25 U.S.C. § 1621d — Other authority for provision of services

Page 271 TITLE 25—INDIANS § 1621e 1 See References in Text note below. struck out at beginning ‘‘There are authorized to be ap- propriated such sums as may be necessary to carry out the provisions of this section.’’ § 1621d. Other authority for provision of services (a) Definitions In this section: (1) Assisted living service The term ‘‘assisted living service’’ means any service provided by an assisted living fa- cility (as defined in section 1715w(b) of title 12), except that such an assisted living facil- ity— (A) shall not be required to obtain a li- cense; but (B) shall meet all applicable standards for licensure. (2) Home- and community-based service The term ‘‘home- and community-based service’’ means 1 or more of the services speci- fied in paragraphs (1) through (9) of section 1396t(a) of title 42 (whether provided by the Service or by an Indian tribe or tribal organi- zation pursuant to the Indian Self-Determina- tion and Education Assistance Act (25 U.S.C. 450 et seq.)) 1 that are or will be provided in ac- cordance with applicable standards. (3) Hospice care The term ‘‘hospice care’’ means— (A) the items and services specified in sub- paragraphs (A) through (H) of section 1395x(dd)(1) of title 42; and (B) such other services as an Indian tribe or tribal organization determines are nec- essary and appropriate to provide in further- ance of that care. (4) Long-term care services The term ‘‘long-term care services’’ has the meaning given the term ‘‘qualified long-term care services’’ in section 7702B(c) of title 26. (b) Funding authorized The Secretary, acting through the Service, In- dian tribes, and tribal organizations, may pro- vide funding under this chapter to meet the ob- jectives set forth in section 1602 of this title through health care-related services and pro- grams not otherwise described in this chapter for the following services: (1) Hospice care. (2) Assisted living services. (3) Long-term care services. (4) Home- and community-based services. (c) Eligibility The following individuals shall be eligible to receive long-term care services under this sec- tion: (1) Individuals who are unable to perform a certain number of activities of daily living without assistance. (2) Individuals with a mental impairment, such as dementia, Alzheimer’s disease, or an- other disabling mental illness, who may be able to perform activities of daily living under supervision. (3) Such other individuals as an applicable tribal health program determines to be appro- priate. (d) Authorization of convenient care services The Secretary, acting through the Service, In- dian tribes, and tribal organizations, may also provide funding under this chapter to meet the objectives set forth in section 1602 of this title for convenient care services programs pursuant to section 1637(c)(2)(A) of this title. (Pub. L. 94–437, title II, § 205, as added Pub. L. 102–573, title II, § 206(a), Oct. 29, 1992, 106 Stat. 4548; amended Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.) Editorial Notes REFERENCES IN TEXT The Indian Self-Determination and Education Assist- ance Act (25 U.S.C. 450 et seq.), referred to in subsec. (a)(2), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which was classified principally to subchapter II (§ 450 et seq.) of chapter 14 of this title prior to editorial reclassifica- tion as chapter 46 (§ 5301 et seq.) of this title. For com- plete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables. This chapter, referred to in subsecs. (b) and (d), was in the original ‘‘this Act’’, meaning Pub. L. 94–437, Sept. 30, 1976, 90 Stat. 1400, known as the Indian Health Care Improvement Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of this title and Tables. CODIFICATION Amendment by Pub. L. 111–148 is based on section 124(a)(1) of title I 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. PRIOR PROVISIONS A prior section 1621d, Pub. L. 94–437, title II, § 205, as added Pub. L. 100–713, title II, § 203(c), Nov. 23, 1988, 102 Stat. 4807, related to Native Hawaiian health pro- motion and disease prevention, prior to repeal by Pub. L. 100–579, § 14, formerly § 10, Oct. 31, 1988, 102 Stat. 2923; Pub. L. 100–690, title II, § 2310, Nov. 18, 1988, 102 Stat. 4229; renumbered § 14, Pub. L. 102–396, title IX, § 9168, Oct. 6, 1992, 106 Stat. 1948. See section 11701 et seq. of Title 42, The Public Health and Welfare. AMENDMENTS 2010—Pub. L. 111–148 amended section generally. Prior to amendment, section related to hospice care feasi- bility study. § 1621e. Reimbursement from certain third par- ties of costs of health services (a) Right of recovery Except as provided in subsection (f), the United States, an Indian tribe, or tribal organi- zation shall have the right to recover from an insurance company, health maintenance organi- zation, employee benefit plan, third-party tortfeasor, or any other responsible or liable third party (including a political subdivision or local governmental entity of a State) the rea- sonable charges billed by the Secretary, an In- dian tribe, or tribal organization in providing health services through the Service, an Indian tribe, or tribal organization, or, if higher, the highest amount the third party would pay for care and services furnished by providers other than governmental entities, to any individual to