25 U.S.C. § 1680t — Other GAO reports

Page 354 TITLE 25—INDIANS § 1680s 1 So in original. Probably should be followed by ‘‘a report’’. ter. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of this title and Tables. The Indian Self-Determination and Education Assist- ance Act, referred to in subsec. (a), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203. Title V of the Act was classi- fied principally to part E (§ 458aaa et seq.) of subchapter II of chapter 14 of this title prior to editorial reclassi- fication as subchapter V (§ 5381 et seq.) of chapter 46 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables. CODIFICATION Section 828 of Pub. L. 94–437 is based on section 197 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. § 1680s. Disease and injury prevention report Not later than 18 months after March 23, 2010, the Secretary shall submit to the Committee on Indian Affairs of the Senate and the Committees on Natural Resources and Energy and Commerce of the House of Representatives 1 describing— (1) all disease and injury prevention activi- ties conducted by the Service, independently or in conjunction with other Federal depart- ments and agencies and Indian tribes; and (2) the effectiveness of those activities, in- cluding the reductions of injury or disease conditions achieved by the activities. (Pub. L. 94–437, title VIII, § 829, as added Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.) Editorial Notes CODIFICATION Section 829 of Pub. L. 94–437 is based on section 198 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. § 1680t. Other GAO reports (a) Coordination of services (1) Study and evaluation The Comptroller General of the United States shall conduct a study, and evaluate the effectiveness, of coordination of health care services provided to Indians— (A) through Medicare, Medicaid, or SCHIP; (B) by the Service; or (C) using funds provided by— (i) State or local governments; or (ii) Indian tribes. (2) Report Not later than 18 months after March 23, 2010, the Comptroller General shall submit to Congress a report— (A) describing the results of the evaluation under paragraph (1); and (B) containing recommendations of the Comptroller General regarding measures to support and increase coordination of the provision of health care services to Indians as described in paragraph (1). (b) Payments for contract health services (1) In general The Comptroller General shall conduct a study on the use of health care furnished by health care providers under the contract health services program funded by the Service and operated by the Service, an Indian tribe, or a tribal organization. (2) Analysis The study conducted under paragraph (1) shall include an analysis of— (A) the amounts reimbursed under the con- tract health services program described in paragraph (1) for health care furnished by entities, individual providers, and suppliers, including a comparison of reimbursement for that health care through other public programs and in the private sector; (B) barriers to accessing care under such contract health services program, including barriers relating to travel distances, cul- tural differences, and public and private sec- tor reluctance to furnish care to patients under the program; (C) the adequacy of existing Federal fund- ing for health care under the contract health services program; (D) the administration of the contract health service program, including the dis- tribution of funds to Indian health programs pursuant to the program; and (E) any other items determined appro- priate by the Comptroller General. (3) Report Not later than 18 months after March 23, 2010, the Comptroller General shall submit to Congress a report on the study conducted under paragraph (1), together with rec- ommendations regarding— (A) the appropriate level of Federal fund- ing that should be established for health care under the contract health services pro- gram described in paragraph (1); (B) how to most efficiently use that fund- ing; and (C) the identification of any inequities in the current distribution formula or inequi- table results for any Indian tribe under the funding level, and any recommendations for addressing any inequities or inequitable re- sults identified. (4) Consultation In conducting the study under paragraph (1) and preparing the report under paragraph (3), the Comptroller General shall consult with the Service, Indian tribes, and tribal organiza- tions. (Pub. L. 94–437, title VIII, § 830, as added Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.) Editorial Notes CODIFICATION Section 830 of Pub. L. 94–437 is based on section 199 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. Page 355 TITLE 25—INDIANS § 1681 1 See References in Text note below. 