42 U.S.C. § 11711 — Definitions

Page 8216 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11711 Senate on Aug. 7, 1992, to reflect the probable intent of Congress. Section was formerly classified to section 11709 of this title prior to the general amendment of this chap- ter by Pub. L. 102–396. Pub. L. 100–579 and Pub. L. 100–690 enacted substan- tially identical sections. The text of this section is based on section 11 of Pub. L. 100–579, as subsequently amended. PRIOR PROVISIONS A prior section 11710, Pub. L. 100–579, § 12, Oct. 31, 1988, 102 Stat. 2923; Pub. L. 100–690, title II, § 2312, Nov. 18, 1988, 102 Stat. 4230, which related to severability, was amended generally by Pub. L. 102–396, title IX, § 9168, Oct. 6, 1992, 106 Stat. 1948, and transferred to section 11711 of this title. AMENDMENTS 1992—Pub. L. 102–396 amended section generally. Prior to amendment, section related to compliance with Budget Act. § 11711. Definitions For purposes of this chapter: (1) Disease prevention The term ‘‘disease prevention’’ includes— (A) immunizations, (B) control of high blood pressure, (C) control of sexually transmittable dis- eases, (D) prevention and control of diabetes, (E) control of toxic agents, (F) occupational safety and health, (G) accident prevention, (H) fluoridation of water, (I) control of infectious agents, and (J) provision of mental health care. (2) Health promotion The term ‘‘health promotion’’ includes— (A) pregnancy and infant care, including prevention of fetal alcohol syndrome, (B) cessation of tobacco smoking, (C) reduction in the misuse of alcohol and drugs, (D) improvement of nutrition, (E) improvement in physical fitness, (F) family planning, (G) control of stress, and (H) educational programs with the mission of improving the health, capability, and well-being of Native Hawaiians. (3) Native Hawaiian The term ‘‘Native Hawaiian’’ means any in- dividual who is— (A) a citizen of the United States, and (B) a descendant of the aboriginal people, who prior to 1778, occupied and exercised sovereignty in the area that now constitutes the State of Hawaii, as evidenced by— (i) genealogical records, (ii) Kupuna (elders) or Kama’aina (long- term community residents) verification, or (iii) birth records of the State of Hawaii. (4) Native Hawaiian health center The term ‘‘Native Hawaiian health center’’ means an entity— (A) which is organized under the laws of the State of Hawaii, (B) which provides or arranges for health care services through practitioners licensed by the State of Hawaii, where licensure re- quirements are applicable, (C) which is a public or nonprofit private entity, and (D) in which Native Hawaiian health prac- titioners significantly participate in the planning, management, monitoring, and evaluation of health services. (5) Native Hawaiian organization The term ‘‘Native Hawaiian organization’’ means any organization— (A) which serves the interests of Native Hawaiians, (B) which is— (i) recognized by Papa Ola Lokahi for the purpose of planning, conducting, or admin- istering programs (or portions of pro- grams) authorized under this chapter for the benefit of Native Hawaiians, and (ii) certified by Papa Ola Lokahi as hav- ing the qualifications and capacity to pro- vide the services, and meet the require- ments, under the contract the organiza- tion enters into with, or grant the organi- zation receives from, the Secretary under this chapter, (C) in which Native Hawaiian health prac- titioners significantly participate in the planning, management, monitoring, and evaluation of health services, and (D) which is a public or nonprofit private entity. (6) Native Hawaiian health care system The term ‘‘Native Hawaiian health care sys- tem’’ means an entity— (A) which is organized under the laws of the State of Hawaii, (B) which provides or arranges for health care services through practitioners licensed by the State of Hawaii, where licensure re- quirements are applicable, (C) which is a public or nonprofit private entity, (D) in which Native Hawaiian health prac- titioners significantly participate in the planning, management, monitoring, and evaluation of health care services, (E) which may be composed of as many Na- tive Hawaiian health centers as necessary to meet the health care needs of each island’s Native Hawaiians, and (F) which is— (i) recognized by Papa Ola Lokahi for the purpose of planning, conducting, or admin- istering programs, or portions of pro- grams, authorized by this chapter for the benefit of Native Hawaiians, and (ii) certified by Papa Ola Lokahi as hav- ing the qualifications and the capacity to provide the services and meet the require- ments under the contract the Native Ha- waiian health care system enters into with the Secretary or the grant the Native Ha- waiian health care system receives from the Secretary pursuant to this chapter. (7) Papa Ola Lokahi (A) The term ‘‘Papa Ola Lokahi’’ means an organization composed of— (i) E Ola Mau; Page 8217 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11712 (ii) the Office of Hawaiian Affairs of the State of Hawaii; (iii) Alu Like Inc.; (iv) the University of Hawaii; (v) the Office of Hawaiian Health of the Hawaii State Department