§ 1662 TITLE 25—INDIANS Page 476

the Director shall be 4 years. A Director may serve

more than 1 term.’’

Pub. L. 102–573, §602(a)(1), substituted ‘‘President, by

and with the advice and consent of the Senate’’ for

‘‘Secretary’’ in second sentence.

Subsec. (c)(3)(D). Pub. L. 102–573, §902(6), substituted

‘‘(42 U.S.C. 2005 et seq.)’’ for ‘‘(25 U.S.C. 2005, et seq.)’’.

Subsec. (c)(4). Pub. L. 102–573, §601, added par. (4).

Subsec. (d)(1)(C). Pub. L. 102–573, §902(7), substituted

‘‘appropriated’’ for ‘‘appropriate’’.

EFFECTIVE DATE OF 1992 AMENDMENT

Section 602(a)(2) of Pub. L. 102–573 provided that:

‘‘The amendment made by paragraph (1) [amending this

section] shall take effect January 1, 1993.’’

EFFECTIVE DATE

Section 601(c) of Pub. L. 100–713 provided that:

‘‘(1) Except as provided in paragraph (2), section 601 of

the Indian Health Care Improvement Act [this section]

added by subsection (a) of this section shall take effect

9 months from the date of the enactment of this section

[Nov. 23, 1988].

‘‘(2) Notwithstanding subsections (b) [set out below]

and (c)(1), any action which carries out such section 601

that is taken by the Secretary before the effective date

of such section 601 shall be effective beginning on the

date such action was taken.’’

INTERIM APPOINTMENT

Section 602(b) of Pub. L. 102–573 provided that: ‘‘The

President may appoint an individual to serve as Interim Director of the Service from January 1, 1993,

until such time as a Director is appointed and confirmed as provided in section 601(a) of the Indian Health

Care Improvement Act (25 U.S.C. 1601 et seq.) [25 U.S.C.

1661(a)] (as amended by subsection (a) of this section).’’

TRANSFER OF PERSONNEL, RECORDS, EQUIPMENT, ETC.,

TO INDIAN HEALTH SERVICE

Section 601(b) of Pub. L. 100–713 provided that: ‘‘All

personnel, records, equipment, facilities, and interests

in property that are administered by the Indian Health

Service on the day before the date on which the amendments made by this section take effect [see Effective

Date note above] shall be transferred to the Indian

Health Service established by the amendment made by

subsection (a) of this section [enacting this section and

section 1662 of this title]. All transfers must be accomplished within 9 months of the date of enactment of

this section [Nov. 23, 1988]. The Secretary is authorized

to waive the Indian preference laws on a case-by-case

basis for temporary transfers involved in implementing

this section during such 9-month period.’’

§ 1662. Automated management information system

(a) Establishment

(1) The Secretary shall establish an automated

management information system for the Service.

(2) The information system established under

paragraph (1) shall include—

(A) a financial management system,

(B) a patient care information system for

each area served by the Service,

(C) a privacy component that protects the

privacy of patient information held by, or on

behalf of, the Service, and

(D) a services-based cost accounting component that provides estimates of the costs associated with the provision of specific medical

treatments or services in each area office of

the Service.

(b) Provision to Indian tribes and organizations;

reimbursement

(1) The Secretary shall provide each Indian

tribe and tribal organization that provides

health services under a contract entered into

with the Service under the Indian Self-Determination Act [25 U.S.C. 450f et seq.] automated

management information systems which—

(A) meet the management information needs

of such Indian tribe or tribal organization

with respect to the treatment by the Indian

tribe or tribal organization of patients of the

Service, and

(B) meet the management information needs

of the Service.

(2) The Secretary shall reimburse each Indian

tribe or tribal organization for the part of the

cost of the operation of a system provided under

paragraph (1) which is attributable to the treatment by such Indian tribe or tribal organization

of patients of the Service.

(3) The Secretary shall provide systems under

paragraph (1) to Indian tribes and tribal organizations providing health services in California

by no later than September 30, 1990.

(c) Access to records

Notwithstanding any other provision of law,

each patient shall have reasonable access to the

medical or health records of such patient which

are held by, or on behalf of, the Service.

(Pub. L. 94–437, title VI, §602, as added Pub. L.

100–713, title VI, §601(a), Nov. 23, 1988, 102 Stat.

4825; amended Pub. L. 102–573, title IX, §901(3),

Oct. 29, 1992, 106 Stat. 4591.)

REFERENCES IN TEXT

The Indian Self-Determination Act, referred to in

subsec. (b)(1), is title I of Pub. L. 93–638, Jan. 4, 1975, 88

Stat. 2206, as amended, which is classified principally

to part A (§450f et seq.) of subchapter II 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.

AMENDMENTS

1992—Subsec. (a)(3). Pub. L. 102–573 struck out par. (3)

which directed Secretary to submit report to Congress

no later than Sept. 30, 1989.

§ 1663. Authorization of appropriations

There are authorized to be appropriated such

sums as may be necessary for each fiscal year

through fiscal year 2000 to carry out this subchapter.

(Pub. L. 94–437, title VI, §603, as added Pub. L.

102–573, title VI, §603, Oct. 29, 1992, 106 Stat.

4571.)

SUBCHAPTER V–A—SUBSTANCE ABUSE

PROGRAMS

CODIFICATION

This subchapter was in the original title VII of Pub.

L. 94–437, as added by Pub. L. 102–573. Former title VII

was renumbered VIII by Pub. L. 102–573 and is classified

to subchapter VI of this chapter. Titles IV, V, and VI

of Pub. L. 102–437 are classified to subchapters III–A,

IV, and V of this chapter, respectively.

§ 1665. Indian Health Service responsibilities

The Memorandum of Agreement entered into

pursuant to section 2411 of this title shall include specific provisions pursuant to which the

Service shall assume responsibility for—