Page 493 TITLE 25—INDIANS § 1683

1See References in Text note below.

year through fiscal year 2000 to carry out this

subchapter.

(Pub. L. 94–437, title VIII, §825, as added Pub. L.

102–573, title VIII, §813(a), Oct. 29, 1992, 106 Stat.

4590.)

§ 1681. Omitted

CODIFICATION

Section, Pub. L. 104–134, title I, §101(c) [title II], Apr.

26, 1996, 110 Stat. 1321–156, 1321–190; renumbered title I,

Pub. L. 104–140, §1(a), May 2, 1996, 110 Stat. 1327, which

provided that the Indian Health Service was to neither

bill nor charge those Indians who may have economic

means to pay unless and until Congress directs Service

to implement policy to do so, was from the Department

of the Interior and Related Agencies Appropriations

Act, 1996, and was not repeated in subsequent appropriations acts. Provisions similar to those in this section were contained in the following prior appropriation acts:

Pub. L. 103–332, title II, Sept. 30, 1994, 108 Stat. 2529.

Pub. L. 103–138, title II, Nov. 11, 1993, 107 Stat. 1409.

Pub. L. 102–381, title II, Oct. 5, 1992, 106 Stat. 1409.

Pub. L. 102–154, title II, Nov. 13, 1991, 105 Stat. 1027.

Pub. L. 101–512, title II, Nov. 5, 1990, 104 Stat. 1952.

Pub. L. 101–121, title II, Oct. 23, 1989, 103 Stat. 734.

Pub. L. 100–446, title II, Sept. 27, 1988, 102 Stat. 1816.

Pub. L. 100–202, §101(g) [title II], Dec. 22, 1987, 101

Stat. 1329–213, 1329–245.

Pub. L. 99–500, §101(h) [title II], Oct. 18, 1986, 100 Stat.

1783–242, 1783–277, and Pub. L. 99–591, §101(h) [title II],

Oct. 30, 1986, 100 Stat. 3341–242, 3341–277.

Pub. L. 99–190, §101(d) [title II], Dec. 19, 1985, 99 Stat.

1224, 1256.

Pub. L. 98–473, title I, §101(c) [title II], Oct. 12, 1984,

98 Stat. 1837, 1865.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1682 of this title.

§ 1682. Subrogation of claims by Indian Health

Service

On and after October 18, 1986, the Indian

Health Service may seek subrogation of claims

including but not limited to auto accident

claims, including no-fault claims, personal injury, disease, or disability claims, and worker’s

compensation claims, the proceeds of which

shall be credited to the funds established by sections 401 and 402 1 of the Indian Health Care Improvement Act.

(Pub. L. 99–500, §101(h) [title II], Oct. 18, 1986, 100

Stat. 1783–242, 1783–277, and Pub. L. 99–591,

§101(h) [title II], Oct. 30, 1986, 100 Stat. 3341–242,

3341–277.)

REFERENCES IN TEXT

Sections 401 and 402 of the Indian Health Care Improvement Act, referred to in text, probably means

former sections 401 and 402 of Pub. L. 94–437, title IV,

Sept. 30, 1976, 90 Stat. 1408, 1409, which enacted sections

1395qq and 1396j of Title 42, The Public Health and Welfare, amended sections 1395f, 1395n, and 1396d of Title 42,

and enacted provisions set out as notes under sections

1395qq and 1396j of Title 42. Sections 401 and 402 of the

Act were amended generally by section 401(a), (b)(1) of

Pub. L. 102–573, title IV, Oct. 29, 1992, 106 Stat. 4565, and

are classified to sections 1641 and 1642 of this title, respectively.

CODIFICATION

Pub. L. 99–591 is a corrected version of Pub. L. 99–500.

Section was enacted as part of the Department of the

Interior and Related Agencies Appropriations Act, 1987,

as enacted by Pub. L. 99–500 and Pub. L. 99–591, and not

as part of the Indian Health Care Improvement Act

which comprises this chapter.

PRIOR PROVISIONS

A prior section 1682, Pub. L. 98–473, title I, §101(c)

[title II], Oct. 12, 1984, 98 Stat. 1837, 1865, which related

to subrogation of claims by Indian Health Service, was

omitted as superseded by section 101(h) [title II] of Pub.

L. 99–500 and Pub. L. 99–591.

§ 1683. Indian Catastrophic Health Emergency

Fund

$10,000,000 shall remain available until expended, for the establishment of an Indian Catastrophic Health Emergency Fund (hereinafter

referred to as the ‘‘Fund’’). On and after October

18, 1986, the Fund is to cover the Indian Health

Service portion of the medical expenses of catastrophic illness falling within the responsibility

of the Service and shall be administered by the

Secretary of Health and Human Services, acting

through the central office of the Indian Health

Service. No part of the Fund or its administration shall be subject to contract or grant under

the Indian Self-Determination and Education

Assistance Act (Public Law 93–638) [25 U.S.C. 450

et seq.]. There shall be deposited into the Fund

all amounts recovered under the authority of

the Federal Medical Care Recovery Act (42

U.S.C. 2651 et seq.), which shall become available

for obligation upon receipt and which shall remain available for obligation until expended.

The Fund shall not be used to pay for health

services provided to eligible Indians to the extent that alternate Federal, State, local, or private insurance resources for payment: (1) are

available and accessible to the beneficiary; or (2)

would be available and accessible if the beneficiary were to apply for them; or (3) would be

available and accessible to other citizens similarly situated under Federal, State, or local law

or regulation or private insurance program notwithstanding Indian Health Service eligibility

or residency on or off a Federal Indian reservation.

(Pub. L. 99–500, §101(h) [title II], Oct. 18, 1986, 100

Stat. 1783–242, 1783–276, and Pub. L. 99–591,

§101(h) [title II], Oct. 30, 1986, 100 Stat. 3341–242,

3341–276.)

REFERENCES IN TEXT

The Indian Self-Determination and Education Assistance Act (Public Law 93–638), referred to in text, is Pub.

L. 93–638, Jan. 4, 1975, 88 Stat. 2203, as amended, 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.

The Federal Medical Care Recovery Act (42 U.S.C.

2651 et seq.), referred to in text, probably means Pub. L.

87–693, Sept. 25, 1962, 76 Stat. 593, which is classified

generally to chapter 32 (§2651 et seq.) of Title 42, The

Public Health and Welfare. For complete classification

of this Act to the Code, see Tables.

CODIFICATION

Pub. L. 99–591 is a corrected version of Pub. L. 99–500.

Section was enacted as part of the Department of the

Interior and Related Agencies Appropriations Act, 1987,

as enacted by Pub. L. 99–500 and Pub. L. 99–591, and not