§ 1680l. — Shared services 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: 25USC1680l]
TITLE 25--INDIANS
CHAPTER 18--INDIAN HEALTH CARE
SUBCHAPTER VI--MISCELLANEOUS
Sec. 1680l. Shared services demonstration project
(a) Authority of Secretary
The Secretary, acting through the Service and notwithstanding any
other provision of law, is authorized to enter into contracts with
Indian tribes or tribal organizations to establish not more than 6
shared services demonstration projects for the delivery of long-term
care to Indians. Such projects shall provide for the sharing of staff or
other services between a Service facility and a nursing facility owned
and operated (directly or by contract) by such Indian tribe or tribal
organization.
(b) Contract requirements
A contract entered into pursuant to subsection (a) of this section--
(1) may, at the request of the Indian tribe or tribal
organization, delegate to such tribe or tribal organization such
powers of supervision and control over Service employees as the
Secretary deems necessary to carry out the purposes of this section;
(2) shall provide that expenses (including salaries) relating to
services that are shared between the Service facility and the tribal
facility be allocated proportionately between the Service and the
tribe or tribal organization; and
(3) may authorize such tribe or tribal organization to
construct, renovate, or expand a nursing facility (including the
construction of a facility attached to a Service facility), except
that no funds appropriated for the Service shall be obligated or
expended for such purpose.
(c) Eligibility
To be eligible for a contract under this section, a tribe or tribal
organization, shall, as of October 29, 1992--
(1) own and operate (directly or by contract) a nursing
facility;
(2) have entered into an agreement with a consultant to develop
a plan for meeting the long-term needs of the tribe or tribal
organization; or
(3) have adopted a tribal resolution providing for the
construction of a nursing facility.
(d) Nursing facilities
Any nursing facility for which a contract is entered into under this
section shall meet the requirements for nursing facilities under section
1396r of title 42.
(e) 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.
(f) Report
The Secretary shall submit to the President, for inclusion in each
report required to be transmitted to the Congress under section 1671 of
this title, a report on the findings and conclusions derived from the
demonstration projects conducted under this section.
(Pub. L. 94-437, title VIII, Sec. 822, as added Pub. L. 102-573, title
VIII, Sec. 810, Oct. 29, 1992, 106 Stat. 4588.)
Codification
October 29, 1992, referred to in subsec. (c), was in the original
``the date of the enactment of this Act'', which was translated as
meaning the date of enactment of Pub. L. 102-573, which enacted this
section, to reflect the probable intent of Congress.
Section Referred to in Other Sections
This section is referred to in section 1671 of this title.
