 of S. 2681, One Hundred Second Congress, as passed by the Senate on Aug. 7, 1992, and enacted into law by section 9168 of Pub. L. 102–396. Section 9168, which referred to S. 2681, as passed by the Senate on ‘‘September 12, 1992’’, has been treated as referring to S. 2681, as passed by the Senate on Aug. 7, 1992, to reflect the probable intent of Congress. Pub. L. 100–579 and Pub. L. 100–690 enacted substan- tially identical sections. The text of this section is based on section 5 of Pub. L. 100–579, as subsequently amended. AMENDMENTS 1992—Pub. L. 102–396 amended section generally. Prior to amendment, section related to administrative grant for Papa Ola Lokahi. § 11705. Native Hawaiian health care systems (a) Comprehensive health promotion, disease prevention, and primary health services (1)(A) The Secretary, in consultation with Papa Ola Lokahi, may make grants to, or enter into contracts with, any qualified entity for the purpose of providing comprehensive health pro- motion and disease prevention services as well as primary health services to Native Hawaiians. (B) In making grants and entering into con- tracts under this paragraph, the Secretary shall give preference to Native Hawaiian health care systems and Native Hawaiian organizations and, to the extent feasible, health promotion and dis- Page 8211 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11705 ease prevention services shall be performed through Native Hawaiian health care systems. (2) In addition to paragraph (1), the Secretary may make a grant to, or enter into a contract with, Papa Ola Lokahi for the purpose of plan- ning Native Hawaiian health care systems to serve the health needs of Native Hawaiian com- munities on each of the islands of O’ahu, Moloka’i, Maui, Hawai’i, Lana’i, Kaua’i, and Ni’ihau in the State of Hawaii. (b) Qualified entity An entity is a qualified entity for purposes of subsection (a)(1) if the entity is a Native Hawai- ian health care system. (c) Services to be provided (1) Each recipient of funds under subsection (a)(1) shall provide the following services: (A) outreach services to inform Native Ha- waiians of the availability of health services; (B) education in health promotion and dis- ease prevention of the Native Hawaiian popu- lation by, wherever possible, Native Hawaiian health care practitioners, community out- reach workers, counselors, and cultural edu- cators; (C) services of physicians, physicians’ assist- ants, nurse practitioners or other health pro- fessionals; (D) immunizations; (E) prevention and control of diabetes, high blood pressure, and otitis media; (F) pregnancy and infant care; and (G) improvement of nutrition. (2) In addition to the mandatory services under paragraph (1), the following services may be provided pursuant to subsection (a)(1): (A) identification, treatment, control, and reduction of the incidence of preventable ill- nesses and conditions endemic to Native Ha- waiians; (B) collection of data related to the preven- tion of diseases and illnesses among Native Hawaiians; and (C) services within the meaning of the terms ‘‘health promotion’’, ‘‘disease prevention’’, and ‘‘primary health services’’, as such terms are defined in section 11711 of this title, which are not specifically referred to in paragraph (1) of this subsection. (3) The health care services referred to in paragraphs (1) and (2) which are provided under grants or contracts under subsection (a)(1) may be provided by traditional Native Hawaiian healers. (4) HEALTH AND EDUCATION.—In order to enable privately funded organizations to continue to supplement public efforts to provide educational programs designed to improve the health, capa- bility, and well-being of Native Hawaiians and to continue to provide health services to Native Hawaiians, notwithstanding any other provision of Federal or State law, it shall be lawful for the private educational organization identified in section 7512(16) of title 20 (as such section was in effect on the day before December 10, 2015) to continue to offer its educational programs and services to Native Hawaiians (as defined in sec- tion 7517 of title 20) first and to others only after the need for such programs and services by Na- tive Hawaiians has been met. (d) Limitation of number of entities During a fiscal year, the Secretary under this chapter may make a grant to, or hold a contract with, not more than 5 Native Hawaiian health care systems. (e) Matching funds (1) The Secretary may not make a grant or provide funds pursuant to a contract under sub- section (a)(1) to a Native Hawaiian health care system— (A) in an amount exceeding 83.3 percent of the costs of providing health services under the grant or contract; and (B) unless the Native Hawaiian health care system agrees that the Native Hawaiian health care system or the State of Hawaii will make available, directly or through donations to the Native Hawaiian health care system, non-Federal contributions toward such costs in an amount equal to not less than $1 (in cash or in kind under paragraph (2)) for each $5 of Federal funds provided in such grant or con- tract. (2) Non-Federal contributions required in paragraph (1) may be in cash or in kind, fairly evaluated, including plant, equipment, or serv- ices. Amounts provided by the Federal Govern- ment or services assisted or subsidized to any significant extent by the Federal Government may not be included in determining the amount of such non-Federal contributions. (3) The Secretary may waive the requirement established in paragraph (1) if— (A) the Native Hawaiian health care system involved is a nonprofit private entity de- scribed in subsection (b); and (B) the Secretary, in consultation with Papa Ola Lokahi, determines that it is not feasible for the Native Hawaiian health care system to comply with such requirement. (f) Restriction on use of grant and contract funds The Secretary may not make a grant to, or enter into a contract with, any entity under subsection (a)(1) unless the entity agrees that, amounts received pursuant to such subsection will not, directly or through contract, be ex- pended— (1) for any purpose other than the purposes described in subsection (c); (2) to provide inpatient services; (3) to make cash payments to intended re- cipients of health services; or (4) to purchase or improve real property (other than minor remodeling of existing im- provements