SUBCHAPTER VI—MISCELLANEOUS
Editorial Notes
Codification
This subchapter was in the original title VIII, formerly VII, of
§1671. Reports
The President shall, at the time the budget is submitted under
(1) a report on the progress made in meeting the objectives of this chapter, including a review of programs established or assisted pursuant to this chapter and an assessment and recommendations of additional programs or additional assistance necessary to, at a minimum, provide health services to Indians, and ensure a health status for Indians, which are at a parity with the health services available to and the health status of, the general population;
(2) a report on whether, and to what extent, new national health care programs, benefits, initiatives, or financing systems have had an impact on the purposes of this chapter and any steps that the Secretary may have taken to consult with Indian tribes to address such impact;
(3) a report on the use of health services by Indians—
(A) on a national and area or other relevant geographical basis;
(B) by gender and age;
(C) by source of payment and type of service; and
(D) comparing such rates of use with rates of use among comparable non-Indian populations.1
(4) a separate statement which specifies the amount of funds requested to carry out the provisions of
(5) a separate statement of the total amount obligated or expended in the most recently completed fiscal year to achieve each of the objectives described in
(6) the reports required by sections 1602(d),2 1616a(n), 1621b(b), 1621h(j), 1631(c), 1632(g), 1634(a)(3), 1643, 1665g(e),2 and 1680g(a), and 1680l(f) 2 of this title;
(7) for fiscal year 1995, the report required by sections 1665a(c)(3) 2 and 1665l(b) 2 of this title;
(8) for fiscal year 1997, the interim report required by section 1637(h)(1) 2 of this title; and
(9) for fiscal year 1999, the reports required by sections 1637(h)(2),2 1660b(b),2 1665j(f),2 and 1680k(g) 2 of this title.
(
Editorial Notes
References in Text
Amendments
1992—
Statutory Notes and Related Subsidiaries
Commission on Indian and Native Alaskan Health Care
"(a)
"(b)
"(1)
"(A) the Secretary;
"(B) 15 members who are experts in the health care field and issues that the Commission is established to examine; and
"(C) the Director of the Indian Health Service and the Commissioner of Indian Affairs, who shall be nonvoting members.
"(2)
"(A) two shall be appointed by the Speaker of the House of Representatives;
"(B) two shall be appointed by the Minority Leader of the House of Representatives;
"(C) two shall be appointed by the Majority Leader of the Senate;
"(D) two shall be appointed by the Minority Leader of the Senate; and
"(E) seven shall be appointed by the Secretary.
"(3)
"(4)
"(5)
"(c)
"(d)
"(1) study the health concerns of Indians and Native Alaskans; and
"(2) prepare the reports described in subsection (i).
"(e)
"(1)
"(2)
"(f)
"(1)
"(2)
"(g)
"(h)
"(1)
"(2)
"(3)
"(4)
"(i)
"(1)
"(A) detail the health problems faced by Indians and Native Alaskans who reside on reservations;
"(B) examine and explain the causes of such problems;
"(C) describe the health care services available to Indians and Native Alaskans who reside on reservations and the adequacy of such services;
"(D) identify the reasons for the provision of inadequate health care services for Indians and Native Alaskans who reside on reservations, including the availability of resources;
"(E) develop measures for tracking the health status of Indians and Native Americans who reside on reservations; and
"(F) make recommendations for improvements in the health care services provided for Indians and Native Alaskans who reside on reservations, including recommendations for legislative change.
"(2)
"(j)
"(k)
References to Sections 701 to 720 of Public Law 94–437
1 So in original. The period probably should be a semicolon.
2 See References in Text note below.
§1672. Regulations
Prior to any revision of or amendment to rules or regulations promulgated pursuant to this chapter, the Secretary shall consult with Indian tribes and appropriate national or regional Indian organizations and shall publish any proposed revision or amendment in the Federal Register not less than sixty days prior to the effective date of such revision or amendment in order to provide adequate notice to, and receive comments from, other interested parties.
(
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
Amendments
1992—
§1673. Repealed. Pub. L. 102–573, title IX, §901(4), Oct. 29, 1992, 106 Stat. 4591
Section,
§1674. Leases with Indian tribes
(a) Notwithstanding any other provision of law, the Secretary is authorized, in carrying out the purposes of this chapter, to enter into leases with Indian tribes for periods not in excess of twenty years. Property leased by the Secretary from an Indian tribe may be reconstructed or renovated by the Secretary pursuant to an agreement with such Indian tribe.
(b) The Secretary may enter into leases, contracts, and other legal agreements with Indian tribes or tribal organizations which hold—
(1) title to;
(2) a leasehold interest in; or
(3) a beneficial interest in (where title is held by the United States in trust for the benefit of a tribe);
facilities used for the administration and delivery of health services by the Service or by programs operated by Indian tribes or tribal organizations to compensate such Indian tribes or tribal organizations for costs associated with the use of such facilities for such purposes. Such costs include rent, depreciation based on the useful life of the building, principal and interest paid or accrued, operation and maintenance expenses, and other expenses determined by regulation to be allowable.
(
Editorial Notes
References in Text
This chapter, referred to in subsec. (a), was in the original "this Act", meaning
Amendments
1988—
1980—
§1675. Confidentiality of medical quality assurance records; qualified immunity for participants
(a) Definitions
In this section:
(1) Health care provider
The term "health care provider" means any health care professional, including community health aides and practitioners certified under
(A) granted clinical practice privileges or employed to provide health care services at—
(i) an Indian health program; or
(ii) a health program of an urban Indian organization; and
(B) licensed or certified to perform health care services by a governmental board or agency or professional health care society or organization.
(2) Medical quality assurance program
The term "medical quality assurance program" means any activity carried out before, on, or after March 23, 2010, by or for any Indian health program or urban Indian organization to assess the quality of medical care, including activities conducted by or on behalf of individuals, Indian health program or urban Indian organization medical or dental treatment review committees, or other review bodies responsible for quality assurance, credentials, infection control, patient safety, patient care assessment (including treatment procedures, blood, drugs, and therapeutics), medical records, health resources management review, and identification and prevention of medical or dental incidents and risks.
(3) Medical quality assurance record
The term "medical quality assurance record" means the proceedings, records, minutes, and reports that—
(A) emanate from quality assurance program activities described in paragraph (2); and
(B) are produced or compiled by or for an Indian health program or urban Indian organization as part of a medical quality assurance program.
