§ 11703. Comprehensive health care master plan for Native Hawaiians

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. 1988

   Native Hawaiian Health Care Act of 1988

   Pub. L. 100–579 § 4 · 102 Stat. 2916

   Enacted · 42 U.S.C. § 11703

   Pub. L. 100–579, § 4, Oct. 31, 1988, 102 Stat. 2916

   Source evidence

   Code source credit
   Pub. L. 100–579, § 4, Oct. 31, 1988, 102 Stat. 2916

   Enacted provision · exact public law section
   SEC. 4. NATIVE HAWAIIAN HEALTH CENTERS. (a) Comprehensive Health Promotion, Disease Prevention, and Primary Health Services.— (1) (A) The Secretary, in consultation with Papa Ola Lokahi, may make grants to, or enter into contracts with, any qualified entity for the purpose of providing comprehen-sive health promotion and disease prevention services as well as primary health services to Native Hawaiians. (B) In making grants and entering into contracts under this paragraph, the Secretary shall give preference to Native Hawaiian health centers and Native Hawaiian organizations, and, to the extent feasible, health promotion and disease prevention services shall be performed through Native Hawaiian health centers. (2) In addition to paragraph (1), the Secretary may make a grant to, or enter into a contract with. Papa Ola Lokahi for the purpose of planning Native Hawaiian health centers to serve the health needs of Native Hawaiian communities on each of the islands of O’ahu, Moloka’i, Maui, Hawai’i, Lana’i, Kaua’i, and Ni’ihau in the State of Hawaii. (b) Qualified Entity.— An entity is a qualified entity for purposes of subsection (a)(1) if the entity is— (1) a Native Hawaiian health center; (2) a Native Hawaiian organization; or (3) a public or nonprofit private health provider. (c) Services To Be Provided.— (1) Each recipient of funds under subsection (a)(1) shall provide the following services: (A) Outreach services to inform Native Hawaiians of the availability of health services. (B) Education in health promotion and disease prevention of the Native Hawaiian population by (wherever possible) Native Hawaiian health care practitioners, community outreach workers, counselors, and cultural educators. (C) Services of physicians, physicians’ assistants, or nurse practitioners. (D) Immunizations. (E) Prevention and control of diabetes, high blood pressure, and otitis media. (F) Pregnancy and infant care. (G) Improvement of nutrition. (2) In addition to the mandatory services under paragraph (1), the following services may be provided pursuant to subsection (a)(1): (A) Identification, treatment, control, and reduction of the incidence of preventable illnesses and conditions endemic to Native Hawaiians. (B) Collection of data related to the prevention of diseases and illnesses among Native Hawaiians. (C) Services within the meaning of the terms “health promotion”, “disease prevention”, and “primary health services”, as such terms are defined in section 8, which are not specifically referred to in paragraph (1) of this subsection. (3) The health care services referred to in paragraphs (1) and (2) which are provided under grants or contracts under subsection (a)(1) may be provided by traditional Native Hawaiian healers. (d) Limitation on Number of Entities.— During a fiscal year, the Grants. Contracts. Secretary under this Act may make a grant to, or hold a contract with, not more than nine qualified entities in the State of Hawaii, as follows: (1) Two entities serving individuals on Kaua’i, from which individuals on Ni’ihau shall also be served. (2) Two entities serving individuals on O’ahu. (3) One entity serving individuals on Moloka’i, from which individuals on Lana’i shall also be served. (4) Two entities serving individuals on Maui. (5) Two entities serving individuals on Hawai’i. (e) Matching Funds.— (1) The Secretary may not make a grant or provide funds pursuant to a contract under subsection (a)(1) to an entity— (A) in an amount exceeding 75 percent of the costs of providing health services under the grant or contract; and (B) unless the entity agrees that the entity will make available, directly or through donations to the entity, non-Federal contributions toward such costs in an amount equal to not less than $1 (in cash or in kind under paragraph (2)) for each $3 of Federal funds provided in such grant or contract. (2) Non-Federal contributions required in paragraph (1) may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government or services assisted or subsidized to any significant extent by the Federal Government may not be included in determining the amount of such non-Federal contributions. (3) The Secretary may waive the requirement established in paragraph (1) if— (A) the entity involved is a nonprofit private entity described in subsection (b); and (B) the Secretary, in consultation with Papa Ola Lokahi, determines that it is not feasible for the entity to comply with such requirement. (f) Restriction on Use of Grant and Contract Funds.— The Secretary may not make a grant to, or enter into a contract with, an entity under subsection (a)(1) unless the entity agrees that amounts received pursuant to such subsection will not, directly or through contract, be expended— (1) for any purpose other than the purposes described in subsection (c); (2) to provide inpatient services; (3) to make cash payments to intended recipients of health services; or (4) to purchase or improve real property (other than minor remodeling of existing improvements to real property) or to purchase major medical equipment. (g) Limitation on Charges for Services.— The Secretary may not make a grant, or enter into a contract with, an entity under subsection (a)(1) unless the entity agrees that, whether health services are provided directly or through contract— (1) health services under the grant or contract will be provided without regard to ability to pay for the health services; and (2) the entity will impose a charge for the delivery of health services, and such charge— (A) will be made according to a schedule of charges that is made available to the public, and (B) will be adjusted to reflect the income of the individual involved. (h) Authorization of Appropriations.— (1) There is authorized to be appropriated $5,000,000 for fiscal year 1991 and $10,000,000 for fiscal year 1992 to carry out subsection (a)(1). (2) There is authorized to be appropriated for fiscal year 1990 $900,000 to carry out subsection (a)(2).

2. 1992

   Pub. L. 102–396 title IX § 9168 · 106 Stat. 1876

   Amended · 42 U.S.C. § 11703

   Pub. L. 102–396 amended section generally. Prior to amendment, section related to Native Hawaiian health centers

   Source evidence

   Code amendment note
   Pub. L. 102–396 amended section generally. Prior to amendment, section related to Native Hawaiian health centers.

1 of 2 references resolved to an enrolled provision · 1 partial