
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC11705]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 122--NATIVE HAWAIIAN HEALTH CARE
 
Sec. 11705. Native Hawaiian health care systems


(a) Comprehensive health promotion, disease prevention, and primary 
        health services

    (1)(A) The Secretary, in consultation with Papa Ola Lokahi, may make 
grants to, or enter into contracts with, any qualified entity for the 
purpose of providing comprehensive health promotion and disease 
prevention services as well as primary health services to Native 
Hawaiians.
    (B) In making grants and entering into contracts under this 
paragraph, the Secretary shall give preference to Native Hawaiian health 
care systems and Native Hawaiian organizations and, to the extent 
feasible, health promotion and disease prevention services shall be 
performed through Native Hawaiian health care systems.
    (2) In addition to paragraph (1), the Secretary may make a grant to, 
or enter into a contract with, Papa Ola Lokahi for the purpose of 
planning Native Hawaiian health care systems to serve the health needs 
of Native Hawaiian communities on each of the islands of O'ahu, 
Moloka'i, Maui, Hawai'i, Lana'i, Kaua'i, and Ni'ihau in the State of 
Hawaii.

(b) Qualified entity

    An entity is a qualified entity for purposes of subsection (a)(1) of 
this section if the entity is a Native Hawaiian health care system.

(c) Services to be provided

    (1) Each recipient of funds under subsection (a)(1) of this section 
shall provide the following services:
        (A) outreach services to inform Native Hawaiians of the 
    availability of health services;
        (B) education in health promotion and disease prevention of the 
    Native Hawaiian population by, wherever possible, Native Hawaiian 
    health care practitioners, community outreach workers, counselors, 
    and cultural educators;
        (C) services of physicians, physicians' assistants, nurse 
    practitioners or other health professionals;
        (D) immunizations;
        (E) prevention and control of diabetes, high blood pressure, and 
    otitis media;
        (F) pregnancy and infant care; and
        (G) improvement of nutrition.

    (2) In addition to the mandatory services under paragraph (1), the 
following services may be provided pursuant to subsection (a)(1) of this 
section:
        (A) identification, treatment, control, and reduction of the 
    incidence of preventable illnesses and conditions endemic to Native 
    Hawaiians;
        (B) collection of data related to the prevention of diseases and 
    illnesses among Native Hawaiians; and
        (C) services within the meaning of the terms ``health 
    promotion'', ``disease prevention'', and ``primary health 
    services'', as such terms are defined in section 11711 of this 
    title, which are not specifically referred to in paragraph (1) of 
    this subsection.

    (3) The health care services referred to in paragraphs (1) and (2) 
which are provided under grants or contracts under subsection (a)(1) of 
this section may be provided by traditional Native Hawaiian healers.

(d) Limitation of number of entities

    During a fiscal year, the Secretary under this chapter may make a 
grant to, or hold a contract with, not more than 5 Native Hawaiian 
health care systems.

(e) Matching funds

    (1) The Secretary may not make a grant or provide funds pursuant to 
a contract under subsection (a)(1) of this section to a Native Hawaiian 
health care system--
        (A) in an amount exceeding 83.3 percent of the costs of 
    providing health services under the grant or contract; and
        (B) unless the Native Hawaiian health care system agrees that 
    the Native Hawaiian health care system or the State of Hawaii will 
    make available, directly or through donations to the Native Hawaiian 
    health care system, non-Federal contributions toward such costs in 
    an amount equal to not less than $1 (in cash or in kind under 
    paragraph (2)) for each $5 of Federal funds provided in such grant 
    or contract.

    (2) Non-Federal contributions required in paragraph (1) may be in 
cash or in kind, fairly evaluated, including plant, equipment, or 
services. Amounts provided by the Federal Government or services 
assisted or subsidized to any significant extent by the Federal 
Government may not be included in determining the amount of such non-
Federal contributions.
    (3) The Secretary may waive the requirement established in paragraph 
(1) if--
        (A) the Native Hawaiian health care system involved is a 
    nonprofit private entity described in subsection (b) of this 
    section; and
        (B) the Secretary, in consultation with Papa Ola Lokahi, 
    determines that it is not feasible for the Native Hawaiian health 
    care system to comply with such requirement.

(f) Restriction on use of grant and contract funds

    The Secretary may not make a grant to, or enter into a contract 
with, any entity under subsection (a)(1) of this section unless the 
entity agrees that, amounts received pursuant to such subsection will 
not, directly or through contract, be expended--
        (1) for any purpose other than the purposes described in 
    subsection (c) of this section;
        (2) to provide inpatient services;
        (3) to make cash payments to intended recipients of health 
    services; or
        (4) to purchase or improve real property (other than minor 
    remodeling of existing improvements to real property) or to purchase 
    major medical equipment.

(g) Limitation on charges for services

    The Secretary may not make a grant, or enter into a contract with, 
any entity under subsection (a)(1) of this section unless the entity 
agrees that, whether health services are provided directly or through 
contract--
        (1) health services under the grant or contract will be provided 
    without regard to ability to pay for the health services; and
        (2) the entity will impose a charge for the delivery of health 
    services, and such charge--
            (A) will be made according to a schedule of charges that is 
        made available to the public, and
            (B) will be adjusted to reflect the income of the individual 
        involved.

(h) Authorization of appropriations

    (1) There are authorized to be appropriated such sums as may be 
necessary for fiscal years 1993 through 2001 to carry out subsection 
(a)(1) of this section.
    (2) There are authorized to be appropriated such sums as may be 
necessary to carry out subsection (a)(2) of this section.

(Pub. L. 100-579, Sec. 6, Oct. 31, 1988, 102 Stat. 2919; Pub. L. 100-
690, title II, Sec. 2306, Nov. 18, 1988, 102 Stat. 4226; Pub. L. 102-
396, title IX, Sec. 9168, Oct. 6, 1992, 106 Stat. 1948.)

                          Codification

    The 1992 amendment is based on section 1 of S. 2681, One Hundred 
Second Congress, as passed by the Senate on Aug. 7, 1992, and enacted 
into law by section 9168 of Pub. L. 102-396. Section 9168, which 
referred to S. 2681, as passed by the Senate on ``September 12, 1992'', 
has been treated as referring to S. 2681, as passed by the Senate on 
Aug. 7, 1992, to reflect the probable intent of Congress.
    Pub. L. 100-579 and Pub. L. 100-690 enacted identical sections.


                               Amendments

    1992--Pub. L. 102-396 amended section generally. Prior to amendment, 
section related to administration of grants and contracts.

                  Section Referred to in Other Sections

    This section is referred to in sections 11704, 11706, 11707 of this 
title.