(b) Confidentiality of records
Medical quality assurance records created by or for any Indian health program or a health program of an urban Indian organization as part of a medical quality assurance program are confidential and privileged. Such records may not be disclosed to any person or entity, except as provided in subsection (d).
(c) Prohibition on disclosure and testimony
(1) In general
No part of any medical quality assurance record described in subsection (b) may be subject to discovery or admitted into evidence in any judicial or administrative proceeding, except as provided in subsection (d).
(2) Testimony
An individual who reviews or creates medical quality assurance records for any Indian health program or urban Indian organization who participates in any proceeding that reviews or creates such records may not be permitted or required to testify in any judicial or administrative proceeding with respect to such records or with respect to any finding, recommendation, evaluation, opinion, or action taken by such person or body in connection with such records except as provided in this section.
(d) Authorized disclosure and testimony
(1) In general
Subject to paragraph (2), a medical quality assurance record described in subsection (b) may be disclosed, and an individual referred to in subsection (c) may give testimony in connection with such a record, only as follows:
(A) To a Federal agency or private organization, if such medical quality assurance record or testimony is needed by such agency or organization to perform licensing or accreditation functions related to any Indian health program or to a health program of an urban Indian organization to perform monitoring, required by law, of such program or organization.
(B) To an administrative or judicial proceeding commenced by a present or former Indian health program or urban Indian organization provider concerning the termination, suspension, or limitation of clinical privileges of such health care provider.
(C) To a governmental board or agency or to a professional health care society or organization, if such medical quality assurance record or testimony is needed by such board, agency, society, or organization to perform licensing, credentialing, or the monitoring of professional standards with respect to any health care provider who is or was an employee of any Indian health program or urban Indian organization.
(D) To a hospital, medical center, or other institution that provides health care services, if such medical quality assurance record or testimony is needed by such institution to assess the professional qualifications of any health care provider who is or was an employee of any Indian health program or urban Indian organization and who has applied for or been granted authority or employment to provide health care services in or on behalf of such program or organization.
(E) To an officer, employee, or contractor of the Indian health program or urban Indian organization that created the records or for which the records were created. If 1 that officer, employee, or contractor has a need for such record or testimony to perform official duties.
(F) To a criminal or civil law enforcement agency or instrumentality charged under applicable law with the protection of the public health or safety, if a qualified representative of such agency or instrumentality makes a written request that such record or testimony be provided for a purpose authorized by law.
(G) In an administrative or judicial proceeding commenced by a criminal or civil law enforcement agency or instrumentality referred to in subparagraph (F), but only with respect to the subject of such proceeding.
(2) Identity of participants
With the exception of the subject of a quality assurance action, the identity of any person receiving health care services from any Indian health program or urban Indian organization or the identity of any other person associated with such program or organization for purposes of a medical quality assurance program that is disclosed in a medical quality assurance record described in subsection (b) shall be deleted from that record or document before any disclosure of such record is made outside such program or organization.
(e) Disclosure for certain purposes
(1) In general
Nothing in this section shall be construed as authorizing or requiring the withholding from any person or entity aggregate statistical information regarding the results of any Indian health program or urban Indian organization's medical quality assurance programs.
(2) Withholding from Congress
Nothing in this section shall be construed as authority to withhold any medical quality assurance record from a committee of either House of Congress, any joint committee of Congress, or the Government Accountability Office if such record pertains to any matter within their respective jurisdictions.
(f) Prohibition on disclosure of record or testimony
An individual or entity having possession of or access to a record or testimony described by this section may not disclose the contents of such record or testimony in any manner or for any purpose except as provided in this section.
(g) Exemption from Freedom of Information Act
Medical quality assurance records described in subsection (b) may not be made available to any person under
(h) Limitation on civil liability
An individual who participates in or provides information to a person or body that reviews or creates medical quality assurance records described in subsection (b) shall not be civilly liable for such participation or for providing such information if the participation or provision of information was in good faith based on prevailing professional standards at the time the medical quality assurance program activity took place.
(i) Application to information in certain other records
Nothing in this section shall be construed as limiting access to the information in a record created and maintained outside a medical quality assurance program, including a patient's medical records, on the grounds that the information was presented during meetings of a review body that are part of a medical quality assurance program.
(j) Regulations
The Secretary, acting through the Service, shall promulgate regulations pursuant to
(k) Continued protection
Disclosure under subsection (d) does not permit redisclosure except to the extent such further disclosure is authorized under subsection (d) or is otherwise authorized to be disclosed under this section.
(l) Inconsistencies
To the extent that the protections under part C of title IX of the Public Health Service Act (
(m) Relationship to other law
This section shall continue in force and effect, except as otherwise specifically provided in any Federal law enacted after March 23, 2010.
(
Editorial Notes
References in Text
The Public Health Service Act, referred to in subsec. (l), is act July 1, 1944, ch. 373,
Codification
Section 805 of
Prior Provisions
A prior section 1675,
1 So in original. Probably should be "were created, if".
§1676. Limitation on use of funds appropriated to Indian Health Service
(a) HHS appropriations
Any limitation on the use of funds contained in an Act providing appropriations for the Department of Health and Human Services for a period with respect to the performance of abortions shall apply for that period with respect to the performance of abortions using funds contained in an Act providing appropriations for the Indian Health Service.
(b) Limitations pursuant to other Federal law
Any limitation pursuant to other Federal laws on the use of Federal funds appropriated to the Service shall apply with respect to the performance or coverage of abortions.
(
Editorial Notes
Amendments
2010—
1988—
§1677. Nuclear resource development health hazards
(a) Study
The Secretary and the Service shall conduct, in conjunction with other appropriate Federal agencies and in consultation with concerned Indian tribes and organizations, a study of the health hazards to Indian miners and Indians on or near Indian reservations and in Indian communities as a result of nuclear resource development. Such study shall include—
(1) an evaluation of the nature and extent of nuclear resource development related health problems currently exhibited among Indians and the causes of such health problems;
(2) an analysis of the potential effect of ongoing and future nuclear resource development on or near Indian reservations and communities;
(3) an evaluation of the types and nature of activities, practices, and conditions causing or affecting such health problems, including uranium mining and milling, uranium mine tailing deposits, nuclear powerplant operation and construction, and nuclear waste disposal;
(4) a summary of any findings and recommendations provided in Federal and State studies, reports, investigations, and inspections during the five years prior to December 17, 1980, that directly or indirectly relate to the activities, practices, and conditions affecting the health or safety of such Indians; and
(5) the efforts that have been made by Federal and State agencies and mining and milling companies to effectively carry out an education program for such Indians regarding the health and safety hazards of such nuclear resource development.
