§ 1642. Purchasing health care coverage

Footnotes

1. 1 See References in Text note below.
2. 2 So in original. Probably should be “or”.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1976

   Indian Health Care Improvement Act

   Pub. L. 94–437 title IV § 402 · 90 Stat. 1400

   Enacted · 25 U.S.C. § 1642

   Pub. L. 94–437, title IV, § 402, Sept. 30, 1976, 90 Stat. 1409

   Source evidence

   Code source credit
   Pub. L. 94–437, title IV, § 402, Sept. 30, 1976, 90 Stat. 1409

   Enacted provision · exact public law section
   Sec. 402. services provided to medicaid eligible indians (a) Title XIX of the Social Security Act is amended by adding at the end thereof the following new section: “Sec. 1011. “indian health service facilities (a) A facility of the Indian Health Service (including Eligibility for reimbursement. 42 USC 1396j. a hospital, intermediate care facility, or skilled nursing facility), whether operated by such Service or by an Indian tribe or tribal organization (as those terms are defined in section 4 of the Indian Health Care Improvement Act), shall be eligible for reimbursement for Ante, p. 1401. medical assistance provided under a State plan if and for so long as it meets all of the conditions and requirements which are applicable generally to such facilities under this title. “(b) Notwithstanding subsection (a), a facility of the Indian Facilities, submittal of plan for compliance. 42 USC 1396j note. Health Service (including a hospital, intermediate care facility, or skilled nursing facility) which does not meet all of the conditions and requirements of this title which are applicable generally to such facility, but which submits to the Secretary within six months after the date of the enactment of this section an acceptable plan for achieving compliance with such conditions and requirements, shall be deemed to meet such conditions and requirements (and to be eligible for reimbursement under this title), without regard to the extent of its actual compliance, with such conditions and requirements, during the first twelve, months after the month in which such plan is submitted.”. (b) The Secretary is authorized to enter into agreements with the 42 USC 1396j note. appropriate State agency for the purpose of reimbursing such agency for health care and services provided in Service facilities to Indians who are eligible for medical assistance under title XIX of the Social Security Act, as amended. 42 USC 1396. (c) Notwithstanding any other provision of law, payments to which any facility of the Indian Health Service (including a hospital, intermediate care facility, or skilled nursing facility) is entitled under a State plan approved under title XIX of the Social Security Act by reason of section 1911 of such Act shall be placed in a special fund to Supra. be held by the Secretary and used by him (to such extent or in such amounts as arc provided in appropriation Acts) exclusively for the purpose of making any improvements in the facilities of such Service which may be necessary to achieve compliance with the applicable conditions and requirements of such title. The preceding sentence shall cease to apply when the Secretary determines and certifies that substantially all of the health facilities of such Service in the United States are in compliance with such conditions and requirements. (d) Any payments received for services provided recipients hereunder shall not be considered in determining appropriations for the provision of health care and services to Indians. (e) Section 1905(b) of the Social Security Act is amended by inserting at the end thereof the following: “Notwithstanding the first sentence of this section, the Federal medical assistance percentage shall be 100 per centum with respect to amounts expended as medical assistance for services which are received through an Indian Health Service facility whether operated by the Indian Health Service or by an Indian tribe or tribal organization (as defined in section 4 of the Indian Ante, p. 1401. Health Care Improvement Act).”.

2. 1988

   Indian Health Care Amendments of 1988

   Pub. L. 100–713 § 401(b) · 102 Stat. 4784

   Struck · 25 U.S.C. § 1642(b)

   Pub. L. 100–713, § 401(b), struck out subsec. (b) which authorized Secretary of Health and Human Services to enter into agreements to reimburse State agencies for health care and services provided in Indian Health Service facilities to Indians eligible for medical assistance under title XIX of the Social Security Act

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 100–713, § 401(b), struck out subsec. (b) which authorized Secretary of Health and Human Services to enter into agreements to reimburse State agencies for health care and services provided in Indian Health Service facilities to Indians eligible for medical assistance under title XIX of the Social Security Act.

   Enacted provision · exact public law section
   (b) 42 USC 1396j note. Subsection (b) of section 402 (42 U.S.C. 1396j, note) is repealed.

