
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: 42USC238m]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
        SUBCHAPTER I--ADMINISTRATION AND MISCELLANEOUS PROVISIONS
 
                    Part B--Miscellaneous Provisions
 
Sec. 238m. Use of fiscal agents


(a) Contracting authority

    The Secretary may enter into contracts with fiscal agents--
        (1)(A) to determine the amounts payable to persons who, on 
    behalf of the Indian Health Service, furnish health services to 
    eligible Indians,
        (B) to determine the amounts payable to persons who, on behalf 
    of the Public Health Service, furnish health services to individuals 
    pursuant to section 247d or 249 of this title,
        (2) to receive, disburse, and account for funds in making 
    payments described in paragraph (1),
        (3) to make such audits of records as may be necessary to assure 
    that these payments are proper, and
        (4) to perform such additional functions as may be necessary to 
    carry out the functions described in paragraphs (1) through (3).

(b) Contracting prerequisites

    (1) Contracts under subsection (a) of this section may be entered 
into without regard to section 5 of title 41 or any other provision of 
law requiring competition.
    (2) No such contract shall be entered into with an entity unless the 
Secretary finds that the entity will perform its obligations under the 
contract efficiently and effectively and will meet such requirements as 
to financial responsibility, legal authority, and other matters as he 
finds pertinent.

(c) Advances under contracts

    A contract under subsection (a) of this section may provide for 
advances of funds to enable entities to make payments under the 
contract.

(d) Applicable statutory provisions

    Subsections (d) and (e) of section 1395u of this title shall apply 
to contracts with entities under subsection (a) of this section in the 
same manner as they apply to contracts with carriers under that section.

(e) ``Fiscal agent'' defined

    In this section, the term ``fiscal agent'' means a carrier described 
in section 1395u(f)(1) of this title and includes, with respect to 
contracts under subsection (a)(1)(A) of this section, an Indian tribe or 
tribal organization acting under contract with the Secretary under the 
Indian Self-Determination Act (Public Law 93-638) [25 U.S.C. 450f et 
seq.].

(July 1, 1944, ch. 373, title II, Sec. 244, formerly title XXI, 
Sec. 2116, as added Pub. L. 99-272, title XVII, Sec. 17003, Apr. 7, 
1986, 100 Stat. 359; renumbered title XXIII, Sec. 2316, Pub. L. 99-660, 
title III, Sec. 311(a), Nov. 14, 1986, 100 Stat. 3755; renumbered title 
XXV, Sec. 2514, Pub. L. 100-607, title II, Sec. 201(1), (3), Nov. 4, 
1988, 102 Stat. 3062, 3063; renumbered title XXVI, Sec. 2614, Pub. L. 
100-690, title II, Sec. 2620(a), Nov. 18, 1988, 102 Stat. 4244; 
renumbered title XXVII, Sec. 2714, Pub. L. 101-381, title I, 
Sec. 101(1), (2), Aug. 18, 1990, 104 Stat. 576; renumbered title II, 
Sec. 244, Pub. L. 103-43, title XX, Sec. 2010(a)(1)-(3), June 10, 1993, 
107 Stat. 213.)

                       References in Text

    The Indian Self-Determination Act, referred to in subsec. (e), is 
title I of Pub. L. 93-638, Jan. 4, 1975, 88 Stat. 2206, as amended, 
which is classified principally to part A (Sec. 450f et seq.) of 
subchapter II of chapter 14 of Title 25, Indians. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 450 of Title 25 and Tables.

                          Codification

    Section was classified to section 300aaa-13 of this title prior to 
renumbering by Pub. L. 103-43, to section 300cc-15 of this title prior 
to renumbering by Pub. L. 100-607, and to section 300aa-15 of this title 
prior to renumbering by Pub. L. 99-660.