(b) Health care plan; development
Upon completion of such study the Secretary and the Service shall take into account the results of such study and develop a health care plan to address the health problems studied under subsection (a). The plan shall include—
(1) methods for diagnosing and treating Indians currently exhibiting such health problems;
(2) preventive care for Indians who may be exposed to such health hazards, including the monitoring of the health of individuals who have or may have been exposed to excessive amounts of radiation, or affected by other nuclear development activities that have had or could have a serious impact upon the health of such individuals; and
(3) a program of education for Indians who, by reason of their work or geographic proximity to such nuclear development activities, may experience health problems.
(c) Reports to Congress
The Secretary and the Service shall submit to Congress the study prepared under subsection (a) no later than the date eighteen months after December 17, 1980. The health care plan prepared under subsection (b) shall be submitted in a report no later than the date one year after the date that the study prepared under subsection (a) is submitted to Congress. Such report shall include recommended activities for the implementation of the plan, as well as an evaluation of any activities previously undertaken by the Service to address such health problems.
(d) Intergovernmental Task Force; establishment and functions
(1) There is established an Intergovernmental Task Force to be composed of the following individuals (or their designees): the Secretary of Energy, the Administrator of the Environmental Protection Agency, the Director of the United States Bureau of Mines, the Assistant Secretary for Occupational Safety and Health, and the Secretary of the Interior.
(2) The Task Force shall identify existing and potential operations related to nuclear resource development that affect or may affect the health of Indians on or near an Indian reservation or in an Indian community and enter into activities to correct existing health hazards and insure that current and future health problems resulting from nuclear resource development activities are minimized or reduced.
(3) The Secretary shall be Chairman of the Task Force. The Task Force shall meet at least twice each year. Each member of the Task Force shall furnish necessary assistance to the Task Force.
(e) Medical care
In the case of any Indian who—
(1) as a result of employment in or near a uranium mine or mill, suffers from a work related illness or condition;
(2) is eligible to receive diagnosis and treatment services from a Service facility; and
(3) by reason of such Indian's employment, is entitled to medical care at the expense of such mine or mill operator;
the Service shall, at the request of such Indian, render appropriate medical care to such Indian for such illness or condition and may recover the costs of any medical care so rendered to which such Indian is entitled at the expense of such operator from such operator. Nothing in this subsection shall affect the rights of such Indian to recover damages other than such costs paid to the Service from the employer for such illness or condition.
(
Editorial Notes
Amendments
1992—Subsec. (f).
Statutory Notes and Related Subsidiaries
Change of Name
"United States Bureau of Mines" substituted for "Bureau of Mines" in subsec. (d)(1) pursuant to section 10(b) of
Nuclear Resource Development Health Hazards; Study and Report
§1678. Arizona as contract health service delivery area
(a) In general
The State of Arizona shall be designated as a contract health service delivery area by the Service for the purpose of providing contract health care services to members of Indian tribes in the State of Arizona.
(b) Maintenance of services
The Service shall not curtail any health care services provided to Indians residing on reservations in the State of Arizona if the curtailment is due to the provision of contract services in that State pursuant to the designation of the State as a contract health service delivery area by subsection (a).
(
Editorial Notes
Codification
Section 808 of
Prior Provisions
A prior section 1678,
§1678a. North Dakota and South Dakota as contract health service delivery area
(a) In general
The States of North Dakota and South Dakota shall be designated as a contract health service delivery area by the Service for the purpose of providing contract health care services to members of Indian tribes in the States of North Dakota and South Dakota.
(b) Maintenance of services
The Service shall not curtail any health care services provided to Indians residing on any reservation, or in any county that has a common boundary with any reservation, in the State of North Dakota or South Dakota if the curtailment is due to the provision of contract services in those States pursuant to the designation of the States as a contract health service delivery area by subsection (a).
(
Editorial Notes
Codification
Section 808A of
§1679. Eligibility of California Indians
(a) In general
The following California Indians shall be eligible for health services provided by the Service:
(1) Any member of a federally recognized Indian tribe.
(2) Any descendant of an Indian who was residing in California on June 1, 1852, if such descendant—
(A) is a member of the Indian community served by a local program of the Service; and
(B) is regarded as an Indian by the community in which such descendant lives.
(3) Any Indian who holds trust interests in public domain, national forest, or reservation allotments in California.
(4) Any Indian of California who is listed on the plans for distribution of the assets of rancherias and reservations located within the State of California under the Act of August 18, 1958 (
(b) Clarification
Nothing in this section may be construed as expanding the eligibility of California Indians for health services provided by the Service beyond the scope of eligibility for such health services that applied on May 1, 1986.
(
Editorial Notes
References in Text
Act of August 18, 1958, referred to in subsec. (a)(4), is
Codification
Section 809 of
Prior Provisions
A prior section 1679,
§1680. California as a contract health service delivery area
The State of California, excluding the counties of Alameda, Contra Costa, Los Angeles, Marin, Orange, Sacramento, San Francisco, San Mateo, Santa Clara, Kern, Merced, Monterey, Napa, San Benito, San Joaquin, San Luis Obispo, Santa Cruz, Solano, Stanislaus, and Ventura shall be designated as a contract health service delivery area by the Service for the purpose of providing contract health services to Indians in such State.
(
Editorial Notes
Amendments
1988—
§1680a. Contract health facilities
The Service shall provide funds for health care programs and facilities operated by tribes and tribal organizations under contracts with the Service entered into under the Indian Self-Determination Act [
(1) for the maintenance and repair of clinics owned or leased by such tribes or tribal organizations,
(2) for employee training,
(3) for cost-of-living increases for employees, and
(4) for any other expenses relating to the provision of health services,
on the same basis as such funds are provided to programs and facilities operated directly by the Service.
(
Editorial Notes
References in Text
The Indian Self-Determination Act, referred to in text, is title I of
§1680b. National Health Service Corps
(a) No reduction in services
The Secretary shall not remove a member of the National Health Service Corps from an Indian health program or urban Indian organization or withdraw funding used to support such a member, unless the Secretary, acting through the Service, has ensured that the Indians receiving services from the member will experience no reduction in services.
(b) Treatment of Indian health programs
At the request of an Indian health program, the services of a member of the National Health Service Corps assigned to the Indian health program may be limited to the individuals who are eligible for services from that Indian health program.
