2016 US Code
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
42 U.S.C. § 238m (2016) |
§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). (1) Contracts under subsection (a) may be entered into without regard to section 6101 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 contractsA contract under subsection (a) may provide for advances of funds to enable entities to make payments under the contract. (d) Applicable statutory provisionsSubsections (d) and (e) 1 of section 1395u of this title shall apply to contracts with entities under subsection (a) in the same manner as they apply to contracts with carriers under that section. (e) "Fiscal agent" definedIn this section, the term "fiscal agent" means a carrier described in section 1395u(f)(1) 1 of this title and includes, with respect to contracts under subsection (a)(1)(A), 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. 5321 et seq.]. |
(July 1, 1944, ch. 373, title II, §244, formerly title XXI, §2116, as added Pub. L. 99–272, title XVII, §17003, Apr. 7, 1986, 100 Stat. 359; renumbered title XXIII, §2316, Pub. L. 99–660, title III, §311(a), Nov. 14, 1986, 100 Stat. 3755; renumbered title XXV, §2514, Pub. L. 100–607, title II, §201(1), (3), Nov. 4, 1988, 102 Stat. 3062, 3063; renumbered title XXVI, §2614, Pub. L. 100–690, title II, §2620(a), Nov. 18, 1988, 102 Stat. 4244; renumbered title XXVII, §2714, Pub. L. 101–381, title I, §101(1), (2), Aug. 18, 1990, 104 Stat. 576; renumbered title II, §244, Pub. L. 103–43, title XX, §2010(a)(1)–(3), June 10, 1993, 107 Stat. 213.) |
REFERENCES IN TEXT
Subsections (d), (e), and (f) of section 1395u of this title, referred to in subsecs. (d) and (e), were repealed by Pub. L. 108–173, title IX, §911(c)(5), Dec. 8, 2003, 117 Stat. 2384. The Indian Self-Determination Act, referred to in subsec. (e), is title I of Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2206, which is classified principally to subchapter I (§5321 et seq.) of chapter 46 of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of Title 25 and Tables. CODIFICATIONIn subsec. (b)(1), "section 6101 of title 41" substituted for "section 3709 of the Revised Statutes (41 U.S.C. 5)" on authority of Pub. L. 111–350, §6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. 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. |
1 See References in Text note below. |
United States Code, 2012 Edition, Supplement 4, Title 42 - THE PUBLIC HEALTH AND WELFARE |
Bills and Statutes |
United States Code |
Y 1.2/5: |
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 |
section 238m |
2016 |
January 6, 2017 |
No |
standard |
88 Stat. 2206 100 Stat. 359, 3755 102 Stat. 3062, 4244 104 Stat. 576 107 Stat. 213 117 Stat. 2384 124 Stat. 3854 |
Public Law 93-638, Public Law 99-272, Public Law 99-660, Public Law 100-607, Public Law 100-690, Public Law 101-381, Public Law 103-43, Public Law 108-173, Public Law 111-350 |