25 U.S.C. § 1616o — University of South Dakota pilot pro-

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.) Page 265 TITLE 25—INDIANS § 1621 1 See References in Text note below. § 1616p. Health professional chronic shortage demonstration programs (a) Demonstration programs The Secretary, acting through the Service, may fund demonstration programs for Indian health programs to address the chronic short- ages of health professionals. (b) Purposes of programs The purposes of demonstration programs under subsection (a) shall be— (1) to provide direct clinical and practical experience within an Indian health program to health profession students and residents from medical schools; (2) to improve the quality of health care for Indians by ensuring access to qualified health professionals; (3) to provide academic and scholarly oppor- tunities for health professionals serving Indi- ans by identifying all academic and scholarly resources of the region; and (4) to provide training and support for alter- native provider types, such as community health representatives, and community health aides. (c) Advisory board The demonstration programs established pur- suant to subsection (a) shall incorporate a pro- gram advisory board, which may be composed of representatives of tribal governments, Indian health programs, and Indian communities in the areas to be served by the demonstration pro- grams. (Pub. L. 94–437, title I, § 123, as added Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.) Editorial Notes CODIFICATION Section 123 of Pub. L. 94–437 is based on section 112 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. PRIOR PROVISIONS A prior section 1616p, Pub. L. 94–437, title I, § 123, as added Pub. L. 102–573, title I, § 117(a), Oct. 29, 1992, 106 Stat. 4544, 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)(1) 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. § 1616q. Exemption from payment of certain fees Employees of a tribal health program or urban Indian organization shall be exempt from pay- ment of licensing, registration, and any other fees imposed by a Federal agency to the same extent that officers of the commissioned corps of the Public Health Service and other employ- ees of the Service are exempt from those fees. (Pub. L. 94–437, title I, § 124, as added Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.) Editorial Notes CODIFICATION Section 124 of Pub. L. 94–437 is based on section 113 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. § 1616r. Repealed. Pub. L. 111–148, title X, § 10221(b)(2), Mar. 23, 2010, 124 Stat. 936 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 en- acted into law by section 10221(a) of Pub. L. 111–148 and related to treatment of a scholarship provided to an in- dividual under this subchapter as a qualified scholar- ship for purposes of section 117 of Title 26, Internal Revenue Code. SUBCHAPTER II—HEALTH SERVICES § 1621. Indian Health Care Improvement Fund (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 et seq.),1 which are appropriated under the author- ity 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 ap- propriate; (4) eliminating inequities in funding for both direct care and contract health service pro- grams; and (5) augmenting the ability of the Service to meet the following health service responsibil- ities 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, clin- ical eye, and vision care), primary care, sec- ondary and tertiary care, and long-term care. (B) Preventive health, including mammog- raphy 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 treat- ment centers, and training of traditional health care practitioners. (E) Emergency medical services. (F) Treatment and control of, and rehabili- tative care related to, alcoholism and drug abuse (including fetal alcohol syndrome) among Indians. (G) Injury prevention programs, including data collection and evaluation, demonstra-