(
Editorial Notes
Codification
Amendment by
Amendments
2010—
§1680c. Health services for ineligible persons
(a) Children
Any individual who—
(1) has not attained 19 years of age;
(2) is the natural or adopted child, stepchild, foster child, legal ward, or orphan of an eligible Indian; and
(3) is not otherwise eligible for health services provided by the Service,
shall be eligible for all health services provided by the Service on the same basis and subject to the same rules that apply to eligible Indians until such individual attains 19 years of age. The existing and potential health needs of all such individuals shall be taken into consideration by the Service in determining the need for, or the allocation of, the health resources of the Service. If such an individual has been determined to be legally incompetent prior to attaining 19 years of age, such individual shall remain eligible for such services until 1 year after the date of a determination of competency.
(b) Spouses
Any spouse of an eligible Indian who is not an Indian, or who is of Indian descent but is not otherwise eligible for the health services provided by the Service, shall be eligible for such health services if all such spouses or spouses who are married to members of each Indian tribe being served are made eligible, as a class, by an appropriate resolution of the governing body of the Indian tribe or tribal organization providing such services. The health needs of persons made eligible under this paragraph shall not be taken into consideration by the Service in determining the need for, or allocation of, its health resources.
(c) Health facilities providing health services
(1) In general
The Secretary is authorized to provide health services under this subsection through health facilities operated directly by the Service to individuals who reside within the Service unit and who are not otherwise eligible for such health services if—
(A) the Indian tribes served by such Service unit requests such provision of health services to such individuals, and
(B) the Secretary and the served Indian tribes have jointly determined that the provision of such health services will not result in a denial or diminution of health services to eligible Indians.
(2) ISDEAA programs
In the case of health facilities operated under a contract or compact entered into under the Indian Self-Determination and Education Assistance Act (
(3) Payment for services
(A) In general
Persons receiving health services provided by the Service under this subsection shall be liable for payment of such health services under a schedule of charges prescribed by the Secretary which, in the judgment of the Secretary, results in reimbursement in an amount not less than the actual cost of providing the health services. Notwithstanding
(B) Indigent people
Health services may be provided by the Secretary through the Service under this subsection to an indigent individual who would not be otherwise eligible for such health services but for the provisions of paragraph (1) only if an agreement has been entered into with a State or local government under which the State or local government agrees to reimburse the Service for the expenses incurred by the Service in providing such health services to such indigent individual.
(4) Revocation of consent for services
(A) Single tribe service area
In the case of a Service Area which serves only 1 Indian tribe, the authority of the Secretary to provide health services under paragraph (1) shall terminate at the end of the fiscal year succeeding the fiscal year in which the governing body of the Indian tribe revokes its concurrence to the provision of such health services.
(B) Multitribal service area
In the case of a multitribal Service Area, the authority of the Secretary to provide health services under paragraph (1) shall terminate at the end of the fiscal year succeeding the fiscal year in which at least 51 percent of the number of Indian tribes in the Service Area revoke their concurrence to the provisions of such health services.
(d) Other services
The Service may provide health services under this subsection to individuals who are not eligible for health services provided by the Service under any other provision of law in order to—
(1) achieve stability in a medical emergency;
(2) prevent the spread of a communicable disease or otherwise deal with a public health hazard;
(3) provide care to non-Indian women pregnant with an eligible Indian's child for the duration of the pregnancy through postpartum; or
(4) provide care to immediate family members of an eligible individual if such care is directly related to the treatment of the eligible individual.
(e) Hospital privileges for practitioners
(1) In general
Hospital privileges in health facilities operated and maintained by the Service or operated under a contract or compact pursuant to the Indian Self-Determination and Education Assistance Act (
(2) Definition
For purposes of this subsection, the term "non-Service health care practitioner" means a practitioner who is not—
(A) an employee of the Service; or
(B) an employee of an Indian tribe or tribal organization operating a contract or compact under the Indian Self-Determination and Education Assistance Act (
(f) Eligible Indian
For purposes of this section, the term "eligible Indian" means any Indian who is eligible for health services provided by the Service without regard to the provisions of this section.
(
Editorial Notes
References in Text
The Indian Self-Determination and Education Assistance Act (
Section 314 of
The Social Security Act, referred to in subsec. (c)(3)(A), is act Aug. 14, 1935, ch. 531,
Codification
Amendment by
Amendments
2010—
1992—Subsec. (b)(2)(A).
1 See References in Text note below.
§1680d. Infant and maternal mortality; fetal alcohol syndrome
By no later than January 1, 1990, the Secretary shall develop and begin implementation of a plan to achieve the following objectives by January 1, 1994:
(1) reduction of the rate of Indian infant mortality in each area office of the Service to the lower of—
(A) twelve deaths per one thousand live births, or
(B) the rate of infant mortality applicable to the United States population as a whole;
(2) reduction of the rate of maternal mortality in each area office of the Service to the lower of—
(A) five deaths per one hundred thousand live births, or
(B) the rate of maternal mortality applicable to the United States population as a whole; and
(3) reduction of the rate of fetal alcohol syndrome among Indians served by, or on behalf of, the Service to one per one thousand live births.
(
Editorial Notes
Amendments
1992—
§1680e. Contract health services for the Trenton Service Area
(a) Service to Turtle Mountain Band
The Secretary, acting through the Service, is directed to provide contract health services to members of the Turtle Mountain Band of Chippewa Indians that reside in the Trenton Service Area of Divide, McKenzie, and Williams counties in the State of North Dakota and the adjoining counties of Richland, Roosevelt, and Sheridan in the State of Montana.
(b) Band member eligibility not expanded
Nothing in this section may be construed as expanding the eligibility of members of the Turtle Mountain Band of Chippewa Indians for health services provided by the Service beyond the scope of eligibility for such health services that applied on May 1, 1986.
(
§1680f. Indian Health Service and Department of Veterans Affairs health facilities and services sharing
(a) Feasibility study and report
The Secretary shall examine the feasibility of entering into an arrangement for the sharing of medical facilities and services between the Indian Health Service and the Department of Veterans Affairs and shall, in accordance with subsection (b), prepare a report on the feasibility of such an arrangement and submit such report to the Congress by no later than September 30, 1990.
(b) Nonimpairment of service quality, eligibility, or priority of access
The Secretary shall not take any action under this section or under subchapter IV of
(1) the priority access of any Indian to health care services provided through the Indian Health Service;
(2) the quality of health care services provided to any Indian through the Indian Health Service;
(3) the priority access of any veteran to health care services provided by the Department of Veterans Affairs;
(4) the quality of health care services provided to any veteran by the Department of Veterans Affairs;
(5) the eligibility of any Indian to receive health services through the Indian Health Service; or
(6) the eligibility of any Indian who is a veteran to receive health services through the Department of Veterans Affairs.
