2012 US Code
Title 25 - Indians
Chapter 18 - INDIAN HEALTH CARE (§§ 1601 - 1683)
Subchapter II - HEALTH SERVICES (§§ 1621 - 1623)
Section 1621d - Other authority for provision of services
Publication Title | United States Code, 2012 Edition, Title 25 - INDIANS |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 25 - INDIANS CHAPTER 18 - INDIAN HEALTH CARE SUBCHAPTER II - HEALTH SERVICES Sec. 1621d - Other authority for provision of services |
Contains | section 1621d |
Date | 2012 |
Laws in Effect as of Date | January 15, 2013 |
Positive Law | No |
Disposition | standard |
Source Credit | Pub. L. 94-437, title II, §205, as added Pub. L. 102-573, title II, §206(a), Oct. 29, 1992, 106 Stat. 4548; amended Pub. L. 111-148, title X, §10221(a), Mar. 23, 2010, 124 Stat. 935. |
Statutes at Large References | 88 Stat. 2203 90 Stat. 1400 102 Stat. 2923, 4229, 4807 106 Stat. 4548, 1948 124 Stat. 935 |
Public Law References | Public Law 93-638, Public Law 94-437, Public Law 100-690, Public Law 100-713, Public Law 102-396, Public Law 102-573, Public Law 111-148 |
Congressional Bill Reference | Unknown Value1790 111th Congress |
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In this section:
(1) Assisted living serviceThe term “assisted living service” means any service provided by an assisted living facility (as defined in section 1715w(b) of title 12), except that such an assisted living facility—
(A) shall not be required to obtain a license; but
(B) shall meet all applicable standards for licensure.
(2) Home- and community-based serviceThe term “home- and community-based service” means 1 or more of the services specified in paragraphs (1) through (9) of section 1396t(a) of title 42 (whether provided by the Service or by an Indian tribe or tribal organization pursuant to the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.)) that are or will be provided in accordance with applicable standards.
(3) Hospice careThe term “hospice care” means—
(A) the items and services specified in subparagraphs (A) through (H) of section 1395x(dd)(1) of title 42; and
(B) such other services as an Indian tribe or tribal organization determines are necessary and appropriate to provide in furtherance of that care.
(4) Long-term care servicesThe term “long-term care services” has the meaning given the term “qualified long-term care services” in section 7702B(c) of title 26.
(b) Funding authorizedThe Secretary, acting through the Service, Indian tribes, and tribal organizations, may provide funding under this chapter to meet the objectives set forth in section 1602 of this title through health care-related services and programs not otherwise described in this chapter for the following services:
(1) Hospice care.
(2) Assisted living services.
(3) Long-term care services.
(4) Home- and community-based services.
(c) EligibilityThe following individuals shall be eligible to receive long-term care services under this section:
(1) Individuals who are unable to perform a certain number of activities of daily living without assistance.
(2) Individuals with a mental impairment, such as dementia, Alzheimer's disease, or another disabling mental illness, who may be able to perform activities of daily living under supervision.
(3) Such other individuals as an applicable tribal health program determines to be appropriate.
(d) Authorization of convenient care servicesThe Secretary, acting through the Service, Indian tribes, and tribal organizations, may also provide funding under this chapter to meet the objectives set forth in section 1602 of this title for convenient care services programs pursuant to section 1637(c)(2)(A) of this title.
(Pub. L. 94–437, title II, §205, as added Pub. L. 102–573, title II, §206(a), Oct. 29, 1992, 106 Stat. 4548; amended Pub. L. 111–148, title X, §10221(a), Mar. 23, 2010, 124 Stat. 935.)
References in TextThe Indian Self-Determination and Education Assistance Act, referred to in subsec. (a)(2), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which is classified principally to subchapter II (§450 et seq.) of chapter 14 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 450 of this title and Tables.
This chapter, referred to in subsecs. (b) and (d), was in the original “this Act”, meaning Pub. L. 94–437, Sept. 30, 1976, 90 Stat. 1400, known as the Indian Health Care Improvement Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of this title and Tables.
CodificationAmendment by Pub. L. 111–148 is based on section 124(a)(1) of title I of S. 1790, One Hundred Eleventh Congress, as reported by the Committee on Indian Affairs of the Senate in Dec. 2009, which was enacted into law by section 10221(a) of Pub. L. 111–148.
Prior ProvisionsA prior section 1621d, Pub. L. 94–437, title II, §205, as added Pub. L. 100–713, title II, §203(c), Nov. 23, 1988, 102 Stat. 4807, related to Native Hawaiian health promotion and disease prevention, prior to repeal by Pub. L. 100–579, §14, formerly §10, Oct. 31, 1988, 102 Stat. 2923; Pub. L. 100–690, title II, §2310, Nov. 18, 1988, 102 Stat. 4229; renumbered §14, Pub. L. 102–396, title IX, §9168, Oct. 6, 1992, 106 Stat. 1948. See section 11701 et seq. of Title 42, The Public Health and Welfare.
Amendments2010—Pub. L. 111–148 amended section generally. Prior to amendment, section related to hospice care feasibility study.
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