§ 1680k. — Home and communitybased care 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: 25USC1680k]
TITLE 25--INDIANS
CHAPTER 18--INDIAN HEALTH CARE
SUBCHAPTER VI--MISCELLANEOUS
Sec. 1680k. Home- and community-based care demonstration project
(a) Authority of Secretary
The Secretary, acting through the Service, is authorized to enter
into contracts with, or make grants to, Indian tribes or tribal
organizations providing health care services pursuant to a contract
entered into under the Indian Self-Determination Act [25 U.S.C. 450f et
seq.], to establish demonstration projects for the delivery of home- and
community-based services to functionally disabled Indians.
(b) Use of funds
(1) Funds provided for a demonstration project under this section
shall be used only for the delivery of home- and community-based
services (including transportation services) to functionally disabled
Indians.
(2) Such funds may not be used--
(A) to make cash payments to functionally disabled Indians;
(B) to provide room and board for functionally disabled Indians;
(C) for the construction or renovation of facilities or the
purchase of medical equipment; or
(D) for the provision of nursing facility services.
(c) Criteria for approval of applications
Not later than 180 days after October 29, 1992, the Secretary, after
consultation with Indian tribes and tribal organizations, shall develop
and issue criteria for the approval of applications submitted under this
section. Such criteria shall ensure that demonstration projects
established under this section promote the development of the capacity
of tribes and tribal organizations to deliver, or arrange for the
delivery of, high quality, culturally appropriate home- and community-
based services to functionally disabled Indians; \1\
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(d) Assistance to applicants
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) Services to ineligible persons
At the discretion of the tribe or tribal organization, services
provided under a demonstration project established under this section
may be provided (on a cost basis) to persons otherwise ineligible for
the health care benefits of the Service.
(f) Maximum number of demonstration projects
The Secretary shall establish not more than 24 demonstration
projects under this section. The Secretary may not establish a greater
number of demonstration projects under this section in one service area
than in any other service area until there is an equal number of such
demonstration projects established 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 issued
pursuant to subsection (c) of this section.
(g) Report
The Secretary shall submit to the President, for inclusion in the
report which is required to be submitted under section 1671 of this
title for fiscal year 1999, a report on the findings and conclusions
derived from the demonstration projects conducted under this section,
together with legislative recommendations.
(h) Definitions
For the purposes of this section, the following definitions shall
apply:
(1) The term ``home- and community-based services'' means one or
more of the following:
(A) Homemaker/home health aide services.
(B) Chore services.
(C) Personal care services.
(D) Nursing care services provided outside of a nursing
facility by, or under the supervision of, a registered nurse.
(E) Respite care.
(F) Training for family members in managing a functionally
disabled individual.
(G) Adult day care.
(H) Such other home- and community-based services as the
Secretary may approve.
(2) The term ``functionally disabled'' means an individual who
is determined to require home- and community-based services based on
an assessment that uses criteria (including, at the discretion of
the tribe or tribal organization, activities of daily living)
developed by the tribe or tribal organization.
(i) Authorization of appropriations
There are authorized to be appropriated for each of the fiscal years
1996 through 2000 such sums as may be necessary to carry out this
section. Such sums shall remain available until expended.
(Pub. L. 94-437, title VIII, Sec. 821, as added Pub. L. 102-573, title
VIII, Sec. 809, Oct. 29, 1992, 106 Stat. 4587; amended Pub. L. 104-313,
Sec. 2(g), Oct. 19, 1996, 110 Stat. 3822.)
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.
Amendments
1996--Subsec. (i). Pub. L. 104-313 substituted ``1996 through 2000''
for ``1993, 1994, 1995, 1996, and 1997''.
Section Referred to in Other Sections
This section is referred to in sections 1671, 1680o of this title.
