25 U.S.C. § 1621f — Crediting of reimbursements

Page 273 TITLE 25—INDIANS § 1621f served by such Indian tribes and tribal organiza- tions. (j) Statute of limitations The provisions of section 2415 of title 28 shall apply to all actions commenced under this sec- tion, and the references therein to the United States are deemed to include Indian tribes, trib- al organizations, and urban Indian organiza- tions. (k) Savings Nothing in this section shall be construed to limit any right of recovery available to the United States, an Indian tribe, or tribal organi- zation under the provisions of any applicable, Federal, State, or tribal law, including medical lien laws. (Pub. L. 94–437, title II, § 206, as added Pub. L. 100–713, title II, § 204, Nov. 23, 1988, 102 Stat. 4811; amended Pub. L. 102–573, title II, § 209, Oct. 29, 1992, 106 Stat. 4551; 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. (e)(3)(A), 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 re- classification 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. The Federal Medical Care Recovery Act, referred to in subsec. (e)(3)(A), probably means Pub. L. 87–693, Sept. 25, 1962, 76 Stat. 593, which is classified generally to chapter 32 (§ 2651 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Tables. The Social Security Act, referred to in subsec. (h), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, which is classified generally to chapter 7 (§ 301 et seq.) of Title 42, The Public Health and Welfare. Title XVIII of the Act is classified generally to subchapter XVIII (§ 1395 et seq.) of chapter 7 of Title 42. For complete classification of this Act to the Code, see section 1305 of Title 42 and Ta- bles. CODIFICATION Amendment by Pub. L. 111–148 is based on section 125 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. AMENDMENTS 2010—Pub. L. 111–148 amended section generally. Prior to amendment, section related to right of recovery of costs of health services by the United States, an Indian tribe, or a tribal organization from certain third par- ties. 1992—Subsec. (a). Pub. L. 102–573, § 209(b)(1), sub- stituted ‘‘Except as provided in subsection (f) of this section, the’’ for ‘‘The’’. Pub. L. 102–573, § 209(a)(1)–(3), inserted ‘‘, an Indian tribe, or a tribal organization’’ after ‘‘United States’’, after ‘‘Service’’, and after ‘‘Secretary’’. Subsec. (b). Pub. L. 102–573, § 209(a)(4), struck out ‘‘, or any political subdivision of a State,’’ after ‘‘against any State’’. Subsecs. (c), (d). Pub. L. 102–573, § 209(a)(1), inserted ‘‘, an Indian tribe, or a tribal organization’’ after ‘‘United States’’. Subsec. (e). Pub. L. 102–573, § 209(a)(1), (3), inserted ‘‘, an Indian tribe, or a tribal organization’’ after ‘‘United States’’ in two places and after ‘‘Secretary’’. Subsec. (f). Pub. L. 102–573, § 209(b)(2), added subsec. (f). § 1621f. Crediting of reimbursements (a) Use of amounts (1) Retention by program Except as provided in sections 1621a(a)(2) and 1680c of this title, all reimbursements received or recovered under any of the programs de- scribed in paragraph (2), including under sec- tion 1680c of this title, by reason of the provi- sion of health services by the Service, by an Indian tribe or tribal organization, or by an urban Indian organization, shall be credited to the Service, such Indian tribe or tribal organi- zation, or such urban Indian organization, re- spectively, and may be used as provided in sec- tion 1641 of this title. In the case of such a service provided by or through a Service Unit, such amounts shall be credited to such unit and used for such purposes. (2) Programs covered The programs referred to in paragraph (1) are the following: (A) Titles XVIII, XIX, and XXI of the So- cial Security Act [42 U.S.C. 1395 et seq., 1396 et seq., 1397aa et seq.]. (B) This chapter, including section 1680c of this title. (C) Public Law 87–693 [42 U.S.C. 2651 et seq.]. (D) Any other provision of law. (b) No offset of amounts The Service may not offset or limit any amount obligated to any Service Unit or entity receiving funding from the Service because of the receipt of reimbursements under subsection (a). (Pub. L. 94–437, title II, § 207, as added Pub. L. 100–713, title II, § 204, Nov. 23, 1988, 102 Stat. 4812; amended Pub. L. 102–573, title VII, § 701(c)(1), Oct. 29, 1992, 106 Stat. 4572; Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.) Editorial Notes REFERENCES IN TEXT The Social Security Act, referred to in subsec. (a)(2)(A), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Titles XVIII, XIX, and XXI of the Act are classified generally to subchapters XVIII (§ 1395 et seq.), XIX (§ 1396 et seq.), and XXI (§ 1397aa et seq.), respectively, of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. This chapter, referred to in subsec. (a)(2)(B), 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. Public Law 87–693, referred to in subsec. (a)(2)(C), is Pub. L. 87–693, Sept. 25, 1962, 76 Stat. 593, popularly known as the Federal Medical Care Recovery Act, which is classified generally to chapter 32 (§ 2651 et seq.) of Title 42, The Public Health and Welfare. For com- plete classification of this Act to the Code, see Tables. Page 274 TITLE 25—INDIANS § 1621g CODIFICATION Amendment by Pub. L. 111–148 is based on section 126 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. AMENDMENTS 2010—Pub. L. 111–148 amended section generally. Prior to amendment, section related to crediting of reim- bursements. 