(c) Cross utilization of services
(1) Not later than December 23, 1988, the Director of the Indian Health Service and the Secretary of Veterans Affairs shall implement an agreement under which—
(A) individuals in the vicinity of Roosevelt, Utah, who are eligible for health care from the Department of Veterans Affairs could obtain health care services at the facilities of the Indian Health Service located at Fort Duchesne, Utah; and
(B) individuals eligible for health care from the Indian Health Service at Fort Duchesne, Utah, could obtain health care services at the George E. Wahlen Department of Veterans Affairs Medical Center located in Salt Lake City, Utah.
(2) Not later than November 23, 1990, the Secretary and the Secretary of Veterans Affairs shall jointly submit a report to the Congress on the health care services provided as a result of paragraph (1).
(d) Right to health services
Nothing in this section may be construed as creating any right of a veteran to obtain health services from the Indian Health Service except as provided in an agreement under subsection (c).
(
Editorial Notes
Amendments
2003—Subsec. (c)(1)(B).
1992—
1991—Subsecs. (a), (b)(3), (4), (6).
Subsec. (c)(1).
Subsec. (c)(1)(A), (B).
Subsec. (c)(2).
Statutory Notes and Related Subsidiaries
Designation of George E. Wahlen Department of Veterans Affairs Medical Center
§1680g. Reallocation of base resources
(a) Report to Congress
Notwithstanding any other provision of law, any allocation of Service funds for a fiscal year that reduces by 5 percent or more from the previous fiscal year the funding for any recurring program, project, or activity of a service unit may be implemented only after the Secretary has submitted to the President, for inclusion in the report required to be transmitted to the Congress under
(b) Appropriated amounts
Subsection (a) shall not apply if the total amount appropriated to the Service for a fiscal year is less than the amount appropriated to the Service for previous fiscal year.
(
Editorial Notes
Amendments
1992—Subsec. (a).
§1680h. Demonstration projects for tribal management of health care services
(a) Establishment; grants
(1) The Secretary, acting through the Service, shall make grants to Indian tribes to establish demonstration projects under which the Indian tribe will develop and test a phased approach to assumption by the Indian tribe of the health care delivery system of the Service for members of the Indian tribe living on or near the reservations of the Indian tribe through the use of Service, tribal, and private sector resources.
(2) A grant may be awarded to an Indian tribe under paragraph (1) only if the Secretary determines that the Indian tribe has the administrative and financial capabilities necessary to conduct a demonstration project described in paragraph (1).
(b) Health care contracts
During the period in which a demonstration project established under subsection (a) is being conducted by an Indian tribe, the Secretary shall award all health care contracts, including community, behavioral, and preventive health care contracts, to the Indian tribe in the form of a single grant to which the regulations prescribed under part A of title XIX of the Public Health Service Act [
(c) Waiver of procurement laws
The Secretary may waive such provisions of Federal procurement law as are necessary to enable any Indian tribe to develop and test administrative systems under the demonstration project established under subsection (a), but only if such waiver does not diminish or endanger the delivery of health care services to Indians.
(d) Termination; evaluation and report
(1) The demonstration project established under subsection (a) shall terminate on September 30, 1993, or, in the case of a demonstration project for which a grant is made after September 30, 1990, three years after the date on which such grant is made.
(2) By no later than September 30, 1996, the Secretary shall evaluate the performance of each Indian tribe that has participated in a demonstration project established under subsection (a) and shall submit to the Congress a report on such evaluations and demonstration projects.
(e) Joint venture demonstration projects
(1) The Secretary, acting through the Service, shall make arrangements with Indian tribes to establish joint venture demonstration projects under which an Indian tribe shall expend tribal, private, or other available nontribal funds, for the acquisition or construction of a health facility for a minimum of 20 years, under a no-cost lease, in exchange for agreement by the Service to provide the equipment, supplies, and staffing for the operation and maintenance of such a health facility. A tribe may utilize tribal funds, private sector, or other available resources, including loan guarantees, to fulfill its commitment under this subsection.
(2) The Secretary shall make such an arrangement with an Indian tribe only if the Secretary first determines that the Indian tribe has the administrative and financial capabilities necessary to complete the timely acquisition or construction of the health facility described in paragraph (1).
(3) An Indian tribe or tribal organization that has entered into a written agreement with the Secretary under this subsection, and that breaches or terminates without cause such agreement, shall be liable to the United States for the amount that has been paid to the tribe, or paid to a third party on the tribe's behalf, under the agreement. The Secretary has the right to recover tangible property (including supplies), and equipment, less depreciation, and any funds expended for operations and maintenance under this section. The preceding sentence does not apply to any funds expended for the delivery of health care services, or for personnel or staffing, shall be recoverable.1
(
Editorial Notes
References in Text
The Public Health Service Act, referred to in subsec. (b), is act July 1, 1944, ch. 373,
Amendments
1992—Subsec. (d)(1).
Subsec. (d)(2).
Subsec. (e).
1 So in original. The words ", shall be recoverable" probably should not appear.
§1680i. Child sexual abuse treatment programs
(a) Continuation of existing demonstration programs
The Secretary and the Secretary of the Interior shall, for each fiscal year through fiscal year 1995, continue the demonstration programs involving treatment for child sexual abuse provided through the Hopi Tribe and the Assiniboine and Sioux Tribes of the Fort Peck Reservation.
(b) Establishment of new demonstration programs
Beginning October 1, 1995, the Secretary and the Secretary of the Interior may establish, in any service area, demonstration programs involving treatment for child sexual abuse, except that the Secretaries may not establish a greater number of such programs in one service area than in any other service area until there is an equal number of such programs established with respect to all service areas from which the Secretary receives qualified applications during the application period (as determined by the Secretary).
(
Editorial Notes
Amendments
1992—
"(a) The Secretary and the Secretary of the Interior shall, for each of the fiscal years 1989, 1990, and 1991, continue to provide through the Hopi Tribe and the Asiniboine and Sioux Tribes of the Fort Peck Reservation the demonstration programs involving treatment for child sexual abuse that were conducted during fiscal year 1988 through such tribes.
"(b) There are authorized to be appropriated for each of the fiscal years 1989, 1990, and 1991 such sums as may be necessary to carry out the provisions of this section."