3. 1988

   Indian Health Care Amendments of 1988

   Pub. L. 100–713 § 401(a) · 102 Stat. 4784

   1. Substituted · 25 U.S.C. § 1642(c)

      Pub. L. 100–713, § 401(a), substituted “skilled nursing facility, or any other type of facility which provides services of a type otherwise covered under a State plan for medical assistance approved under title XIX of the Social Security Act” for “or skilled nursing facility”

   2. Substituted · 25 U.S.C. § 1642(c)

      Pub. L. 100–713, § 401(a), substituted “such a State plan” for “a State plan approved under title XIX of the Social Security Act”

   3. Substituted · 25 U.S.C. § 1642(c)

      Pub. L. 100–713, § 401(a), substituted “In making payments from such fund, the Secretary shall ensure that each service unit of the Indian Health Service receives at least 50 percent of the amounts to which the facilities of the Indian Health Service, for which such service unit makes collections, are entitled by reason of section 1911 of the Social Security Act, if such amount is necessary for the purpose of making improvements in such facilities in order to achieve compliance with the conditions and requirements of title XIX of the Social Security Act. This subsection shall” for “The preceding sentence shall”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 100–713, § 401(a), substituted “skilled nursing facility, or any other type of facility which provides services of a type otherwise covered under a State plan for medical assistance approved under title XIX of the Social Security Act” for “or skilled nursing facility”, “such a State plan” for “a State plan approved under title XIX of the Social Security Act”, and “In making payments from such fund, the Secretary shall ensure that each service unit of the Indian Health Service receives at least 50 percent of the amounts to which the facilities of the Indian Health Service, for which such service unit makes collections, are entitled by reason of section 1911 of the Social Security Act, if such amount is necessary for the purpose of making improvements in such facilities in order to achieve compliance with the conditions and requirements of title XIX of the Social Security Act. This subsection shall” for “The preceding sentence shall”.

   Enacted provision · exact public law section
   (a) Subsection (c) of section 402 (42 U.S.C. 1396j, note) is amended— (1) by striking out “or skilled nursing facility” and inserting in lieu thereof “skilled nursing facility, or any other type of facility which provides services of a type otherwise covered under a State plan for medical assistance approved under title XIX of the Social Security Act”, (2) by striking out “a State plan approved under title XIX of the Social Security Act” and inserting in lieu thereof “such a State plan”, and (3) by striking out “The preceding sentence shall” and inserting in lieu thereof “In making payments from such fund, the Secretary shall ensure that each service unit of the Indian Health Service receives at least 50 percent of the amounts to which the facilities of the Indian Health Service, for which such service unit makes collections, are entitled by reason of section 1911 of the Social Security Act, if such amount is necessary for the purpose of making improvements in such facilities in order to achieve compliance with the conditions and requirements of title XIX of the Social Security Act. This subsection shall”.

4. 1992

   Indian Health Amendments of 1992

   Pub. L. 102–573 title IV § 401(b)(1) · 106 Stat. 4526

   1. Amended · 25 U.S.C. § 1642

      Pub. L. 102–573 amended section generally

   2. Substituted · 25 U.S.C. § 1642

      Pub. L. 102–573 substituting subsecs. (a) and (b) for former subsecs. (a) to (e). See Codification note above

   Source evidence

   Code amendment note
   Pub. L. 102–573 amended section generally, substituting subsecs. (a) and (b) for former subsecs. (a) to (e). See Codification note above.

   Enacted provision · exact public law section
   (1) Section 402 of the Act is amended to read as follows: “Sec. 402. (a) Notwithstanding any other provision of law, 25 USC 1642. payments to which any facility of the Service (including a hospital, nursing facility, intermediate care facility for the mentally retarded, or any other type of facility which provides services for which payment is available under title XIX of the Social Security Act) is entitled under a State plan by reason of section 1911 of such Act shall be placed in a special fund to be held by the Secretary and used by him (to such extent or in such amounts as are provided in appropriation Acts) exclusively for the purpose of making any improvements in the facilities of such Service which may be necessary to achieve compliance with the applicable conditions and requirements of such title. In making payments from such fund, the Secretary shall ensure that each service unit of the Service receives at least 80 percent of the amounts to which the facilities of the Service, for which such service unit makes collections, are entitled by reason of section 1911 of the Social Security Act. “(b) Any payments received by such facility for services provided to Indians eligible for benefits under title XIX of the Social Security Act shall not be considered in determining appropriations for the provision of health care and services to Indians.”.

   Effective date note
   Pub. L. 102–573, title IV, § 401(b)(2), Oct. 29, 1992, 106 Stat. 4565, provided that: “The increase (from 50 percent) in the percentage of the payments from the fund to be made to each service unit of the Service specified in the amendment made by paragraph (1) [amending this section] shall take effect beginning with payments made on January 1, 1993.”

5. 2010

   Patient Protection and Affordable Care Act

   Pub. L. 111–148 title X § 10221(a) · 124 Stat. 119

   Amended · 25 U.S.C. § 1642

   Pub. L. 111–148 amended section generally. Prior to amendment, section related to treatment of payments under medicaid program

   Source evidence

   Code amendment note
   Pub. L. 111–148 amended section generally. Prior to amendment, section related to treatment of payments under medicaid program.

   Enacted provision · exact public law section
   (a) In General.— Except as provided in subsection (b), S. 1790 entitled “A bill to amend the Indian Health Care Improvement Act to revise and extend that Act, and for other purposes.”, as reported by the Committee on Indian Affairs of the Senate in December 2009, is enacted into law.

8 of 8 references resolved to an enrolled provision