§ 1616m. — Matching grants to tribes for scholarship programs.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC1616m]
TITLE 25--INDIANS
CHAPTER 18--INDIAN HEALTH CARE
SUBCHAPTER I--INDIAN HEALTH PROFESSIONAL PERSONNEL
Sec. 1616m. Matching grants to tribes for scholarship programs
(a) In general
(1) The Secretary shall make grants to Indian tribes and tribal
organizations for the purpose of assisting such tribes and tribal
organizations in educating Indians to serve as health professionals in
Indian communities.
(2) Amounts available for grants under paragraph (1) for any fiscal
year shall not exceed 5 percent of amounts available for such fiscal
year for Indian Health Scholarships under section 1613a of this title.
(3) An application for a grant under paragraph (1) shall be in such
form and contain such agreements, assurances, and information as the
Secretary determines are necessary to carry out this section.
(b) Compliance with requirements
(1) An Indian tribe or tribal organization receiving a grant under
subsection (a) of this section shall agree to provide scholarships to
Indians pursuing education in the health professions in accordance with
the requirements of this section.
(2) With respect to the costs of providing any scholarship pursuant
to paragraph (1)--
(A) 80 percent of the costs of the scholarship shall be paid
from the grant made under subsection (a) of this section to the
Indian tribe or tribal organization; and
(B) 20 percent of such costs shall be paid from non-Federal
contributions by the Indian tribe or tribal organization through
which the scholarship is provided.
(3) In determining the amount of non-Federal contributions that have
been provided for purposes of subparagraph (B) of paragraph (2), any
amounts provided by the Federal Government to the Indian tribe or tribal
organization involved or to any other entity shall not be included.
(4) Non-Federal contributions required by subparagraph (B) of
paragraph (2) may be provided directly by the Indian tribe or tribal
organization involved or through donations from public and private
entities.
(c) Course of study in health professions
An Indian tribe or tribal organization shall provide scholarships
under subsection (b) of this section only to Indians enrolled or
accepted for enrollment in a course of study (approved by the Secretary)
in one of the health professions described in section 1613a(a) of this
title.
(d) Contract requirements
In providing scholarships under subsection (b) of this section, the
Secretary and the Indian tribe or tribal organization shall enter into a
written contract with each recipient of such scholarship. Such contract
shall--
(1) obligate such recipient to provide service in an Indian
health program (as defined in section 1616a(a)(2)(A) of this title),
in the same service area where the Indian tribe or tribal
organization providing the scholarship is located, for--
(A) a number of years equal to the number of years for which
the scholarship is provided (or the part-time equivalent
thereof, as determined by the Secretary), or for a period of 2
years, whichever period is greater; or
(B) such greater period of time as the recipient and the
Indian tribe or tribal organization may agree;
(2) provide that the amount of such scholarship--
(A) may be expended only for--
(i) tuition expenses, other reasonable educational
expenses, and reasonable living expenses incurred in
attendance at the educational institution; and
(ii) payment to the recipient of a monthly stipend of
not more than the amount authorized by section 254l(g)(1)(B)
of title 42, such amount to be reduced pro rata (as
determined by the Secretary) based on the number of hours
such student is enrolled; and
(B) may not exceed, for any year of attendance for which the
scholarship is provided, the total amount required for the year
for the purposes authorized in subparagraph (A);
(3) require the recipient of such scholarship to maintain an
acceptable level of academic standing (as determined by the
educational institution in accordance with regulations issued by the
Secretary); and
(4) require the recipient of such scholarship to meet the
educational and licensure requirements necessary to be a physician,
certified nurse practitioner, certified nurse midwife, or physician
assistant.
(e) Breach of contract
(1) An individual who has entered into a written contract with the
Secretary and an Indian tribe or tribal organization under subsection
(d) of this section and who--
(A) fails to maintain an acceptable level of academic standing
in the educational institution in which he is enrolled (such level
determined by the educational institution under regulations of the
Secretary),
(B) is dismissed from such educational institution for
disciplinary reasons,
(C) voluntarily terminates the training in such an educational
institution for which he is provided a scholarship under such
contract before the completion of such training, or
(D) fails to accept payment, or instructs the educational
institution in which he is enrolled not to accept payment, in whole
or in part, of a scholarship under such contract,
in lieu of any service obligation arising under such contract, shall be
liable to the United States for the Federal share of the amount which
has been paid to him, or on his behalf, under the contract.
(2) If for any reason not specified in paragraph (1), an individual
breaches his written contract by failing either to begin such
individual's service obligation required under such contract or to
complete such service obligation, the United States shall be entitled to
recover from the individual an amount determined in accordance with the
formula specified in subsection (l) of section 1616a of this title in
the manner provided for in such subsection.
(3) The Secretary may carry out this subsection on the basis of
information submitted by the tribes or tribal organizations involved, or
on the basis of information collected through such other means as the
Secretary determines to be appropriate.
(f) Nondiscriminatory practice
The recipient of a scholarship under subsection (b) of this section
shall agree, in providing health care pursuant to the requirements of
subsection (d)(1) of this section--
(1) not to discriminate against an individual seeking such care
on the basis of the ability of the individual to pay for such care
or on the basis that payment for such care will be made pursuant to
the program established in title XVIII of the Social Security Act
[42 U.S.C. 1395 et seq.] or pursuant to the program established in
title XIX of such Act [42 U.S.C. 1396 et seq.]; and
(2) to accept assignment under section 1842(b)(3)(B)(ii) of the
Social Security Act [42 U.S.C. 1395u(b)(3)(B)(ii)] for all services
for which payment may be made under part B of title XVIII of such
Act [42 U.S.C. 1395j et seq.], and to enter into an appropriate
agreement with the State agency that administers the State plan for
medical assistance under title XIX of such Act [42 U.S.C. 1396 et
seq.] to provide service to individuals entitled to medical
assistance under the plan.
(g) Payments for subsequent fiscal years
The Secretary may not make any payments under subsection (a) of this
section to an Indian tribe or tribal organization for any fiscal year
subsequent to the first fiscal year of such payments unless the
Secretary determines that, for the immediately preceding fiscal year,
the Indian tribe or tribal organization has complied with requirements
of this section.
(Pub. L. 94-437, title I, Sec. 120, as added Pub. L. 102-573, title I,
Sec. 112, Oct. 29, 1992, 106 Stat. 4540.)
References in Text
The Social Security Act, referred to in subsec. (f), is act Aug. 14,
1935, ch. 531, 49 Stat. 620, as amended. Titles XVIII and XIX of the Act
are classified generally to subchapters XVIII (Sec. 1395 et seq.) and
XIX (Sec. 1396 et seq.) of chapter 7 of Title 42, The Public Health and
Welfare, respectively. Part B of title XVIII of the Act is classified
generally to part B (Sec. 1395j et seq.) of subchapter XVIII of chapter
7 of Title 42. For complete classification of this Act to the Code, see
section 1305 of Title 42 and Tables.
