25 U.S.C. § 1647 — Eligible Indian veteran services

Page 307 TITLE 25—INDIANS § 1647a 1 See References in Text note below. ter. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of this title and Tables. § 1647. Eligible Indian veteran services (a) Findings; purpose (1) Findings Congress finds that— (A) collaborations between the Secretary and the Secretary of Veterans Affairs re- garding the treatment of Indian veterans at facilities of the Service should be encour- aged to the maximum extent practicable; and (B) increased enrollment for services of the Department of Veterans Affairs by veterans who are members of Indian tribes should be encouraged to the maximum extent prac- ticable. (2) Purpose The purpose of this section is to reaffirm the goals stated in the document entitled ‘‘Memo- randum of Understanding Between the VA/ Veterans Health Administration And HHS/In- dian Health Service’’ and dated February 25, 2003 (relating to cooperation and resource sharing between the Veterans Health Adminis- tration and Service). (b) Definitions In this section: (1) Eligible Indian veteran The term ‘‘eligible Indian veteran’’ means an Indian or Alaska Native veteran who re- ceives any medical service that is— (A) authorized under the laws adminis- tered by the Secretary of Veterans Affairs; and (B) administered at a facility of the Serv- ice (including a facility operated by an In- dian tribe or tribal organization through a contract or compact with the Service under the Indian Self-Determination and Edu- cation Assistance Act (25 U.S.C. 450 et seq.)) 1 pursuant to a local memorandum of under- standing. (2) Local memorandum of understanding The term ‘‘local memorandum of under- standing’’ means a memorandum of under- standing between the Secretary (or a designee, including the director of any area office of the Service) and the Secretary of Veterans Affairs (or a designee) to implement the document en- titled ‘‘Memorandum of Understanding Be- tween the VA/Veterans Health Administration And HHS/Indian Health Service’’ and dated February 25, 2003 (relating to cooperation and resource sharing between the Veterans Health Administration and Indian Health Service). (c) Eligible Indian veterans expenses (1) In general Notwithstanding any other provision of law, the Secretary shall provide for veteran-related expenses incurred by eligible Indian veterans as described in subsection (b)(1)(B). (2) Method of payment The Secretary shall establish such guide- lines as the Secretary determines to be appro- priate regarding the method of payments to the Secretary of Veterans Affairs under para- graph (1). (d) Tribal approval of memoranda In negotiating a local memorandum of under- standing with the Secretary of Veterans Affairs regarding the provision of services to eligible In- dian veterans, the Secretary shall consult with each Indian tribe that would be affected by the local memorandum of understanding. (e) Funding (1) Treatment Expenses incurred by the Secretary in car- rying out subsection (c)(1) shall not be consid- ered to be Contract Health Service expenses. (2) Use of funds Of funds made available to the Secretary in appropriations Acts for the Service (excluding funds made available for facilities, Contract Health Services, or contract support costs), the Secretary shall use such sums as are nec- essary to carry out this section. (Pub. L. 94–437, title IV, § 407, as added 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. (b)(1)(B), 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. CODIFICATION Section 407 of Pub. L. 94–437 is based on section 155 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 1647, Pub. L. 94–437, title IV, § 407, as added Pub. L. 102–573, title IV, § 406, Oct. 29, 1992, 106 Stat. 4566, 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)(7) 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. § 1647a. Nondiscrimination under Federal health care programs in qualifications for reim- bursement for services (a) Requirement to satisfy generally applicable participation requirements (1) In general A Federal health care program must accept an entity that is operated by the Service, an Indian tribe, tribal organization, or urban In- dian organization as a provider eligible to re- ceive payment under the program for health care services furnished to an Indian on the