§ 1621r TITLE 25—INDIANS Page 456

ment of public health qualifications of applicants;

(2) shall, subject to available appropriations,

make at least one grant under subsection (a)

of this section within each area office;

(3) may, at the request of an Indian tribe or

tribal organization, provide technical assistance; and

(4) shall prepare and submit a report to the

Committee on Energy and Commerce and the

Committee on Natural Resources of the House

and the Committee on Indian Affairs of the

Senate not later than February 1, 1994, and biennially thereafter, on the use of funds under

this section and on the progress made toward

the prevention, control, and elimination of tuberculosis among Indian tribes and tribal organizations.

(e) Reduction of amount of grant

The Secretary may, at the request of a recipient of a grant under subsection (a) of this section, reduce the amount of such grant by—

(1) the fair market value of any supplies or

equipment furnished the grant recipient; and

(2) the amount of the pay, allowances, and

travel expenses of any officer or employee of

the Government when detailed to the grant recipient and the amount of any other costs incurred in connection with the detail of such

officer or employee,

when the furnishing of such supplies or equipment or the detail of such an officer or employee

is for the convenience of and at the request of

such grant recipient and for the purpose of carrying out a program with respect to which the

grant under subsection (a) of this section is

made. The amount by which any such grant is so

reduced shall be available for payment by the

Secretary of the costs incurred in furnishing the

supplies or equipment, or in detailing the personnel, on which the reduction of such grant is

based, and such amount shall be deemed as part

of the grant and shall be deemed to have been

paid to the grant recipient.

(Pub. L. 94–437, title II, §218, as added Pub. L.

102–573, title II, §214, Oct. 29, 1992, 106 Stat. 4556;

amended Pub. L. 103–437, §10(e)(1), (2)(B), Nov. 2,

1994, 108 Stat. 4589.)

AMENDMENTS

1994—Subsec. (d)(4). Pub. L. 103–437 substituted ‘‘Committee on Indian’’ for ‘‘Select Committee on Indian’’

and ‘‘Natural Resources’’ for ‘‘Interior and Insular Affairs’’.

CHANGE OF NAME

Centers for Disease Control changed to Centers for

Disease Control and Prevention by Pub. L. 102–531, title

III, §312, Oct. 27, 1992, 106 Stat. 3504.

Committee on Energy and Commerce of House of

Representatives treated as referring to Committee on

Commerce of House of Representatives and Committee

on Natural Resources of House of Representatives

treated as referring to Committee on Resources of

House of Representatives by section 1(a) of Pub. L.

104–14, set out as a note preceding section 21 of Title 2,

The Congress.

§ 1621r. Contract health services payment study

(a) Duty of Secretary

The Secretary, acting through the Service and

in consultation with representatives of Indian

tribes and tribal organizations operating contract health care programs under the Indian

Self-Determination Act (25 U.S.C. 450f et seq.) or

under self-governance compacts, Service personnel, private contract health services providers,

the Indian Health Service Fiscal Intermediary,

and other appropriate experts, shall conduct a

study—

(1) to assess and identify administrative barriers that hinder the timely payment for services delivered by private contract health services providers to individual Indians by the

Service and the Indian Health Service Fiscal

Intermediary;

(2) to assess and identify the impact of such

delayed payments upon the personal credit

histories of individual Indians who have been

treated by such providers; and

(3) to determine the most efficient and effective means of improving the Service’s contract

health services payment system and ensuring

the development of appropriate consumer protection policies to protect individual Indians

who receive authorized services from private

contract health services providers from billing

and collection practices, including the development of materials and programs explaining

patients’ rights and responsibilities.

(b) Functions of study

The study required by subsection (a) of this

section shall—

(1) assess the impact of the existing contract

health services regulations and policies upon

the ability of the Service and the Indian

Health Service Fiscal Intermediary to process,

on a timely and efficient basis, the payment of

bills submitted by private contract health

services providers;

(2) assess the financial and any other burdens imposed upon individual Indians and private contract health services providers by delayed payments;

(3) survey the policies and practices of collection agencies used by contract health services providers to collect payments for services

rendered to individual Indians;

(4) identify appropriate changes in Federal

policies, administrative procedures, and regulations, to eliminate the problems experienced

by private contract health services providers

and individual Indians as a result of delayed

payments; and

(5) compare the Service’s payment processing requirements with private insurance

claims processing requirements to evaluate

the systemic differences or similarities employed by the Service and private insurers.

(c) Report to Congress

Not later than 12 months after October 29,

1992, the Secretary shall transmit to the Congress a report that includes—

(1) a detailed description of the study conducted pursuant to this section; and

(2) a discussion of the findings and conclusions of such study.

(Pub. L. 94–437, title II, §219, as added Pub. L.

102–573, title II, §215, Oct. 29, 1992, 106 Stat. 4557.)

