
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-417 Section 3(b)(1)]
[Document affected by Public Law 106-554 Section 1(a)(6)[432(a)]]
[CITE: 42USC1395qq]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
        SUBCHAPTER XVIII--HEALTH INSURANCE FOR AGED AND DISABLED
 
                    Part D--Miscellaneous Provisions
 
Sec. 1395qq. Indian health service facilities


(a) Eligibility for payments; conditions and requirements

    A hospital or skilled nursing facility of the Indian Health Service, 
whether operated by such Service or by an Indian tribe or tribal 
organization (as those terms are defined in section 1603 of title 25), 
shall be eligible for payments under this subchapter, notwithstanding 
sections 1395f(c) and 1395n(d) of this title, if and for so long as it 
meets all of the conditions and requirements for such payments which are 
applicable generally to hospitals or skilled nursing facilities (as the 
case may be) under this subchapter.

(b) Eligibility based on submission of plan to achieve compliance with 
        conditions and requirements; twelve-month period

    Notwithstanding subsection (a) of this section, a hospital or 
skilled nursing facility of the Indian Health Service which does not 
meet all of the conditions and requirements of this subchapter which are 
applicable generally to hospitals or skilled nursing facilities (as the 
case may be), but which submits to the Secretary within six months after 
September 30, 1976, an acceptable plan for achieving compliance with 
such conditions and requirements, shall be deemed to meet such 
conditions and requirements (and to be eligible for payments under this 
subchapter), without regard to the extent of its actual compliance with 
such conditions and requirements, during the first 12 months after the 
month in which such plan is submitted.

(c) Payments into special fund for improvements to achieve compliance 
        with conditions and requirements; certification of compliance by 
        Secretary

    Notwithstanding any other provision of this subchapter, payments to 
which any hospital or skilled nursing facility of the Indian Health 
Service is entitled by reason of this section shall be placed in a 
special fund to be held by the Secretary and used by him (to such extent 
or in such amounts as are provided in appropriation Acts) exclusively 
for the purpose of making any improvements in the hospitals and skilled 
nursing facilities of such Service which may be necessary to achieve 
compliance with the applicable conditions and requirements of this 
subchapter. The preceding sentence shall cease to apply when the 
Secretary determines and certifies that substantially all of the 
hospitals and skilled nursing facilities of such Service in the United 
States are in compliance with such conditions and requirements.

(d) Report by Secretary; status of facilities in complying with 
        conditions and requirements

    The annual report of the Secretary which is required by section 1671 
of title 25 shall include (along with the matters specified in section 
1643 of title 25) a detailed statement of the status of the hospitals 
and skilled nursing facilities of the Service in terms of their 
compliance with the applicable conditions and requirements of this 
subchapter and of the progress being made by such hospitals and 
facilities (under plans submitted under subsection (b) of this section 
and otherwise) toward the achievement of such compliance.

(Aug. 14, 1935, ch. 531, title XVIII, Sec. 1880, as added Pub. L. 94-
437, title IV, Sec. 401(b), Sept. 30, 1976, 90 Stat. 1408; amended Pub. 
L. 102-573, title VII, Sec. 701(d), Oct. 29, 1992, 106 Stat. 4572.)


                               Amendments

    1992--Subsec. (d). Pub. L. 102-573 made technical amendment to the 
reference to section 1671 of title 25 to reflect renumbering of 
corresponding section of original act.


  Demonstration Program for Direct Billing of Medicare, Medicaid, and 
                        Other Third Party Payors

    Pub. L. 94-437, title IV, Sec. 405, as added by Pub. L. 100-713, 
title IV, Sec. 402, Nov. 23, 1988, 102 Stat. 4818, formerly set out as a 
note under this section, was transferred and is set out as section 1645 
of Title 25, Indians.


   Medicare Payments Not Considered in Determining Appropriations for 
                           Indian Health Care

    Section 401(c) of Pub. L. 94-437 provided that any payments received 
for services provided to beneficiaries under this section were not to be 
considered in determining appropriations for health care and services to 
Indians, prior to the general amendment of section 401 of Pub. L. 94-437 
by Pub. L. 102-573, title IV, Sec. 401(a), Oct. 29, 1992, 106 Stat. 
4565. Similar provisions are contained in section 401(a) of Pub. L. 94-
437, which is classified to section 1641(a) of Title 25, Indians.


Preference in Services for Indians With Medicare Coverage Not Authorized

    Section 401(d) of Pub. L. 94-437, which provided that nothing in 
this section authorized the Secretary to provide services to an Indian 
beneficiary with coverage under this subchapter, in preference to an 
Indian beneficiary without such coverage, was omitted in the general 
amendment of section 401 of Pub. L. 94-437 by Pub. L. 102-573, title IV, 
Sec. 401(a), Oct. 29, 1992, 106 Stat. 4565. Similar provisions are 
contained in section 401(b) of Pub. L. 94-437, which is classified to 
section 1641(b) of Title 25, Indians.

                  Section Referred to in Other Sections

    This section is referred to in sections 1395f, 1395n of this title; 
title 25 section 1680c.
