25 U.S.C. § 1643 — Amount and use of funds reimbursed

Page 303 TITLE 25—INDIANS § 1644 (Pub. L. 94–437, title IV, § 402, Sept. 30, 1976, 90 Stat. 1409; Pub. L. 100–713, title IV, § 401(a), (b), Nov. 23, 1988, 102 Stat. 4818; Pub. L. 102–573, title IV, § 401(b)(1), Oct. 29, 1992, 106 Stat. 4565; 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), 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. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. The Indian Self-Determination and Education Assist- ance Act (25 U.S.C. 450 et seq.), referred to in subsec. (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 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. CODIFICATION Amendment by Pub. L. 111–148 is based on section 152 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. Prior to general amendment by Pub. L. 102–573, sec- tion 402 of Pub. L. 94–437, in subsec. (a) enacted section 1396j of Title 42, The Public Health and Welfare, in sub- secs. (b) to (d) enacted provisions set out as notes under section 1396j of Title 42 (of which subsecs. (c) and (d) were restated in this section), and in subsec. (e) amend- ed section 1396d of Title 42. AMENDMENTS 2010—Pub. L. 111–148 amended section generally. Prior to amendment, section related to treatment of pay- ments under medicaid program. 1992—Pub. L. 102–573 amended section generally, sub- stituting subsecs. (a) and (b) for former subsecs. (a) to (e). See Codification note above. 1988—Subsec. (b). Pub. L. 100–713, § 401(b), struck out subsec. (b) which authorized Secretary of Health and Human Services to enter into agreements to reimburse State agencies for health care and services provided in Indian Health Service facilities to Indians eligible for medical assistance under title XIX of the Social Secu- rity Act. Subsec. (c). Pub. L. 100–713, § 401(a), substituted ‘‘skilled nursing facility, or any other type of facility which provides services of a type otherwise covered under a State plan for medical assistance approved under title XIX of the Social Security Act’’ for ‘‘or skilled nursing facility’’, ‘‘such a State plan’’ for ‘‘a State plan approved under title XIX of the Social Secu- rity Act’’, and ‘‘In making payments from such fund, the Secretary shall ensure that each service unit of the Indian Health Service receives at least 50 percent of the amounts to which the facilities of the Indian Health Service, for which such service unit makes collections, are entitled by reason of section 1911 of the Social Se- curity Act, if such amount is necessary for the purpose of making improvements in such facilities in order to achieve compliance with the conditions and require- ments of title XIX of the Social Security Act. This sub- section shall’’ for ‘‘The preceding sentence shall’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Pub. L. 102–573, title IV, § 401(b)(2), Oct. 29, 1992, 106 Stat. 4565, provided that: ‘‘The increase (from 50 per- cent) in the percentage of the payments from the fund to be made to each service unit of the Service specified in the amendment made by paragraph (1) [amending this section] shall take effect beginning with payments made on January 1, 1993.’’ EFFECTIVE DATE OF 1988 AMENDMENT Pub. L. 100–713, title IV, § 401(c), Nov. 23, 1988, 102 Stat. 4818, provided that: ‘‘The amendments made by this section [amending this section] shall apply to serv- ices performed on or after the date of the enactment of this Act [Nov. 23, 1988].’’ § 1643. Amount and use of funds reimbursed through medicare and medicaid available to Indian Health Service The Secretary shall submit to the President, for inclusion in the report required to be trans- mitted to the Congress under section 1671 of this title, an accounting on the amount and use of funds made available to the Service pursuant to this subchapter as a result of reimbursements through titles XVIII and XIX of the Social Secu- rity Act, as amended [42 U.S.C. 1395 et seq., 1396 et seq.]. (Pub. L. 94–437, title IV, § 403, Sept. 30, 1976, 90 Stat. 1410; Pub. L. 102–573, title IV, § 402, Oct. 29, 1992, 106 Stat. 4566.) Editorial Notes REFERENCES IN TEXT The Social Security Act, referred to in text, 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. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. CODIFICATION Section was formerly set out as a note under section 1671 of this title. AMENDMENTS 1992—Pub. L. 102–573 substituted ‘‘The Secretary shall submit to the President, for inclusion in the report re- quired to be transmitted to the Congress under section 1671 of this title,’’ for ‘‘The Secretary shall include in his annual report required by section 1671 of this title’’. § 1644. Grants to and contracts with the Service, Indian tribes, tribal organizations, and urban Indian organizations to facilitate out- reach, enrollment, and coverage of Indians under Social Security Act health benefit pro- grams and other health benefits programs (a) Indian tribes and tribal organizations The Secretary, acting through the Service, shall make grants to or enter into contracts with Indian tribes and tribal organizations to assist such tribes and tribal organizations in es- tablishing and administering programs on or near reservations and trust lands, including pro- grams to provide outreach and enrollment through video, electronic delivery methods, or telecommunication devices that allow real-time or time-delayed communication between indi- vidual Indians and the benefit program, to assist individual Indians— (1) to enroll for benefits under a program es- tablished under title XVIII, XIX, or XXI of the