
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: 42USC11711]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 122--NATIVE HAWAIIAN HEALTH CARE
 
Sec. 11711. Definitions

    For purposes of this chapter:

                       (1) Disease prevention

        The term ``disease prevention'' includes--
            (A) immunizations,
            (B) control of high blood pressure,
            (C) control of sexually transmittable diseases,
            (D) prevention and control of diabetes,
            (E) control of toxic agents,
            (F) occupational safety and health,
            (G) accident prevention,
            (H) fluoridation of water,
            (I) control of infectious agents, and
            (J) provision of mental health care.

                        (2) Health promotion

        The term ``health promotion'' includes--
            (A) pregnancy and infant care, including prevention of fetal 
        alcohol syndrome,
            (B) cessation of tobacco smoking,
            (C) reduction in the misuse of alcohol and drugs,
            (D) improvement of nutrition,
            (E) improvement in physical fitness,
            (F) family planning, and
            (G) control of stress.

                         (3) Native Hawaiian

        The term ``Native Hawaiian'' means any individual who is--
            (A) a citizen of the United States, and
            (B) a descendant of the aboriginal people, who prior to 
        1778, occupied and exercised sovereignty in the area that now 
        constitutes the State of Hawaii, as evidenced by--
                (i) genealogical records,
                (ii) Kupuna (elders) or Kama'aina (long-term community 
            residents) verification, or
                (iii) birth records of the State of Hawaii.

                  (4) Native Hawaiian health center

        The term ``Native Hawaiian health center'' means an entity--
            (A) which is organized under the laws of the State of 
        Hawaii,
            (B) which provides or arranges for health care services 
        through practitioners licensed by the State of Hawaii, where 
        licensure requirements are applicable,
            (C) which is a public or nonprofit private entity, and
            (D) in which Native Hawaiian health practitioners 
        significantly participate in the planning, management, 
        monitoring, and evaluation of health services.

                  (5) Native Hawaiian organization

        The term ``Native Hawaiian organization'' means any 
    organization--
            (A) which serves the interests of Native Hawaiians,
            (B) which is--
                (i) recognized by Papa Ola Lokahi for the purpose of 
            planning, conducting, or administering programs (or portions 
            of programs) authorized under this chapter for the benefit 
            of Native Hawaiians, and
                (ii) certified by Papa Ola Lokahi as having the 
            qualifications and capacity to provide the services, and 
            meet the requirements, under the contract the organization 
            enters into with, or grant the organization receives from, 
            the Secretary under this chapter,

            (C) in which Native Hawaiian health practitioners 
        significantly participate in the planning, management, 
        monitoring, and evaluation of health services, and
            (D) which is a public or nonprofit private entity.

               (6) Native Hawaiian health care system

        The term ``Native Hawaiian health care system'' means an 
    entity--
            (A) which is organized under the laws of the State of 
        Hawaii,
            (B) which provides or arranges for health care services 
        through practitioners licensed by the State of Hawaii, where 
        licensure requirements are applicable,
            (C) which is a public or nonprofit private entity,
            (D) in which Native Hawaiian health practitioners 
        significantly participate in the planning, management, 
        monitoring, and evaluation of health care services,
            (E) which may be composed of as many Native Hawaiian health 
        centers as necessary to meet the health care needs of each 
        island's Native Hawaiians, and
            (F) which is--
                (i) recognized by Papa Ola Lokahi for the purpose of 
            planning, conducting, or administering programs, or portions 
            of programs, authorized by this chapter for the benefit of 
            Native Hawaiians, and
                (ii) certified by Papa Ola Lokahi as having the 
            qualifications and the capacity to provide the services and 
            meet the requirements under the contract the Native Hawaiian 
            health care system enters into with the Secretary or the 
            grant the Native Hawaiian health care system receives from 
            the Secretary pursuant to this chapter.

                         (7) Papa Ola Lokahi

        (A) The term ``Papa Ola Lokahi'' means an organization composed 
    of--
            (i) E Ola Mau;
            (ii) the Office of Hawaiian Affairs of the State of Hawaii;
            (iii) Alu Like Inc.;
            (iv) the University of Hawaii;
            (v) the Office of Hawaiian Health of the Hawaii State 
        Department of Health;
            (vi) Ho'ola Lahui Hawaii, or a health care system serving 
        the islands of Kaua'i and Ni'ihau, and which may be composed of 
        as many health care centers as are necessary to meet the health 
        care needs of the Native Hawaiians of those islands;
            (vii) Ke Ola Mamo, or a health care system serving the 
        island of O'ahu, and which may be composed of as many health 
        care centers as are necessary to meet the health care needs of 
        the Native Hawaiians of that island;
            (viii) Na Pu'uwai or a health care system serving the 
        islands of Moloka'i and Lana'i, and which may be composed of as 
        many health care centers as are necessary to meet the health 
        care needs of the Native Hawaiians of those islands;
            (ix) Hui No Ke Ola Pono, or a health care system serving the 
        island of Maui, and which may be composed of as many health care 
        centers as are necessary to meet the health care needs of the 
        Native Hawaiians of that island;
            (x) Hui Malama Ola Ha'Oiwi or a health care system serving 
        the island of Hawaii, and which may be composed of as many 
        health care centers as are necessary to meet the health care 
        needs of the Native Hawaiians of that island; and
            (xi) such other member organizations as the Board of Papa 
        Ola Lokahi may admit from time to time, based upon satisfactory 
        demonstration of a record of contribution to the health and 
        well-being of Native Hawaiians, and upon satisfactory 
        development of a mission statement in relation to this chapter, 
        including clearly defined goals and objectives, a 5-year action 
        plan outlining the contributions that each organization will 
        make in carrying out the policy of this chapter, and an 
        estimated budget.

        (B) Such term does not include any such organization identified 
    in subparagraph (A) if the Secretary determines that such 
    organization has not developed a mission statement with clearly 
    defined goals and objectives for the contributions the organization 
    will make to the Native Hawaiian health care systems, and an action 
    plan for carrying out those goals and objectives.

                     (8) Primary health services

        The term ``primary health services'' means--
            (A) services of physicians, physicians' assistants, nurse 
        practitioners, and other health professionals;
            (B) diagnostic laboratory and radiologic services;
            (C) preventive health services (including children's eye and 
        ear examinations to determine the need for vision and hearing 
        correction, perinatal services, well child services, and family 
        planning services);
            (D) emergency medical services;
            (E) transportation services as required for adequate patient 
        care;
            (F) preventive dental services; and
            (G) pharmaceutical services, as may be appropriate for 
        particular health centers.

                            (9) Secretary

        The term ``Secretary'' means the Secretary of Health and Human 
    Services.

               (10) Traditional Native Hawaiian healer

        The term ``traditional Native Hawaiian healer'' means a 
    practitioner--
            (A) who--
                (i) is of Hawaiian ancestry, and
                (ii) has the knowledge, skills, and experience in direct 
            personal health care of individuals, and

            (B) whose knowledge, skills, and experience are based on 
        demonstrated learning of Native Hawaiian healing practices 
        acquired by--
                (i) direct practical association with Native Hawaiian 
            elders, and
                (ii) oral traditions transmitted from generation to 
            generation.

(Pub. L. 100-579, Sec. 12, Oct. 31, 1988, 102 Stat. 2923; Pub. L. 100-
690, title II, Sec. 2312, Nov. 18, 1988, 102 Stat. 4230; 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.
    Section was formerly classified to section 11710 of this title prior 
to the general amendment of this chapter by Pub. L. 102-396.
    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 severability.

                  Section Referred to in Other Sections

    This section is referred to in sections 11705, 11709 of this title.