§1680j. Tribal leasing
Indian tribes providing health care services pursuant to a contract entered into under the Indian Self-Determination Act [
(
Editorial Notes
References in Text
The Indian Self-Determination Act, referred to in text, is title I of
Amendments
1992—
"(a) The Secretary, through the Service, shall make grants to the Eight Northern Indian Pueblos Council, San Juan Pueblo, New Mexico, for the purpose of providing substance abuse treatment services to Indians in need of such services.
"(b) There are authorized to be appropriated to carry out this section $250,000 for each of the fiscal years 1990 and 1991."
§1680k. Repealed. Pub. L. 111–148, title X, §10221(a), Mar. 23, 2010, 124 Stat. 935
Section,
The repeal is based on section 124(a)(2) 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
§1680l. Shared services for long-term care
(a) Long-term care
(1) In general
Notwithstanding any other provision of law, the Secretary, acting through the Service, is authorized to provide directly, or enter into contracts or compacts under the Indian Self-Determination and Education Assistance Act (
(2) Inclusions
Each agreement under paragraph (1) shall provide for the sharing of staff or other services between the Service or a tribal health program and a long-term care or related facility owned and operated (directly or through a contract or compact under the Indian Self-Determination and Education Assistance Act (
(b) Contents of agreements
An agreement entered into pursuant to subsection (a)—
(1) may, at the request of the Indian tribe or tribal organization, delegate to the Indian tribe or tribal organization such powers of supervision and control over Service employees as the Secretary determines to be necessary to carry out the purposes of this section;
(2) shall provide that expenses (including salaries) relating to services that are shared between the Service and the tribal health program be allocated proportionately between the Service and the Indian tribe or tribal organization; and
(3) may authorize the Indian tribe or tribal organization to construct, renovate, or expand a long-term care or other similar facility (including the construction of a facility attached to a Service facility).
(c) Minimum requirement
Any nursing facility provided for under this section shall meet the requirements for nursing facilities under
(d) Other assistance
The Secretary shall provide such technical and other assistance as may be necessary to enable applicants to comply with this section.
(e) Use of existing or underused facilities
The Secretary shall encourage the use of existing facilities that are underused, or allow the use of swing beds, for long-term or similar care.
(
Editorial Notes
References in Text
The Indian Self-Determination and Education Assistance Act (
Codification
Amendment by
Amendments
2010—
1 See References in Text note below.
§1680m. Results of demonstration projects
The Secretary shall provide for the dissemination to Indian tribes of the findings and results of demonstration projects conducted under this chapter.
(
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
§1680n. Priority for Indian reservations
(a) Facilities and projects
Beginning on October 29, 1992, the Bureau of Indian Affairs and the Service shall, in all matters involving the reorganization or development of Service facilities, or in the establishment of related employment projects to address unemployment conditions in economically depressed areas, give priority to locating such facilities and projects on Indian lands if requested by the Indian tribe with jurisdiction over such lands.
(b) "Indian lands" defined
For purposes of this section, the term "Indian lands" means—
(1) all lands within the limits of any Indian reservation; and
(2) any lands title which is held in trust by the United States for the benefit of any Indian tribe or individual Indian, or held by any Indian tribe or individual Indian subject to restriction by the United States against alienation and over which an Indian tribe exercises governmental power.
(
§1680o. Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this chapter for fiscal year 2010 and each fiscal year thereafter, to remain available until expended.
(
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
Codification
Amendment by
Amendments
2010—
§1680p. Annual budget submission
Effective beginning with the submission of the annual budget request to Congress for fiscal year 2011, the President shall include, in the amount requested and the budget justification, amounts that reflect any changes in—
(1) the cost of health care services, as indexed for United States dollar inflation (as measured by the Consumer Price Index); and
(2) the size of the population served by the Service.
(
Editorial Notes
Codification
Section 826 of
§1680q. Prescription drug monitoring
(a) Monitoring
(1) Establishment
The Secretary, in coordination with the Secretary of the Interior and the Attorney General, shall establish a prescription drug monitoring program, to be carried out at health care facilities of the Service, tribal health care facilities, and urban Indian health care facilities.
(2) Report
Not later than 18 months after March 23, 2010, the Secretary shall submit to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes—
(A) the needs of the Service, tribal health care facilities, and urban Indian health care facilities with respect to the prescription drug monitoring program under paragraph (1);
(B) the planned development of that program, including any relevant statutory or administrative limitations; and
(C) the means by which the program could be carried out in coordination with any State prescription drug monitoring program.
(b) Abuse
(1) In general
The Attorney General, in conjunction with the Secretary and the Secretary of the Interior, shall conduct—
(A) an assessment of the capacity of, and support required by, relevant Federal and tribal agencies—
(i) to carry out data collection and analysis regarding incidents of prescription drug abuse in Indian communities; and
(ii) to exchange among those agencies and Indian health programs information relating to prescription drug abuse in Indian communities, including statutory and administrative requirements and limitations relating to that abuse; and
(B) training for Indian health care providers, tribal leaders, law enforcement officers, and school officials regarding awareness and prevention of prescription drug abuse and strategies for improving agency responses to addressing prescription drug abuse in Indian communities.
(2) Report
Not later than 18 months after March 23, 2010, the Attorney General shall submit to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes—
(A) the capacity of Federal and tribal agencies to carry out data collection and analysis and information exchanges as described in paragraph (1)(A);
(B) the training conducted pursuant to paragraph (1)(B);
(C) infrastructure enhancements required to carry out the activities described in paragraph (1), if any; and
(D) any statutory or administrative barriers to carrying out those activities.
(
Editorial Notes
Codification
Section 827 of
§1680r. Tribal health program option for cost sharing
(a) In general
Nothing in this chapter limits the ability of a tribal health program operating any health program, service, function, activity, or facility funded, in whole or part, by the Service through, or provided for in, a compact with the Service pursuant to title V of the Indian Self-Determination and Education Assistance Act (
(b) Service
Nothing in this chapter authorizes the Service—
(1) to charge an Indian for services; or
(2) to require any tribal health program to charge an Indian for services.
(
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
The Indian Self-Determination and Education Assistance Act, referred to in subsec. (a), is
Codification
Section 828 of
1 See References in Text note below.
§1680s. Disease and injury prevention report
Not later than 18 months after March 23, 2010, the Secretary shall submit to the Committee on Indian Affairs of the Senate and the Committees on Natural Resources and Energy and Commerce of the House of Representatives 1 describing—
(1) all disease and injury prevention activities conducted by the Service, independently or in conjunction with other Federal departments and agencies and Indian tribes; and
(2) the effectiveness of those activities, including the reductions of injury or disease conditions achieved by the activities.
