§ 1680h. — Demonstration projects for tribal management of health care services.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC1680h]
TITLE 25--INDIANS
CHAPTER 18--INDIAN HEALTH CARE
SUBCHAPTER VI--MISCELLANEOUS
Sec. 1680h. Demonstration projects for tribal management of
health care services
(a) Establishment; grants
(1) The Secretary, acting through the Service, shall make grants to
Indian tribes to establish demonstration projects under which the Indian
tribe will develop and test a phased approach to assumption by the
Indian tribe of the health care delivery system of the Service for
members of the Indian tribe living on or near the reservations of the
Indian tribe through the use of Service, tribal, and private sector
resources.
(2) A grant may be awarded to an Indian tribe under paragraph (1)
only if the Secretary determines that the Indian tribe has the
administrative and financial capabilities necessary to conduct a
demonstration project described in paragraph (1).
(b) Health care contracts
During the period in which a demonstration project established under
subsection (a) of this section is being conducted by an Indian tribe,
the Secretary shall award all health care contracts, including
community, behavioral, and preventive health care contracts, to the
Indian tribe in the form of a single grant to which the regulations
prescribed under part A of title XIX of the Public Health Service Act
[42 U.S.C. 300w et seq.] (as modified as necessary by any agreement
entered into between the Secretary and the Indian tribe to achieve the
purposes of the demonstration project established under subsection (a)
of this section) shall apply.
(c) Waiver of procurement laws
The Secretary may waive such provisions of Federal procurement law
as are necessary to enable any Indian tribe to develop and test
administrative systems under the demonstration project established under
subsection (a) of this section, but only if such waiver does not
diminish or endanger the delivery of health care services to Indians.
(d) Termination; evaluation and report
(1) The demonstration project established under subsection (a) of
this section shall terminate on September 30, 1993, or, in the case of a
demonstration project for which a grant is made after September 30,
1990, three years after the date on which such grant is made.
(2) By no later than September 30, 1996, the Secretary shall
evaluate the performance of each Indian tribe that has participated in a
demonstration project established under subsection (a) of this section
and shall submit to the Congress a report on such evaluations and
demonstration projects.
(e) Joint venture demonstration projects
(1) The Secretary, acting through the Service, shall make
arrangements with Indian tribes to establish joint venture demonstration
projects under which an Indian tribe shall expend tribal, private, or
other available nontribal funds, for the acquisition or construction of
a health facility for a minimum of 20 years, under a no-cost lease, in
exchange for agreement by the Service to provide the equipment,
supplies, and staffing for the operation and maintenance of such a
health facility. A tribe may utilize tribal funds, private sector, or
other available resources, including loan guarantees, to fulfill its
commitment under this subsection.
(2) The Secretary shall make such an arrangement with an Indian
tribe only if the Secretary first determines that the Indian tribe has
the administrative and financial capabilities necessary to complete the
timely acquisition or construction of the health facility described in
paragraph (1).
(3) An Indian tribe or tribal organization that has entered into a
written agreement with the Secretary under this subsection, and that
breaches or terminates without cause such agreement, shall be liable to
the United States for the amount that has been paid to the tribe, or
paid to a third party on the tribe's behalf, under the agreement. The
Secretary has the right to recover tangible property (including
supplies), and equipment, less depreciation, and any funds expended for
operations and maintenance under this section. The preceding sentence
does not apply to any funds expended for the delivery of health care
services, or for personnel or staffing, shall be recoverable.\1\
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\1\ So in original. The words ``, shall be recoverable'' probably
should not appear.
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(Pub. L. 94-437, title VIII, Sec. 818, formerly title VII, Sec. 718, as
added Pub. L. 100-713, title VII, Sec. 713, Nov. 23, 1988, 102 Stat.
4833; renumbered title VIII, Sec. 818, and amended Pub. L. 102-573,
title VII, Sec. 701(a), (b), title VIII, Sec. 808, Oct. 29, 1992, 106
Stat. 4572, 4586.)
References in Text
The Public Health Service Act, referred to in subsec. (b), is act
July 1, 1944, ch. 373, 58 Stat. 682, as amended. Part A of title XIX of
the Public Health Service Act is classified generally to part A
(Sec. 300w et seq.) of subchapter XVII of chapter 6A of Title 42, The
Public Health and Welfare. For complete classification of this Act to
the Code, see Short Title note set out under section 201 of Title 42 and
Tables.
Amendments
1992--Subsec. (d)(1). Pub. L. 102-573, Sec. 808(1)(A), inserted
before period at end ``, or, in the case of a demonstration project for
which a grant is made after September 30, 1990, three years after the
date on which such grant is made''.
Subsec. (d)(2). Pub. L. 102-573, Sec. 808(1)(B), substituted
``1996'' for ``1994''.
Subsec. (e). Pub. L. 102-573, Sec. 808(2), amended subsec. (e)
generally. Prior to amendment, subsec. (e) read as follows: ``There are
authorized to be appropriated such sums as may be necessary to carry out
the purposes of this section.''