1 So in original. Probably should be ‘‘AIDS’’. § 1680u. Traditional health care practices Although the Secretary may promote tradi- tional health care practices, consistent with the Service standards for the provision of health care, health promotion, and disease prevention under this chapter, the United States is not lia- ble for any provision of traditional health care practices pursuant to this chapter that results in damage, injury, or death to a patient. Noth- ing in this subsection shall be construed to alter any liability or other obligation that the United States may otherwise have under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) 1 or this chapter. (Pub. L. 94–437, title VIII, § 831, as added Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 94–437, Sept. 30, 1976, 90 Stat. 1400, known as the Indian Health Care Improve- ment Act, which is classified principally to this chap- ter. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of this title and Tables. The Indian Self-Determination and Education Assist- ance Act (25 U.S.C. 450 et seq.), referred to in text, is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which was clas- sified principally to subchapter II (§ 450 et seq.) of chap- ter 14 of this title prior to editorial reclassification as chapter 46 (§ 5301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables. CODIFICATION Section 831 of Pub. L. 94–437 is based on section 199A 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 sec- tion 10221(a) of Pub. L. 111–148. § 1680v. Director of HIV/AIDS Prevention and Treatment (a) Establishment The Secretary, acting through the Service, shall establish within the Service the position of the Director of HIV/AIDS Prevention and Treat- ment (referred to in this section as the ‘‘Direc- tor’’). (b) Duties The Director shall— (1) coordinate and promote HIV/AIDS pre- vention and treatment activities specific to Indians; (2) provide technical assistance to Indian tribes, tribal organizations, and urban Indian organizations regarding existing HIV/AIDS prevention and treatment programs; and (3) ensure interagency coordination to facili- tate the inclusion of Indians in Federal HIV/ AIDS research and grant opportunities, with emphasis on the programs operated under the Ryan White Comprehensive Aids 1 Resources Emergency Act of 1990 (Public Law 101–381; 104 Stat. 576) and the amendments made by that Act. (c) Report Not later than 2 years after March 23, 2010, and not less frequently than once every 2 years thereafter, the Director shall submit to Con- gress a report describing, with respect to the preceding 2-year period— (1) each activity carried out under this sec- tion; and (2) any findings of the Director with respect to HIV/AIDS prevention and treatment activi- ties specific to Indians. (Pub. L. 94–437, title VIII, § 832, as added Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.) Editorial Notes REFERENCES IN TEXT The Ryan White Comprehensive AIDS Resources Emergency Act of 1990, referred to in subsec. (b)(3), is Pub. L. 101–381, Aug. 18, 1990, 104 Stat. 576, which en- acted subchapter XXIV (§ 300ff et seq.) of chapter 6A of Title 42, The Public Health and Welfare, transferred section 300ee–6 of Title 42 to section 300ff–48 of Title 42, amended sections 284a, 286, 287a, 287c–2 (now 285q–2), 289f, 290aa–3a (now 290aa–1), 299c–5, 300ff–48, and 300aaa to 300aaa–13 (now 238 to 238m) of Title 42, and enacted provisions set out as notes under sections 201, 300x–4, 300ff–11, 300ff–46, and 300ff–80 of Title 42. For complete classification of this Act to the Code, see Short Title of 1990 Amendments note set out under section 201 of Title 42 and Tables. CODIFICATION Section 832 of Pub. L. 94–437 is based on section 199B 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 sec- tion 10221(a) of Pub. L. 111–148. § 1681. Omitted Editorial Notes CODIFICATION Section, Pub. L. 104–134, title I, § 101(c) [title II], Apr. 26, 1996, 110 Stat. 1321–156, 1321–190; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327, which provided that the Indian Health Service was to neither bill nor charge those Indians who may have economic means to pay unless and until Congress directs Service to implement policy to do so, was from the Department of the Interior and Related Agencies Appropriations Act, 1996, and was not repeated in subsequent appro- priations acts. Provisions similar to those in this sec- tion were contained in the following prior appropria- tion acts: Pub. L. 103–332, title II, Sept. 30, 1994, 108 Stat. 2529. Pub. L. 103–138, title II, Nov. 11, 1993, 107 Stat. 1409. Pub. L. 102–381, title II, Oct. 5, 1992, 106 Stat. 1409. Pub. L. 102–154, title II, Nov. 13, 1991, 105 Stat. 1027. Pub. L. 101–512, title II, Nov. 5, 1990, 104 Stat. 1952. Pub. L. 101–121, title II, Oct. 23, 1989, 103 Stat. 734. Pub. L. 100–446, title II, Sept. 27, 1988, 102 Stat. 1816. Pub. L. 100–202, § 101(g) [title II], Dec. 22, 1987, 101 Stat. 1329–213, 1329–245. Pub. L. 99–500, § 101(h) [title II], Oct. 18, 1986, 100 Stat. 1783–242, 1783–277, and Pub. L. 99–591, § 101(h) [title II], Oct. 30, 1986, 100 Stat. 3341–242, 3341–277. Pub. L. 99–190, § 101(d) [title II], Dec. 19, 1985, 99 Stat. 1224, 1256. Pub. L. 98–473, title I, § 101(c) [title II], Oct. 12, 1984, 98 Stat. 1837, 1865.