§ 1641. — Treatment of payments under medicare program.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC1641]
TITLE 25--INDIANS
CHAPTER 18--INDIAN HEALTH CARE
SUBCHAPTER III-A--ACCESS TO HEALTH SERVICES
Sec. 1641. Treatment of payments under medicare program
(a) Determination of appropriations
Any payments received by a hospital or skilled nursing facility of
the Service (whether operated by the Service or by an Indian tribe or
tribal organization pursuant to a contract under the Indian Self-
Determination Act [25 U.S.C. 450f et seq.]) for services provided to
Indians eligible for benefits under title XVIII of the Social Security
Act [42 U.S.C. 1395 et seq.] shall not be considered in determining
appropriations for health care and services to Indians.
(b) Preferences
Nothing in this chapter authorizes the Secretary to provide services
to an Indian beneficiary with coverage under title XVIII of the Social
Security Act [42 U.S.C. 1395 et seq.], as amended, in preference to an
Indian beneficiary without such coverage.
(Pub. L. 94-437, title IV, Sec. 401, Sept. 30, 1976, 90 Stat. 1408; Pub.
L. 102-573, title IV, Sec. 401(a), Oct. 29, 1992, 106 Stat. 4565.)
References in Text
The Indian Self-Determination Act, referred to in subsec. (a), 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.
The Social Security Act, referred to in subsecs. (a) and (b), is act
Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title XVIII of the Act
is classified generally to subchapter XVIII (Sec. 1395 et seq.) of
chapter 7 of Title 42, The Public Health and Welfare. For complete
classification of this Act to the Code, see section 1305 of Title 42 and
Tables.
Codification
Prior to general amendment by Pub. L. 102-573, section 401 of Pub.
L. 94-437, in subsec. (a) amended sections 1395f and 1395n of Title 42,
The Public Health and Welfare, in subsec. (b) enacted section 1395qq of
Title 42, and in subsecs. (c) and (d) enacted provisions set out as
notes under section 1395qq of Title 42 which were restated in this
section.
Amendments
1992--Pub. L. 102-573 amended section generally, substituting
subsecs. (a) and (b) for former subsecs. (a) to (d). See Codification
note above.