(
Editorial Notes
Codification
Section 829 of
1 So in original. Probably should be followed by "a report".
§1680t. Other GAO reports
(a) Coordination of services
(1) Study and evaluation
The Comptroller General of the United States shall conduct a study, and evaluate the effectiveness, of coordination of health care services provided to Indians—
(A) through Medicare, Medicaid, or SCHIP;
(B) by the Service; or
(C) using funds provided by—
(i) State or local governments; or
(ii) Indian tribes.
(2) Report
Not later than 18 months after March 23, 2010, the Comptroller General shall submit to Congress a report—
(A) describing the results of the evaluation under paragraph (1); and
(B) containing recommendations of the Comptroller General regarding measures to support and increase coordination of the provision of health care services to Indians as described in paragraph (1).
(b) Payments for contract health services
(1) In general
The Comptroller General shall conduct a study on the use of health care furnished by health care providers under the contract health services program funded by the Service and operated by the Service, an Indian tribe, or a tribal organization.
(2) Analysis
The study conducted under paragraph (1) shall include an analysis of—
(A) the amounts reimbursed under the contract health services program described in paragraph (1) for health care furnished by entities, individual providers, and suppliers, including a comparison of reimbursement for that health care through other public programs and in the private sector;
(B) barriers to accessing care under such contract health services program, including barriers relating to travel distances, cultural differences, and public and private sector reluctance to furnish care to patients under the program;
(C) the adequacy of existing Federal funding for health care under the contract health services program;
(D) the administration of the contract health service program, including the distribution of funds to Indian health programs pursuant to the program; and
(E) any other items determined appropriate by the Comptroller General.
(3) Report
Not later than 18 months after March 23, 2010, the Comptroller General shall submit to Congress a report on the study conducted under paragraph (1), together with recommendations regarding—
(A) the appropriate level of Federal funding that should be established for health care under the contract health services program described in paragraph (1);
(B) how to most efficiently use that funding; and
(C) the identification of any inequities in the current distribution formula or inequitable results for any Indian tribe under the funding level, and any recommendations for addressing any inequities or inequitable results identified.
(4) Consultation
In conducting the study under paragraph (1) and preparing the report under paragraph (3), the Comptroller General shall consult with the Service, Indian tribes, and tribal organizations.
(
Editorial Notes
Codification
Section 830 of
§1680u. Traditional health care practices
Although the Secretary may promote traditional health care practices, consistent with the Service standards for the provision of health care, health promotion, and disease prevention under this chapter, the United States is not liable for any provision of traditional health care practices pursuant to this chapter that results in damage, injury, or death to a patient. Nothing in this subsection shall be construed to alter any liability or other obligation that the United States may otherwise have under the Indian Self-Determination and Education Assistance Act (
(
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
The Indian Self-Determination and Education Assistance Act (
Codification
Section 831 of
1 See References in Text note below.
§1680v. Director of HIV/AIDS Prevention and Treatment
(a) Establishment
The Secretary, acting through the Service, shall establish within the Service the position of the Director of HIV/AIDS Prevention and Treatment (referred to in this section as the "Director").
(b) Duties
The Director shall—
(1) coordinate and promote HIV/AIDS prevention and treatment activities specific to Indians;
(2) provide technical assistance to Indian tribes, tribal organizations, and urban Indian organizations regarding existing HIV/AIDS prevention and treatment programs; and
(3) ensure interagency coordination to facilitate the inclusion of Indians in Federal HIV/AIDS research and grant opportunities, with emphasis on the programs operated under the Ryan White Comprehensive Aids 1 Resources Emergency Act of 1990 (
(c) Report
Not later than 2 years after March 23, 2010, and not less frequently than once every 2 years thereafter, the Director shall submit to Congress a report describing, with respect to the preceding 2-year period—
(1) each activity carried out under this section; and
(2) any findings of the Director with respect to HIV/AIDS prevention and treatment activities specific to Indians.
(
Editorial Notes
References in Text
The Ryan White Comprehensive AIDS Resources Emergency Act of 1990, referred to in subsec. (b)(3), is
Codification
Section 832 of
1 So in original. Probably should be "AIDS".
§1681. Omitted
Editorial Notes
Codification
Section,
§1682. Subrogation of claims by Indian Health Service
On and after October 18, 1986, the Indian Health Service may seek subrogation of claims including but not limited to auto accident claims, including no-fault claims, personal injury, disease, or disability claims, and worker's compensation claims, the proceeds of which shall be credited to the funds established by sections 401 and 402 1 of the Indian Health Care Improvement Act.
(
Editorial Notes
References in Text
Sections 401 and 402 of the Indian Health Care Improvement Act, referred to in text, probably means former sections 401 and 402 of
Codification
Section was enacted as part of the Department of the Interior and Related Agencies Appropriations Act, 1987, as enacted by
Prior Provisions
A prior section 1682,
1 See References in Text note below.
§1683. Indian Catastrophic Health Emergency Fund
$10,000,000 shall remain available until expended, for the establishment of an Indian Catastrophic Health Emergency Fund (hereinafter referred to as the "Fund"). On and after October 18, 1986, the Fund is to cover the Indian Health Service portion of the medical expenses of catastrophic illness falling within the responsibility of the Service and shall be administered by the Secretary of Health and Human Services, acting through the central office of the Indian Health Service. No part of the Fund or its administration shall be subject to contract or grant under the Indian Self-Determination and Education Assistance Act (
(
Editorial Notes
References in Text
The Indian Self-Determination and Education Assistance Act (
The Federal Medical Care Recovery Act (
Codification
Section was enacted as part of the Department of the Interior and Related Agencies Appropriations Act, 1987, as enacted by
§1684. Emergency plan for Indian safety and health
(a) Establishment of Fund
There is established in the Treasury of the United States a fund, to be known as the "Emergency Fund for Indian Safety and Health" (referred to in this section as the "Fund"), consisting of such amounts as are appropriated to the Fund under subsection (b).
(b) Transfers to Fund
(1) In general
There is authorized to be appropriated to the Fund, out of funds of the Treasury not otherwise appropriated, $1,602,619,000 for the 5-year period beginning on October 1, 2008.
(2) Availability of amounts
Amounts deposited in the Fund under this section shall—
(A) be made available without further appropriation;
(B) be in addition to amounts made available under any other provision of law; and
(C) remain available until expended.
