§ 1616n TITLE 25—INDIANS Page 440

(3) require the recipient of such scholarship

to maintain an acceptable level of academic

standing (as determined by the educational institution in accordance with regulations issued by the Secretary); and

(4) require the recipient of such scholarship

to meet the educational and licensure requirements necessary to be a physician, certified

nurse practitioner, certified nurse midwife, or

physician assistant.

(e) Breach of contract

(1) An individual who has entered into a written contract with the Secretary and an Indian

tribe or tribal organization under subsection (d)

of this section and who—

(A) fails to maintain an acceptable level of

academic standing in the educational institution in which he is enrolled (such level determined by the educational institution under

regulations of the Secretary),

(B) is dismissed from such educational institution for disciplinary reasons,

(C) voluntarily terminates the training in

such an educational institution for which he is

provided a scholarship under such contract before the completion of such training, or

(D) fails to accept payment, or instructs the

educational institution in which he is enrolled

not to accept payment, in whole or in part, of

a scholarship under such contract,

in lieu of any service obligation arising under

such contract, shall be liable to the United

States for the Federal share of the amount

which has been paid to him, or on his behalf,

under the contract.

(2) If for any reason not specified in paragraph

(1), an individual breaches his written contract

by failing either to begin such individual’s service obligation required under such contract or to

complete such service obligation, the United

States shall be entitled to recover from the individual an amount determined in accordance

with the formula specified in subsection (l) of

section 1616a of this title in the manner provided

for in such subsection.

(3) The Secretary may carry out this subsection on the basis of information submitted by

the tribes or tribal organizations involved, or on

the basis of information collected through such

other means as the Secretary determines to be

appropriate.

(f) Nondiscriminatory practice

The recipient of a scholarship under subsection (b) of this section shall agree, in providing health care pursuant to the requirements of

subsection (d)(1) of this section—

(1) not to discriminate against an individual

seeking such care on the basis of the ability of

the individual to pay for such care or on the

basis that payment for such care will be made

pursuant to the program established in title

XVIII of the Social Security Act [42 U.S.C. 1395

et seq.] or pursuant to the program established

in title XIX of such Act [42 U.S.C. 1396 et seq.];

and

(2) to accept assignment under section

1842(b)(3)(B)(ii) of the Social Security Act [42

U.S.C. 1395u(b)(3)(B)(ii)] for all services for

which payment may be made under part B of

title XVIII of such Act [42 U.S.C. 1395j et seq.],

and to enter into an appropriate agreement

with the State agency that administers the

State plan for medical assistance under title

XIX of such Act [42 U.S.C. 1396 et seq.] to provide service to individuals entitled to medical

assistance under the plan.

(g) Payments for subsequent fiscal years

The Secretary may not make any payments

under subsection (a) of this section to an Indian

tribe or tribal organization for any fiscal year

subsequent to the first fiscal year of such payments unless the Secretary determines that, for

the immediately preceding fiscal year, the Indian tribe or tribal organization has complied

with requirements of this section.

(Pub. L. 94–437, title I, §120, as added Pub. L.

102–573, title I, §112, Oct. 29, 1992, 106 Stat. 4540.)

REFERENCES IN TEXT

The Social Security Act, referred to in subsec. (f), is

act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Titles

XVIII and XIX of the Act are classified generally to

subchapters XVIII (§1395 et seq.) and XIX (§1396 et seq.)

of chapter 7 of Title 42, The Public Health and Welfare,

respectively. Part B of title XVIII of the Act is classified generally to part B (§1395j et seq.) of subchapter

XVIII of chapter 7 of Title 42. For complete classification of this Act to the Code, see section 1305 of Title 42

and Tables.

§ 1616n. Tribal health program administration

The Secretary shall, by contract or otherwise,

provide training for individuals in the administration and planning of tribal health programs.

(Pub. L. 94–437, title I, §121, as added Pub. L.

102–573, title I, §113, Oct. 29, 1992, 106 Stat. 4542.)

§ 1616o. University of South Dakota pilot program

(a) Establishment

The Secretary may make a grant to the

School of Medicine of the University of South

Dakota (hereafter in this section referred to as

‘‘USDSM’’) to establish a pilot program on an

Indian reservation at one or more service units

in South Dakota to address the chronic manpower shortage in the Aberdeen Area of the

Service.

(b) Purposes

The purposes of the program established pursuant to a grant provided under subsection (a) of

this section are—

(1) to provide direct clinical and practical

experience at a service unit to medical students and residents from USDSM and other

medical schools;

(2) to improve the quality of health care for

Indians by assuring access to qualified health

care professionals; and

(3) to provide academic and scholarly opportunities for physicians, physician assistants,

nurse practitioners, nurses, and other allied

health professionals serving Indian people by

identifying and utilizing all academic and

scholarly resources of the region.

(c) Composition; designation

The pilot program established pursuant to a

grant provided under subsection (a) of this section shall—