to real property) or to purchase major medical equipment. (g) Limitation on charges for services The Secretary may not make a grant, or enter into a contract with, any entity under sub- section (a)(1) unless the entity agrees that, whether health services are provided directly or through contract— (1) health services under the grant or con- tract will be provided without regard to abil- ity to pay for the health services; and (2) the entity will impose a charge for the delivery of health services, and such charge— (A) will be made according to a schedule of charges that is made available to the public, and Page 8212 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11706 (B) will be adjusted to reflect the income of the individual involved. (h) Authorization of appropriations (1) There are authorized to be appropriated such sums as may be necessary for fiscal years 1993 through 2019 to carry out subsection (a)(1). (2) There are authorized to be appropriated such sums as may be necessary to carry out sub- section (a)(2). (Pub. L. 100–579, § 6, Oct. 31, 1988, 102 Stat. 2919; Pub. L. 100–690, title II, § 2306, Nov. 18, 1988, 102 Stat. 4226; Pub. L. 102–396, title IX, § 9168, Oct. 6, 1992, 106 Stat. 1948; Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935; Pub. L. 114–95, title IX, § 9215(jjj), Dec. 10, 2015, 129 Stat. 2187.) Editorial Notes REFERENCES IN TEXT Section 7512(16) of title 20 (as such section was in ef- fect on the day before December 10, 2015), referred to in subsec. (c)(4), means section 7512(16) of title 20 prior to amendment by Pub. L. 114–95, title VI, §§ 6001(a), (b)(1), 6003(a), Dec. 10, 2015, 129 Stat. 2046, 2063. CODIFICATION Amendments by Pub. L. 111–148 are based on section 202(a), (b)(1), of title II of S. 1790, One Hundred Eleventh Congress, as reported by the Committee on Indian Af- fairs of the Senate in Dec. 2009, which was enacted into law by section 10221(a) of Pub. L. 111–148. The 1992 amendment is based on section 1 of S. 2681, One Hundred Second Congress, as passed by the Senate on Aug. 7, 1992, and enacted into law by section 9168 of Pub. L. 102–396. Section 9168, which referred to S. 2681, as passed by the Senate on ‘‘September 12, 1992’’, has been treated as referring to S. 2681, as passed by the Senate on Aug. 7, 1992, to reflect the probable intent of Congress. Pub. L. 100–579 and Pub. L. 100–690 enacted identical sections. The text of this section is based on section 6 of Pub. L. 100–579, as subsequently amended. AMENDMENTS 2015—Subsec. (c)(4). Pub. L. 114–95 substituted ‘‘pri- vate educational organization identified in section 7512(16) of title 20 (as such section was in effect on the day before December 10, 2015) to continue to offer its educational programs and services to Native Hawaiians (as defined in section 7517 of title 20) first and to oth- ers’’ for ‘‘private educational organization identified in section 7512(16) of title 20 to continue to offer its edu- cational programs and services to Native Hawaiians (as defined in section 7517 of title 20) first and to others’’. 2010—Subsec. (c)(4). Pub. L. 111–148, which directed the amendment of section 6(c) of the Native Hawaiian Health Care Act of 1988 by adding par. (4), was executed by making the amendment to this section, which is sec- tion 6 of the Native Hawaiian Health Care Improve- ment Act, to reflect the probable intent of Congress. Subsec. (h)(1). Pub. L. 111–148, which directed the amendment of section 6(h)(1) of the Native Hawaiian Health Care Act of 1988 by substituting ‘‘2019’’ for ‘‘2001’’, was executed by making the amendment to this section, which is section 6 of the Native Hawaiian Health Care Improvement Act, to reflect the probable intent of Congress. 1992—Pub. L. 102–396 amended section generally. Prior to amendment, section related to administration of grants and contracts. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of Title 20, Education. EFFECTIVE DATE OF 2010 AMENDMENT Section 202(b)(2) of title II of S. 1790, One Hundred Eleventh Congress, as reported by the Committee on Indian Affairs of the Senate in Dec. 2009, which was en- acted into law by Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935, provided that: ‘‘The amend- ment made by paragraph (1) [amending this section] takes effect on December 5, 2006.’’ § 11706. Administrative grant for Papa Ola Lokahi (a) In general In addition to any other grant or contract under this chapter, the Secretary may make grants to, or enter into contracts with, Papa Ola Lokahi for— (1) coordination, implementation, and updat- ing (as appropriate) of the comprehensive health care master plan developed pursuant to section 11703 of this title; (2) training for the persons described in sec- tion 11705(c)(1)(B) of this title; (3) identification of and research into the diseases that are most prevalent among Na- tive Hawaiians, including behavioral, bio- medical, epidemiological, and health services; (4) the development of an action plan out- lining the contributions that each member or- ganization of Papa Ola Lokahi will make in carrying out the policy of this chapter; (5) a clearinghouse function for— (A) the collection and maintenance of data associated with the health status of Native Hawaiians; (B) the identification and research into diseases affecting Native Hawaiians; and (C) the availability of Native Hawaiian project funds, research projects and publica- tions; (6) the coordination of the health care pro- grams and services provided to Native Hawai- ians; and (7) the administration of special project funds. (b) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary for fiscal years 1993 through 2019 to carry out subsection (a). (Pub. L. 100–579, § 7, Oct. 31, 1988, 102 Stat. 2921; Pub. L. 100–690, title II, § 2307, Nov. 18, 1988, 102 Stat. 4227; Pub. L. 102–396, title IX, § 9168, Oct. 6, 1992, 106 Stat. 1948; Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.) Editorial Notes CODIFICATION Amendment by Pub. L. 111–148 is based on section 202(a) of title II of S. 1790, One Hundred Eleventh Con- gress, 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. The 1992 amendment is based on section 1 of S. 2681, One Hundred Second Congress, as passed by the Senate on Aug. 7, 1992, and enacted into law by section 9168 of Pub. L. 102–396. Section 9168, which referred to S. 2681, as passed by the Senate on ‘‘September 12, 1992’’, has