25 U.S.C. § 1637
The purpose of this section is to encourage the establishment of demonstration projects that meet the applicable criteria of this section to be carried out by the Secretary, acting through the Service, or Indian tribes or tribal organizations acting pursuant to contracts or compacts under the Indian Self Determination 1 and Education Assistance Act (25 U.S.C. 450 et seq.)- 2
The Secretary, acting through the Service, is authorized to carry out, or to enter into contracts or compacts under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) 2 with Indian tribes or tribal organizations to carry out, health care delivery demonstration projects that-
The Secretary, in approving projects pursuant to this section-
In this subsection, the term "convenient care service" means any primary health care service, such as urgent care services, nonemergent care services, prevention services and screenings, and any service authorized by section 1621b of this title or 1621d(d) of this title, that is offered-
The Secretary may approve under this section demonstration projects that meet the following criteria:
In approving demonstration projects under this paragraph, the Secretary shall give priority to demonstration projects, to the extent the projects meet the criteria described in subparagraph (A), located in any of the following Service units:
On receipt of an application or request from an Indian tribe, a consortium of Indian tribes, or a tribal organization within a Service area, the Secretary shall take into consideration alternative or innovated 3 methods to deliver health care services within the Service area (or a portion of, or facility within, the Service area) as described in the application or request, including medical, dental, pharmaceutical, nursing, clinical laboratory, contract health services, convenient care services, community health centers, or any other health care services delivery models designed to improve access to, or efficiency or quality of, the health care, health promotion, or disease prevention services and programs under this chapter.
In addition to projects described in paragraph (2), in any fiscal year, the Secretary is authorized under this paragraph to approve not more than 10 applications for health care delivery demonstration projects that meet the criteria described in subparagraph (C).
The Secretary shall approve under subparagraph (B) demonstration projects that meet all of the following criteria:
On receipt of an application or request from an Indian tribe, a consortium of Indian tribes, or a tribal organization, the Secretary shall provide such technical and other assistance as may be necessary to enable applicants to comply with this section, including information regarding the Service unit budget and available funding for carrying out the proposed demonstration project.
Subject to section 1680c of this title, the authority to provide services to persons otherwise ineligible for the health care benefits of the Service, and the authority to extend hospital privileges in Service facilities to non-Service health practitioners as provided in section 1680c of this title, may be included, subject to the terms of that section, in any demonstration project approved pursuant to this section.
For purposes of subsection (c), the Secretary, in evaluating facilities operated under any contract or compact under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.),2 shall use the same criteria that the Secretary uses in evaluating facilities operated directly by the Service.
The Secretary shall ensure that the planning, design, construction, renovation, and expansion needs of Service and non-Service facilities that are the subject of a contract or compact under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) 2 for health services are fully and equitably integrated into the implementation of the health care delivery demonstration projects under this section.
1 So in original. Probably should be "Self-Determination".
2 See References in Text note below.
3 So in original. Probably should be "innovative".
25 U.S.C. § 1637
EDITORIAL NOTES
REFERENCES IN TEXTThis chapter, referred to in subsecs. (a)(1)(B), (b)(2)(B), (c)(3)(A), 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.The Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), referred to in subsecs. (a), (f), and (g), 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 reclassification 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.
CODIFICATIONAmendment by Pub. L. 111-148 is based on section 143 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 section 10221(a) of Pub. L. 111-148.
AMENDMENTS2010- Pub. L. 111-148 amended section generally. Prior to amendment, section authorized contracts and grants to carry out an Indian health care delivery demonstration project and related to use of funds, criteria, technical assistance, service to ineligible persons, equitable treatment, equitable integration of facilities, and report to Congress.1992- Pub. L. 102-573, §902(4)(A), made technical amendment to section catchline.Subsec. (c)(1)(A). Pub. L. 102-573, §304(a)(1), inserted "or program" after "facility" in two places.Subsec. (c)(3)(A). Pub. L. 102-573, §304(a)(2), substituted "On or before September 30, 1995, the" for "The" and inserted "and for which a completed application has been received by the Secretary" after "paragraph (1)".Subsec. (c)(3)(B). Pub. L. 102-573, §304(a)(3), which directed amendment of subsec. (c) by striking subpar. (B) and inserting a new subpar. (B), was executed by making the amendment in par. (3) of subsec. (c) to reflect the probable intent of Congress. Prior to amendment, subpar. (B) read as follows: "After entering into contracts or awarding grants in accordance with subparagraph (A), and taking into account contracts entered into and grants awarded under such subparagraph, the Secretary may only enter into one contract or award one grant under this subsection with respect to a service area until the Secretary has entered into contracts or awarded grants for all service areas with respect to which the Secretary receives applications during the application period, as determined by the Secretary, which meet the criteria developed under paragraph (1)."Subsec. (e). Pub. L. 102-573, §701(c)(2), made technical amendment to the reference to section 1680c of this title to reflect renumbering of corresponding section of original act.Subsec. (h). Pub. L. 102-573, §304(b), amended subsec. (h) generally. Prior to amendment, subsec. (h) read as follows: "Within 90 days after the end of the period set out in subsection (a) of this section, the Secretary shall prepare and submit to Congress a report, together with legislative recommendations, on the findings and conclusions derived from the demonstration projects."Subsec. (i). Pub. L. 102-573, §307(b)(2), struck out subsec. (i) which authorized appropriation of such sums as necessary for fiscal years 1991 and 1992 for purpose of carrying out this section.
- Indian tribe
- The term "Indian tribe" means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or group or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688) [43 U.S.C. 1601 et seq.], which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.
- Service area
- The term "Service area" means the geographical area served by each area office.
- Service unit
- The term "Service unit" means an administrative entity of the Service or a tribal health program through which services are provided, directly or by contract, to eligible Indians within a defined geographic area.
- Service
- The term "Service" means the Indian Health Service.
- health promotion
- The term "health promotion" means any activity for-(A) fostering social, economic, environmental, and personal factors conducive to health, including raising public awareness regarding health matters and enabling individuals to cope with health problems by increasing knowledge and providing valid information;(B) encouraging adequate and appropriate diet, exercise, and sleep;(C) promoting education and work in accordance with physical and mental capacity;(D) making available safe water and sanitary facilities;(E) improving the physical, economic, cultural, psychological, and social environment;(F) promoting culturally competent care; and(G) providing adequate and appropriate programs, including programs for-(i) abuse prevention (mental and physical);(ii) community health;(iii) community safety;(iv) consumer health education;(v) diet and nutrition;(vi) immunization and other methods of prevention of communicable diseases, including HIV/AIDS;(vii) environmental health;(viii) exercise and physical fitness;(ix) avoidance of fetal alcohol spectrum disorders;(x) first aid and CPR education;(xi) human growth and development;(xii) injury prevention and personal safety;(xiii) behavioral health;(xiv) monitoring of disease indicators between health care provider visits through appropriate means, including Internet-based health care management systems;(xv) personal health and wellness practices;(xvi) personal capacity building;(xvii) prenatal, pregnancy, and infant care;(xviii) psychological well-being;(xix) reproductive health and family planning;(xx) safe and adequate water;(xxi) healthy work environments;(xxii) elimination, reduction, and prevention of contaminants that create unhealthy household conditions (including mold and other allergens);(xxiii) stress control;(xxiv) substance abuse;(xxv) sanitary facilities;(xxvi) sudden infant death syndrome prevention;(xxvii) tobacco use cessation and reduction;(xxviii) violence prevention; and(xxix) such other activities identified by the Service, a tribal health program, or an urban Indian organization to promote achievement of any of the objectives referred to in section 1602(2) of this title.