§ 1642. — Treatment of payments under medicaid 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: 25USC1642]
TITLE 25--INDIANS
CHAPTER 18--INDIAN HEALTH CARE
SUBCHAPTER III-A--ACCESS TO HEALTH SERVICES
Sec. 1642. Treatment of payments under medicaid program
(a) Payments to special fund
Notwithstanding any other provision of law, payments to which any
facility of the Service (including a hospital, nursing facility,
intermediate care facility for the mentally retarded, or any other type
of facility which provides services for which payment is available under
title XIX of the Social Security Act [42 U.S.C. 1396 et seq.]) is
entitled under a State plan by reason of section 1911 of such Act [42
U.S.C. 1396j] shall be placed in a special fund to be held by the
Secretary and used by him (to such extent or in such amounts as are
provided in appropriation Acts) exclusively for the purpose of making
any improvements in the facilities of such Service which may be
necessary to achieve compliance with the applicable conditions and
requirements of such title. In making payments from such fund, the
Secretary shall ensure that each service unit of the Service receives at
least 80 percent of the amounts to which the facilities of the Service,
for which such service unit makes collections, are entitled by reason of
section 1911 of the Social Security Act.
(b) Determination of appropriations
Any payments received by such facility for services provided to
Indians eligible for benefits under title XIX of the Social Security Act
[42 U.S.C. 1396 et seq.] shall not be considered in determining
appropriations for the provision of health care and services to Indians.
(Pub. L. 94-437, title IV, Sec. 402, Sept. 30, 1976, 90 Stat. 1409; Pub.
L. 100-713, title IV, Sec. 401(a), (b), Nov. 23, 1988, 102 Stat. 4818;
Pub. L. 102-573, title IV, Sec. 401(b)(1), Oct. 29, 1992, 106 Stat.
4565.)
References in Text
The Social Security Act, referred to in text, is act Aug. 14, 1935,
ch. 531, 49 Stat. 620, as amended. Title XIX of the Act is classified
generally to subchapter XIX (Sec. 1396 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 402 of Pub.
L. 94-437, in subsec. (a) enacted section 1396j of Title 42, The Public
Health and Welfare, in subsecs. (b) to (d) enacted provisions set out as
notes under section 1396j of Title 42 (of which subsecs. (c) and (d)
were restated in this section), and in subsec. (e) amended section 1396d
of Title 42.
Amendments
1992--Pub. L. 102-573 amended section generally, substituting
subsecs. (a) and (b) for former subsecs. (a) to (e). See Codification
note above.
1988--Subsec. (b). Pub. L. 100-713, Sec. 401(b), struck out subsec.
(b) which authorized Secretary of Health and Human Services to enter
into agreements to reimburse State agencies for health care and services
provided in Indian Health Service facilities to Indians eligible for
medical assistance under title XIX of the Social Security Act.
Subsec. (c). Pub. L. 100-713, Sec. 401(a), substituted ``skilled
nursing facility, or any other type of facility which provides services
of a type otherwise covered under a State plan for medical assistance
approved under title XIX of the Social Security Act'' for ``or skilled
nursing facility'', ``such a State plan'' for ``a State plan approved
under title XIX of the Social Security Act'', and ``In making payments
from such fund, the Secretary shall ensure that each service unit of the
Indian Health Service receives at least 50 percent of the amounts to
which the facilities of the Indian Health Service, for which such
service unit makes collections, are entitled by reason of section 1911
of the Social Security Act, if such amount is necessary for the purpose
of making improvements in such facilities in order to achieve compliance
with the conditions and requirements of title XIX of the Social Security
Act. This subsection shall'' for ``The preceding sentence shall''.
Effective Date of 1992 Amendment
Section 401(b)(2) of Pub. L. 102-573 provided that: ``The increase
(from 50 percent) in the percentage of the payments from the fund to be
made to each service unit of the Service specified in the amendment made
by paragraph (1) [amending this section] shall take effect beginning
with payments made on January 1, 1993.''
Effective Date of 1988 Amendment
Section 401(c) of Pub. L. 100-713 provided that: ``The amendments
made by this section [amending this section] shall apply to services
performed on or after the date of the enactment of this Act [Nov. 23,
1988].''
Section Referred to in Other Sections
This section is referred to in sections 1645, 1680c of this title.