REFERENCES IN TEXT

The Indian Self-Determination Act, referred to in

subsec. (a), is title I of Pub. L. 93–638, Jan. 4, 1975, 88
Page 457 TITLE 25—INDIANS § 1631

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.

§ 1621s. Prompt action on payment of claims

(a) Time of response

The Service shall respond to a notification of

a claim by a provider of a contract care service

with either an individual purchase order or a denial of the claim within 5 working days after the

receipt of such notification.

(b) Failure to timely respond

If the Service fails to respond to a notification

of a claim in accordance with subsection (a) of

this section, the Service shall accept as valid

the claim submitted by the provider of a contract care service.

(c) Time of payment

The Service shall pay a completed contract

care service claim within 30 days after completion of the claim.

(Pub. L. 94–437, title II, §220, as added Pub. L.

102–573, title II, §215, Oct. 29, 1992, 106 Stat. 4558.)

§ 1621t. Demonstration of electronic claims processing

(a) Not later than June 15, 1993, the Secretary

shall develop and implement, directly or by contract, 2 projects to demonstrate in a pilot setting the use of claims processing technology to

improve the accuracy and timeliness of the billing for, and payment of, contract health services.

(b) The Secretary shall conduct one of the

projects authorized in subsection (a) of this section in the Service area served by the area office

located in Phoenix, Arizona.

(Pub. L. 94–437, title II, §221, as added Pub. L.

102–573, title II, §215, Oct. 29, 1992, 106 Stat. 4559.)

§ 1621u. Liability for payment

(a) A patient who receives contract health

care services that are authorized by the Service

shall not be liable for the payment of any

charges or costs associated with the provision of

such services.

(b) The Secretary shall notify a contract care

provider and any patient who receives contract

health care services authorized by the Service

that such patient is not liable for the payment

of any charges or costs associated with the provision of such services.

(Pub. L. 94–437, title II, §222, as added Pub. L.

102–573, title II, §215, Oct. 29, 1992, 106 Stat. 4559.)

§ 1621v. Office of Indian Women’s Health Care

There is established within the Service an Office of Indian Women’s Health Care to oversee

efforts of the Service to monitor and improve

the quality of health care for Indian women of

all ages through the planning and delivery of

programs administered by the Service, in order

to improve and enhance the treatment models of

care for Indian women.

(Pub. L. 94–437, title II, §223, as added Pub. L.

102–573, title II, §216, Oct. 29, 1992, 106 Stat. 4559.)

§ 1621w. Authorization of appropriations

Except as provided in sections 1621h(m), 1621j,

1621l, 1621m(b)(5), 1621n, and 1621o of this title,

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 II, §224, as added Pub. L.

102–573, title II, §217(a), Oct. 29, 1992, 106 Stat.

4559.)

§ 1621x. Limitation on use of funds

Amounts appropriated to carry out this subchapter may not be used in a manner inconsistent with the Assisted Suicide Funding Restriction Act of 1997 [42 U.S.C. 14401 et seq.].

(Pub. L. 94–437, title II, §225, as added Pub. L.

105–12, §9(f), Apr. 30, 1997, 111 Stat. 27.)

REFERENCES IN TEXT

The Assisted Suicide Funding Restriction Act of 1997,

referred to in text, is Pub. L. 105–12, Apr. 30, 1997, 111

Stat. 23, which is classified principally to chapter 138

(§14401 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the

Code, see Short Title note set out under section 14401

of Title 42 and Tables.

EFFECTIVE DATE

Section effective Apr. 30, 1997, and applicable to Federal payments made pursuant to obligations incurred

after Apr. 30, 1997, for items and services provided on or

after such date, subject to also being applicable with

respect to contracts entered into, renewed, or extended

after Apr. 30, 1997, as well as contracts entered into before Apr. 30, 1997, to the extent permitted under such

contracts, see section 11 of Pub. L. 105–12, set out as a

note under section 14401 of Title 42, The Public Health

and Welfare.

§ 1622. Transferred

CODIFICATION

Section, Pub. L. 94–437, title IV, §404, as added Pub.

L. 96–537, §6, Dec. 17, 1980, 94 Stat. 3176, which related

to grants to and contracts with tribal organizations,

was transferred to section 1644 of this title.

SUBCHAPTER III—HEALTH FACILITIES

§ 1631. Consultation; closure of facilities; reports

(a) Consultation; standards for accreditation

Prior to the expenditure of, or the making of

any firm commitment to expend, any funds appropriated for the planning, design, construction, or renovation of facilities pursuant to section 13 of this title, the Secretary, acting

through the Service, shall—

(1) consult with any Indian tribe that would

be significantly affected by such expenditure

for the purpose of determining and, whenever

practicable, honoring tribal preferences concerning size, location, type, and other characteristics of any facility on which such expenditure is to be made, and

(2) ensure, whenever practicable, that such

facility meets the standards of the Joint Commission on Accreditation of Health Care Organizations by not later than 1 year after the

date on which the construction or renovation

of such facility is completed.