1992—Subsec. (a). Pub. L. 102–573 made technical amendment to reference to section 1680c of this title to reflect renumbering of corresponding section of origi- nal act. § 1621g. Health services research Of the amounts appropriated for the Service in any fiscal year, other than amounts made avail- able for the Indian Health Care Improvement Fund, not less than $200,000 shall be available only for research to further the performance of the health service responsibilities of the Serv- ice. Indian tribes and tribal organizations con- tracting with the Service under the authority of the Indian Self-Determination Act [25 U.S.C. 5321 et seq.] shall be given an equal opportunity to compete for, and receive, research funds under this section. (Pub. L. 94–437, title II, § 208, as added Pub. L. 100–713, title II, § 204, Nov. 23, 1988, 102 Stat. 4812.) Editorial Notes REFERENCES IN TEXT The Indian Self-Determination Act, referred to in text, is title I of Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2206, which is classified principally to subchapter I (§ 5321 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. § 1621h. Mental health prevention and treatment services (a) National plan for Indian Mental Health Serv- ices (1) Not later than 120 days after November 28, 1990, the Secretary, acting through the Service, shall develop and publish in the Federal Reg- ister a final national plan for Indian Mental Health Services. The plan shall include— (A) an assessment of the scope of the prob- lem of mental illness and dysfunctional and self-destructive behavior, including child abuse and family violence, among Indians, in- cluding— (i) the number of Indians served by the Service who are directly or indirectly af- fected by such illness or behavior, and (ii) an estimate of the financial and human cost attributable to such illness or behavior; (B) an assessment of the existing and addi- tional resources necessary for the prevention and treatment of such illness and behavior; and (C) an estimate of the additional funding needed by the Service to meet its responsibil- ities under the plan. (2) The Secretary shall submit a copy of the national plan to the Congress. (b) Memorandum of agreement Not later than 180 days after November 28, 1990, the Secretary and the Secretary of the In- terior shall develop and enter into a memo- randum of agreement under which the Secre- taries shall, among other things— (1) determine and define the scope and na- ture of mental illness and dysfunctional and self-destructive behavior, including child abuse and family violence, among Indians; (2) make an assessment of the existing Fed- eral, tribal, State, local, and private services, resources, and programs available to provide mental health services for Indians; (3) make an initial determination of the unmet need for additional services, resources, and programs necessary to meet the needs identified pursuant to paragraph (1); (4)(A) ensure that Indians, as citizens of the United States and of the States in which they reside, have access to mental health services to which all citizens have access; (B) determine the right of Indians to partici- pate in, and receive the benefit of, such serv- ices; and (C) take actions necessary to protect the ex- ercise of such right; (5) delineate the responsibilities of the Bu- reau of Indian Affairs and the Service, includ- ing mental health identification, prevention, education, referral, and treatment services (including services through multidisciplinary resource teams), at the central, area, and agency and service unit levels to address the problems identified in paragraph (1); (6) provide a strategy for the comprehensive coordination of the mental health services provided by the Bureau of Indian Affairs and the Service to meet the needs identified pursu- ant to paragraph (1), including— (A) the coordination of alcohol and sub- stance abuse programs of the Service, the Bureau of Indian Affairs, and the various tribes (developed under the Indian Alcohol and Substance Abuse Prevention and Treat- ment Act of 1986 [25 U.S.C. 2401 et seq.]) with the mental health initiatives pursuant to this chapter, particularly with respect to the referral and treatment of dually-diagnosed individuals requiring mental health and sub- stance abuse treatment; and (B) ensuring that Bureau of Indian Affairs and Service programs and services (includ- ing multidisciplinary resource teams) ad- dressing child abuse and family violence are coordinated with such non-Federal programs and services; (7) direct appropriate officials of the Bureau of Indian Affairs and the Service, particularly at the agency and service unit levels, to co- operate fully with tribal requests made pursu- ant to subsection (d); and (8) provide for an annual review of such agreement by the two Secretaries. (c) Community mental health plan (1) The governing body of any Indian tribe may, at its discretion, adopt a resolution for the establishment of a community mental health plan providing for the identification and coordi- nation of available resources and programs to