§ 1621a. — Catastrophic Health Emergency Fund.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC1621a]
TITLE 25--INDIANS
CHAPTER 18--INDIAN HEALTH CARE
SUBCHAPTER II--HEALTH SERVICES
Sec. 1621a. Catastrophic Health Emergency Fund
(a) Establishment; administration; purpose
(1) There is hereby established an Indian Catastrophic Health
Emergency Fund (hereafter in this section referred to as the ``Fund'')
consisting of--
(A) the amounts deposited under subsection (d) of this section,
and
(B) the amounts appropriated to the Fund under this section.
(2) The Fund shall be administered by the Secretary, acting through
the central office of the Service, solely for the purpose of meeting the
extraordinary medical costs associated with the treatment of victims of
disasters or catastrophic illnesses who are within the responsibility of
the Service.
(3) The Fund shall not be allocated, apportioned, or delegated on a
service unit, area office, or any other basis.
(4) No part of the Fund or its administration shall be subject to
contract or grant under any law, including the Indian Self-Determination
Act [25 U.S.C. 450f et seq.].
(b) Regulations; procedures for payment
The Secretary shall, through the promulgation of regulations
consistent with the provisions of this section--
(1) establish a definition of disasters and catastrophic
illnesses for which the cost of treatment provided under contract
would qualify for payment from the Fund;
(2) provide that a service unit shall not be eligible for
reimbursement for the cost of treatment from the Fund until its cost
of treating any victim of such catastrophic illness or disaster has
reached a certain threshold cost which the Secretary shall establish
at--
(A) for 1993, not less than $15,000 or not more than
$25,000; and
(B) for any subsequent year, not less than the threshold
cost of the previous year increased by the percentage increase
in the medical care expenditure category of the consumer price
index for all urban consumers (United States city average) for
the 12-month period ending with December of the previous year;
(3) establish a procedure for the reimbursement of the portion
of the costs incurred by--
(A) service units or facilities of the Service, or
(B) whenever otherwise authorized by the Service, non-
Service facilities or providers,
in rendering treatment that exceeds such threshold cost;
(4) establish a procedure for payment from the Fund in cases in
which the exigencies of the medical circumstances warrant treatment
prior to the authorization of such treatment by the Service; and
(5) establish a procedure that will ensure that no payment shall
be made from the Fund to any provider of treatment to the extent
that such provider is eligible to receive payment for the treatment
from any other Federal, State, local, or private source of
reimbursement for which the patient is eligible.
(c) Effect on other appropriations
Amounts appropriated to the Fund under this section shall not be
used to offset or limit appropriations made to the Service under
authority of section 13 of this title or any other law.
(d) Reimbursements to Fund
There shall be deposited into the Fund all reimbursements to which
the Service is entitled from any Federal, State, local, or private
source (including third party insurance) by reason of treatment rendered
to any victim of a disaster or catastrophic illness the cost of which
was paid from the Fund.
(Pub. L. 94-437, title II, Sec. 202, as added Pub. L. 100-713, title II,
Sec. 202, Nov. 23, 1988, 102 Stat. 4803; amended Pub. L. 102-573, title
II, Secs. 202(a), 217(b)(2), Oct. 29, 1992, 106 Stat. 4546, 4559.)
References in Text
The Indian Self-Determination Act, referred to in subsec. (a)(4), is
title I of Pub. L. 93-638, Jan. 4, 1975, 88 Stat. 2206, as amended,
which is classified principally to part A (Sec. 450f et seq.) of
subchapter II of chapter 14 of this title. For complete classification
of this Act to the Code, see Short Title note set out under section 450
of this title and Tables.
Amendments
1992--Subsec. (a)(1)(B). Pub. L. 102-573, Sec. 202(a)(1),
substituted ``to the Fund under this section'' for ``under subsection
(e) of this section''.
Subsec. (b)(2). Pub. L. 102-573, Sec. 202(a)(2), substituted ``shall
establish at--'' and subpars. (A) and (B) for ``shall establish at not
less than $10,000 or not more than $20,000;''.
Subsec. (c). Pub. L. 102-573, Sec. 202(a)(3), substituted ``Amounts
appropriated to the Fund under this section'' for ``Funds appropriated
under subsection (e) of this section''.
Subsec. (e). Pub. L. 102-573, Sec. 217(b)(2), struck out subsec. (e)
which authorized appropriations for fiscal years 1989 to 1992.
Effective Date of 1992 Amendment
Section 202(b) of Pub. L. 102-573 provided that: ``The amendment
made by subsection (a)(2) [amending this section] shall take effect
January 1, 1993.''
Section Referred to in Other Sections
This section is referred to in sections 1621f, 1621j of this title.