(c) Expenditures from Fund
On request by the Attorney General, the Secretary of the Interior, or the Secretary of Health and Human Services, the Secretary of the Treasury shall transfer from the Fund to the Attorney General, the Secretary of the Interior, or the Secretary of Health and Human Services, as appropriate, such amounts as the Attorney General, the Secretary of the Interior, or the Secretary of Health and Human Services determines to be necessary to carry out the emergency plan under subsection (f).
(d) Transfers of amounts
(1) In general
The amounts required to be transferred to the Fund under this section shall be transferred at least monthly from the general fund of the Treasury to the Fund on the basis of estimates made by the Secretary of the Treasury.
(2) Adjustments
Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred.
(e) Remaining amounts
Any amounts remaining in the Fund on September 30 of an applicable fiscal year may be used by the Attorney General, the Secretary of the Interior, or the Secretary of Health and Human Services to carry out the emergency plan under subsection (f) for any subsequent fiscal year.
(f) Emergency plan
Not later than 1 year after July 30, 2008, the Attorney General, the Secretary of the Interior, and the Secretary of Health and Human Services, in consultation with Indian tribes (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (
(1) the Attorney General shall use—
(A) 18.5 percent for the construction, rehabilitation, and replacement of Federal Indian detention facilities;
(B) 1.5 percent to investigate and prosecute crimes in Indian country (as defined in
(C) 1.5 percent for use by the Office of Justice Programs for Indian and Alaska Native programs; and
(D) 0.5 percent to provide assistance to—
(i) parties to cross-deputization or other cooperative agreements between State or local governments and Indian tribes (as defined in
(ii) the State of Alaska (including political subdivisions of that State) for carrying out the Village Public Safety Officer Program and law enforcement activities on Alaska Native land (as defined in
(2) the Secretary of the Interior shall—
(A) deposit 15.5 percent in the public safety and justice account of the Bureau of Indian Affairs for use by the Office of Justice Services of the Bureau in providing law enforcement or detention services, directly or through contracts or compacts with Indian tribes under the Indian Self-Determination and Education Assistance Act (
(B) use not more than $602,619,000 to implement requirements of Indian water settlement agreements that are approved by Congress (or the legislation to implement such an agreement) under which the United States shall plan, design, rehabilitate, or construct, or provide financial assistance for the planning, design, rehabilitation, or construction of, water supply or delivery infrastructure that will serve an Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (
(3) the Secretary of Health and Human Services, acting through the Director of the Indian Health Service, shall use 12.5 percent to provide, directly or through contracts or compacts with Indian tribes under the Indian Self-Determination and Education Assistance Act (
(A) contract health services;
(B) construction, rehabilitation, and replacement of Indian health facilities; and
(C) domestic and community sanitation facilities serving members of Indian tribes (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (
(
Editorial Notes
References in Text
The Indian Self-Determination and Education Assistance Act, referred to in subsec. (f), is
Codification
Section was enacted as part of the Tom Lantos and Henry J. Hyde United States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria Reauthorization Act of 2008, and not as part of the Indian Health Care Improvement Act which comprises this chapter.
Section was formerly classified to
Amendments
2010—Subsec. (b)(1).
Subsec. (f)(2)(B).
1 See References in Text note below.
§1685. Service of traditional foods in public facilities
(a) Purposes
The purposes of this section are—
(1) to provide access to traditional foods in food service programs;
(2) to encourage increased consumption of traditional foods to decrease health disparities among Indians, particularly Alaska Natives; and
(3) to provide alternative food options for food service programs.
(b) Definitions
In this section:
(1) Alaska Native
The term "Alaska Native" means a person who is a member of any Native village, Village Corporation, or Regional Corporation (as those terms are defined in
(2) Commissioner
The term "Commissioner" means the Commissioner of Food and Drugs.
(3) Food service program
The term "food service program" includes—
(A) food service at residential child care facilities that have a license from an appropriate State agency;
(B) any child nutrition program (as that term is defined in
(C) food service at hospitals, clinics, and long-term care facilities; and
(D) senior meal programs.
(4) Indian; Indian tribe
The terms "Indian" and "Indian tribe" have the meanings given those terms in section 4 of the Indian Self-Determination and Education Assistance Act (
(5) Traditional food
(A) In general
The term "traditional food" means food that has traditionally been prepared and consumed by an Indian tribe.
(B) Inclusions
The term "traditional food" includes—
(i) wild game meat;
(ii) fish;
(iii) seafood;
(iv) marine mammals;
(v) plants; and
(vi) berries.
(6) Tribal organization
The term "tribal organization" has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (
(c) Program
The Secretary and the Commissioner shall allow the donation to and serving of traditional food through food service programs at public facilities and nonprofit facilities, including facilities operated by Indian tribes and facilities operated by tribal organizations, that primarily serve Indians if the operator of the food service program—
(1) ensures that the food is received whole, gutted, gilled, as quarters, or as a roast, without further processing;
(2) makes a reasonable determination that—
(A) the animal was not diseased;
(B) the food was butchered, dressed, transported, and stored to prevent contamination, undesirable microbial growth, or deterioration; and
(C) the food will not cause a significant health hazard or potential for human illness;
(3) carries out any further preparation or processing of the food at a different time or in a different space from the preparation or processing of other food for the applicable program to prevent cross-contamination;
(4) cleans and sanitizes food-contact surfaces of equipment and utensils after processing the traditional food;
(5) labels donated traditional food with the name of the food;
(6) stores the traditional food separately from other food for the applicable program, including through storage in a separate freezer or refrigerator or in a separate compartment or shelf in the freezer or refrigerator;
(7) follows Federal, State, local, county, tribal, or other non-Federal law regarding the safe preparation and service of food in public or nonprofit facilities; and
(8) follows other such criteria as established by the Secretary and Commissioner.
(d) Liability
(1) In general
The United States, an Indian tribe, a tribal organization, a State, a county or county equivalent, a local educational agency, and an entity or person authorized to facilitate the donation, storage, preparation, or serving of traditional food by the operator of a food service program shall not be liable in any civil action for any damage, injury, or death caused to any person by the donation to or storage, preparation, or serving of traditional foods through food service programs.
(2) Rule of construction
Nothing in paragraph (1) alters any liability or other obligation of the United States under the Indian Self-Determination and Education Assistance Act (
(
Editorial Notes
References in Text
The Indian Self-Determination and Education Assistance Act, referred to in subsecs. (b)(4), (6) and (d)(2), is
Codification
Section was enacted as part of the Agricultural Act of 2014, and not as part of the Indian Health Care Improvement Act which comprises this chapter.
Section was formerly classified to
Amendments
2018—Subsec. (d)(1).