
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 25USC1621e]

 
                            TITLE 25--INDIANS
 
                     CHAPTER 18--INDIAN HEALTH CARE
 
                     SUBCHAPTER II--HEALTH SERVICES
 
Sec. 1621e. Reimbursement from certain third parties of costs of 
        health services
        

(a) Right of recovery

    Except as provided in subsection (f) of this section, the United 
States, an Indian tribe, or a tribal organization shall have the right 
to recover the reasonable expenses incurred by the Secretary, an Indian 
tribe, or a tribal organization in providing health services, through 
the Service, an Indian tribe, or a tribal organization, to any 
individual to the same extent that such individual, or any 
nongovernmental provider of such services, would be eligible to receive 
reimbursement or indemnification for such expenses if--
        (1) such services had been provided by a nongovernmental 
    provider, and
        (2) such individual had been required to pay such expenses and 
    did pay such expenses.

(b) Recovery against State with workers' compensation laws or no-fault 
        automobile accident insurance program

    Subsection (a) of this section shall provide a right of recovery 
against any State only if the injury, illness, or disability for which 
health services were provided is covered under--
        (1) workers' compensation laws, or
        (2) a no-fault automobile accident insurance plan or program.

(c) Prohibition of State law or contract provision impeding right of 
        recovery

    No law of any State, or of any political subdivision of a State, and 
no provision of any contract entered into or renewed after November 23, 
1988, shall prevent or hinder the right of recovery of the United 
States, an Indian tribe, or a tribal organization under subsection (a) 
of this section.

(d) Right to damages

    No action taken by the United States, an Indian tribe, or a tribal 
organization to enforce the right of recovery provided under subsection 
(a) of this section shall affect the right of any person to any damages 
(other than damages for the cost of health services provided by the 
Secretary through the Service).

(e) Intervention or separate civil action

    The United States, an Indian tribe, or a tribal organization may 
enforce the right of recovery provided under subsection (a) of this 
section by--
        (1) intervening or joining in any civil action or proceeding 
    brought--
            (A) by the individual for whom health services were provided 
        by the Secretary, an Indian tribe, or a tribal organization, or
            (B) by any representative or heirs of such individual, or

        (2) instituting a separate civil action, after providing to such 
    individual, or to the representative or heirs of such individual, 
    notice of the intention of the United States, an Indian tribe, or a 
    tribal organization to institute a separate civil action.

(f) Right of recovery for services when self-insurance plan provides 
        coverage

    The United States shall not have a right of recovery under this 
section if the injury, illness, or disability for which health services 
were provided is covered under a self-insurance plan funded by an Indian 
tribe or tribal organization.

(Pub. L. 94-437, title II, Sec. 206, as added Pub. L. 100-713, title II, 
Sec. 204, Nov. 23, 1988, 102 Stat. 4811; amended Pub. L. 102-573, title 
II, Sec. 209, Oct. 29, 1992, 106 Stat. 4551.)


                               Amendments

    1992--Subsec. (a). Pub. L. 102-573, Sec. 209(b)(1), substituted 
``Except as provided in subsection (f) of this section, the'' for 
``The''.
    Pub. L. 102-573, Sec. 209(a)(1)-(3), inserted ``, an Indian tribe, 
or a tribal organization'' after ``United States'', after ``Service'', 
and after ``Secretary''.
    Subsec. (b). Pub. L. 102-573, Sec. 209(a)(4), struck out ``, or any 
political subdivision of a State,'' after ``against any State''.
    Subsecs. (c), (d). Pub. L. 102-573, Sec. 209(a)(1), inserted ``, an 
Indian tribe, or a tribal organization'' after ``United States''.
    Subsec. (e). Pub. L. 102-573, Sec. 209(a)(1), (3), inserted ``, an 
Indian tribe, or a tribal organization'' after ``United States'' in two 
places and after ``Secretary''.
    Subsec. (f). Pub. L. 102-573, Sec. 209(b)(2), added subsec. (f).
