§ 1637. — Indian health care delivery demonstration project.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC1637]
TITLE 25--INDIANS
CHAPTER 18--INDIAN HEALTH CARE
SUBCHAPTER III--HEALTH FACILITIES
Sec. 1637. Indian health care delivery demonstration project
(a) Health care delivery demonstration projects
The Secretary, acting through the Service, is authorized to enter
into contracts with, or make grants to, Indian tribes or tribal
organizations for the purpose of carrying out a health care delivery
demonstration project to test alternative means of delivering health
care and services through health facilities to Indians.
(b) Use of funds
The Secretary, in approving projects pursuant to this section, may
authorize funding for the construction and renovation of hospitals,
health centers, health stations, and other facilities to deliver health
care services and is authorized to--
(1) waive any leasing prohibition;
(2) permit carryover of funds appropriated for the provision of
health care services;
(3) permit the use of non-Service Federal funds and non-Federal
funds;
(4) permit the use of funds or property donated from any source
for project purposes; and
(5) provide for the reversion of donated real or personal
property to the donor.
(c) Criteria
(1) Within 180 days after November 28, 1990, the Secretary, after
consultation with Indian tribes and tribal organizations, shall develop
and publish in the Federal Register criteria for the review and approval
of applications submitted under this section. The Secretary may enter
into a contract or award a grant under this section for projects which
meet the following criteria:
(A) There is a need for a new facility or program or the
reorientation of an existing facility or program.
(B) A significant number of Indians, including those with low
health status, will be served by the project.
(C) The project has the potential to address the health needs of
Indians in an innovative manner.
(D) The project has the potential to deliver services in an
efficient and effective manner.
(E) The project is economically viable.
(F) The Indian tribe or tribal organization has the
administrative and financial capability to administer the project.
(G) The project is integrated with providers of related health
and social services and is coordinated with, and avoids duplication
of, existing services.
(2) The Secretary may provide for the establishment of peer review
panels, as necessary, to review and evaluate applications and to advise
the Secretary regarding such applications using the criteria developed
pursuant to paragraph (1).
(3)(A) On or before September 30, 1995, the Secretary shall enter
into contracts or award grants under this section for a demonstration
project in each of the following service units which meets the criteria
specified in paragraph (1) and for which a completed application has
been received by the Secretary:
(i) Cass Lake, Minnesota.
(ii) Clinton, Oklahoma.
(iii) Harlem, Montana.
(iv) Mescalero, New Mexico.
(v) Owyhee, Nevada.
(vi) Parker, Arizona.
(vii) Schurz, Nevada.
(viii) Winnebago, Nebraska.
(ix) Ft. Yuma, California.
(B) The Secretary may also enter into contracts or award grants
under this section taking into consideration applications received under
this section from all service areas. The Secretary may not award a
greater number of such contracts or grants in one service area than in
any other service area until there is an equal number of such contracts
or grants awarded with respect to all service areas from which the
Secretary receives applications during the application period (as
determined by the Secretary) which meet the criteria specified in
paragraph (1).
(d) Technical assistance
The Secretary shall provide such technical and other assistance as
may be necessary to enable applicants to comply with the provisions of
this section.
(e) Service to ineligible persons
The authority to provide services to persons otherwise ineligible
for the health care benefits of the Service and the authority to extend
hospital privileges in service facilities to non-Service health care
practitioners as provided in section 1680c of this title may be
included, subject to the terms of such section, in any demonstration
project approved pursuant to this section.
(f) Equitable treatment
For purposes of subsection (c)(1)(A) of this section, the Secretary
shall, in evaluating facilities operated under any contract entered into
with the Service under the Indian Self-Determination Act [25 U.S.C. 450f
et seq.], use the same criteria that the Secretary uses in evaluating
facilities operated directly by the Service.
(g) Equitable integration of facilities
The Secretary shall ensure that the planning, design, construction,
and renovation needs of Service and non-Service facilities which are the
subject of a contract for health services entered into with the Service
under the Indian Self-Determination Act [25 U.S.C. 450f et seq.], are
fully and equitably integrated into the implementation of the health
care delivery demonstration projects under this section.
(h) Report to Congress
(1) The Secretary shall submit to the President, for inclusion in
the report which is required to be submitted to the Congress under
section 1671 of this title for fiscal year 1997, an interim report on
the findings and conclusions derived from the demonstration projects
established under this section.
(2) The Secretary shall submit to the President, for inclusion in
the report which is required to be submitted to the Congress under
section 1671 of this title for fiscal year 1999, a final report on the
findings and conclusions derived from the demonstration projects
established under this section, together with legislative
recommendations.
(Pub. L. 94-437, title III, Sec. 307, as added Pub. L. 101-630, title V,
Sec. 504, Nov. 28, 1990, 104 Stat. 4562; amended Pub. L. 102-573, title
III, Secs. 304, 307(b)(2), title VII, Sec. 701(c)(2), title IX,
Sec. 902(4)(A), Oct. 29, 1992, 106 Stat. 4562, 4564, 4572, 4591.)
References in Text
The Indian Self-Determination Act, referred to in subsecs. (f) and
(g), 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--Pub. L. 102-573, Sec. 902(4)(A), made technical amendment to
section catchline.
Subsec. (c)(1)(A). Pub. L. 102-573, Sec. 304(a)(1), inserted ``or
program'' after ``facility'' in two places.
Subsec. (c)(3)(A). Pub. L. 102-573, Sec. 304(a)(2), substituted ``On
or before September 30, 1995, the'' for ``The'' and inserted ``and for
which a completed application has been received by the Secretary'' after
``paragraph (1)''.
Subsec. (c)(3)(B). Pub. L. 102-573, Sec. 304(a)(3), which directed
amendment of subsec. (c) by striking subpar. (B) and inserting a new
subpar. (B), was executed by making the amendment in par. (3) of subsec.
(c) to reflect the probable intent of Congress. Prior to amendment,
subpar. (B) read as follows: ``After entering into contracts or awarding
grants in accordance with subparagraph (A), and taking into account
contracts entered into and grants awarded under such subparagraph, the
Secretary may only enter into one contract or award one grant under this
subsection with respect to a service area until the Secretary has
entered into contracts or awarded grants for all service areas with
respect to which the Secretary receives applications during the
application period, as determined by the Secretary, which meet the
criteria developed under paragraph (1).''
Subsec. (e). Pub. L. 102-573, Sec. 701(c)(2), made technical
amendment to the reference to section 1680c of this title to reflect
renumbering of corresponding section of original act.
Subsec. (h). Pub. L. 102-573, Sec. 304(b), amended subsec. (h)
generally. Prior to amendment, subsec. (h) read as follows: ``Within 90
days after the end of the period set out in subsection (a) of this
section, the Secretary shall prepare and submit to Congress a report,
together with legislative recommendations, on the findings and
conclusions derived from the demonstration projects.''
Subsec. (i). Pub. L. 102-573, Sec. 307(b)(2), struck out subsec. (i)
which authorized appropriation of such sums as necessary for fiscal
years 1991 and 1992 for purpose of carrying out this section.
Section Referred to in Other Sections
This section is referred to in sections 1636, 1671 of this title.