of Health; (vi) Ho’ola Lahui Hawaii, or a health care system serving the islands of Kaua’i and Ni’ihau, and which may be composed of as many health care centers as are necessary to meet the health care needs of the Native Ha- waiians of those islands; (vii) Ke Ola Mamo, or a health care system serving the island of O’ahu, and which may be composed of as many health care centers as are necessary to meet the health care needs of the Native Hawaiians of that island; (viii) Na Pu’uwai or a health care system serving the islands of Moloka’i and Lana’i, and which may be composed of as many health care centers as are necessary to meet the health care needs of the Native Hawai- ians of those islands; (ix) Hui No Ke Ola Pono, or a health care system serving the island of Maui, and which may be composed of as many health care centers as are necessary to meet the health care needs of the Native Hawaiians of that island; (x) Hui Malama Ola Ha’Oiwi or a health care system serving the island of Hawaii, and which may be composed of as many health care centers as are necessary to meet the health care needs of the Native Hawai- ians of that island; and (xi) such other member organizations as the Board of Papa Ola Lokahi may admit from time to time, based upon satisfactory demonstration of a record of contribution to the health and well-being of Native Hawai- ians, and upon satisfactory development of a mission statement in relation to this chap- ter, including clearly defined goals and ob- jectives, a 5-year action plan outlining the contributions that each organization will make in carrying out the policy of this chap- ter, and an estimated budget. (B) Such term does not include any such or- ganization identified in subparagraph (A) if the Secretary determines that such organiza- tion has not developed a mission statement with clearly defined goals and objectives for the contributions the organization will make to the Native Hawaiian health care systems, and an action plan for carrying out those goals and objectives. (8) Primary health services The term ‘‘primary health services’’ means— (A) services of physicians, physicians’ as- sistants, nurse practitioners, and other health professionals; (B) diagnostic laboratory and radiologic services; (C) preventive health services (including children’s eye and ear examinations to de- termine the need for vision and hearing cor- rection, perinatal services, well child serv- ices, and family planning services); (D) emergency medical services; (E) transportation services as required for adequate patient care; (F) preventive dental services; and (G) pharmaceutical services, as may be ap- propriate for particular health centers. (9) Secretary The term ‘‘Secretary’’ means the Secretary of Health and Human Services. (10) Traditional Native Hawaiian healer The term ‘‘traditional Native Hawaiian heal- er’’ means a practitioner— (A) who— (i) is of Hawaiian ancestry, and (ii) has the knowledge, skills, and experi- ence in direct personal health care of indi- viduals, and (B) whose knowledge, skills, and experi- ence are based on demonstrated learning of Native Hawaiian healing practices acquired by— (i) direct practical association with Na- tive Hawaiian elders, and (ii) oral traditions transmitted from gen- eration to generation. (Pub. L. 100–579, § 12, Oct. 31, 1988, 102 Stat. 2923; Pub. L. 100–690, title II, § 2312, Nov. 18, 1988, 102 Stat. 4230; Pub. L. 102–396, title IX, § 9168, Oct. 6, 1992, 106 Stat. 1948; Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.) Editorial Notes CODIFICATION Amendment by Pub. L. 111–148 is based on section 202(c) of title II 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. The 1992 amendment is based on section 1 of S. 2681, One Hundred Second Congress, as passed by the Senate on Aug. 7, 1992, and enacted into law by section 9168 of Pub. L. 102–396. Section 9168, which referred to S. 2681, as passed by the Senate on ‘‘September 12, 1992’’, has been treated as referring to S. 2681, as passed by the Senate on Aug. 7, 1992, to reflect the probable intent of Congress. Section was formerly classified to section 11710 of this title prior to the general amendment of this chap- ter by Pub. L. 102–396. Pub. L. 100–579 and Pub. L. 100–690 enacted substan- tially identical sections. The text of this section is based on section 12 of Pub. L. 100–579, as subsequently amended. AMENDMENTS 2010—Par. (2)(H). Pub. L. 111–148, which directed the amendment of section 12(2) of the Native Hawaiian Health Care Act of 1988 by adding subpar. (H), was exe- cuted by making the amendment to this section, which is section 12 of the Native Hawaiian Health Care Im- provement Act, to reflect the probable intent of Con- gress. 1992—Pub. L. 102–396 amended section generally. Prior to amendment, section related to severability. § 11712. Rule of construction Nothing in this chapter shall be construed to restrict the authority of the State of Hawaii to license health practitioners. (Pub. L. 100–579, § 13, as added Pub. L. 102–396, title IX, § 9168, Oct. 6, 1992, 106 Stat. 1948.) Editorial Notes CODIFICATION Section enacted by section 1 of S. 2681, One Hundred Second Congress, as passed by the Senate on Aug. 7,