Page 465 TITLE 25—INDIANS § 1642

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 1621f of this

title.

§ 1641. Treatment of payments under medicare

program

(a) Determination of appropriations

Any payments received by a hospital or

skilled nursing facility of the Service (whether

operated by the Service or by an Indian tribe or

tribal organization pursuant to a contract under

the Indian Self-Determination Act [25 U.S.C.

450f et seq.]) for services provided to Indians eligible for benefits under title XVIII of the Social

Security Act [42 U.S.C. 1395 et seq.] shall not be

considered in determining appropriations for

health care and services to Indians.

(b) Preferences

Nothing in this chapter authorizes the Secretary to provide services to an Indian beneficiary with coverage under title XVIII of the

Social Security Act [42 U.S.C. 1395 et seq.], as

amended, in preference to an Indian beneficiary

without such coverage.

(Pub. L. 94–437, title IV, §401, Sept. 30, 1976, 90

Stat. 1408; Pub. L. 102–573, title IV, §401(a), Oct.

29, 1992, 106 Stat. 4565.)

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

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.

The Social Security Act, referred to in subsecs. (a)

and (b), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as

amended. Title XVIII of the Act is classified generally

to subchapter XVIII (§1395 et seq.) of chapter 7 of Title

42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title

42 and Tables.

CODIFICATION

Prior to general amendment by Pub. L. 102–573, section 401 of Pub. L. 94–437, in subsec. (a) amended sections 1395f and 1395n of Title 42, The Public Health and

Welfare, in subsec. (b) enacted section 1395qq of Title

42, and in subsecs. (c) and (d) enacted provisions set out

as notes under section 1395qq of Title 42 which were restated in this section.

AMENDMENTS

1992—Pub. L. 102–573 amended section generally, substituting subsecs. (a) and (b) for former subsecs. (a) to

(d). See Codification note above.

§ 1642. Treatment of payments under medicaid

program

(a) Payments to special fund

Notwithstanding any other provision of law,

payments to which any facility of the Service

(including a hospital, nursing facility, intermediate care facility for the mentally retarded,

or any other type of facility which provides

services for which payment is available under

title XIX of the Social Security Act [42 U.S.C.

1396 et seq.]) is entitled under a State plan by

reason of section 1911 of such Act [42 U.S.C.

1396j] shall be placed in a special fund to be held

by the Secretary and used by him (to such extent or in such amounts as are provided in appropriation Acts) exclusively for the purpose of

making any improvements in the facilities of

such Service which may be necessary to achieve

compliance with the applicable conditions and

requirements of such title. In making payments

from such fund, the Secretary shall ensure that

each service unit of the Service receives at least

80 percent of the amounts to which the facilities

of the Service, for which such service unit

makes collections, are entitled by reason of section 1911 of the Social Security Act.

(b) Determination of appropriations

Any payments received by such facility for

services provided to Indians eligible for benefits

under title XIX of the Social Security Act [42

U.S.C. 1396 et seq.] shall not be considered in determining appropriations for the provision of

health care and services to Indians.

(Pub. L. 94–437, title IV, §402, Sept. 30, 1976, 90

Stat. 1409; Pub. L. 100–713, title IV, §401(a), (b),

Nov. 23, 1988, 102 Stat. 4818; Pub. L. 102–573, title

IV, §401(b)(1), Oct. 29, 1992, 106 Stat. 4565.)

REFERENCES IN TEXT

The Social Security Act, referred to in text, is act

Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title XIX

of the Act is classified generally to subchapter XIX

(§1396 et seq.) of chapter 7 of Title 42, The Public

Health and Welfare. For complete classification of this

Act to the Code, see section 1305 of Title 42 and Tables.

CODIFICATION

Prior to general amendment by Pub. L. 102–573, section 402 of Pub. L. 94–437, in subsec. (a) enacted section

1396j of Title 42, The Public Health and Welfare, in subsecs. (b) to (d) enacted provisions set out as notes under

section 1396j of Title 42 (of which subsecs. (c) and (d)

were restated in this section), and in subsec. (e) amended section 1396d of Title 42.

AMENDMENTS

1992—Pub. L. 102–573 amended section generally, substituting subsecs. (a) and (b) for former subsecs. (a) to

(e). See Codification note above.

1988—Subsec. (b). Pub. L. 100–713, §401(b), struck out

subsec. (b) which authorized Secretary of Health and

Human Services to enter into agreements to reimburse

State agencies for health care and services provided in

Indian Health Service facilities to Indians eligible for

medical assistance under title XIX of the Social Security Act.

Subsec. (c). Pub. L. 100–713, §401(a), substituted

‘‘skilled nursing facility, or any other type of facility

which provides services of a type otherwise covered

under a State plan for medical assistance approved

under title XIX of the Social Security Act’’ for ‘‘or

skilled nursing facility’’, ‘‘such a State plan’’ for ‘‘a

State plan approved under title XIX of the Social Security Act’’, and ‘‘In making payments from such fund,

the Secretary shall ensure that each service unit of the

Indian Health Service receives at least 50 percent of the

amounts to which the facilities of the Indian Health

Service, for which such service unit makes collections,

are entitled by reason of section 1911 of the Social Security Act, if such amount is necessary for the purpose

of making improvements in such facilities in order to

achieve compliance with the conditions and requirements of title XIX of the Social Security Act. This subsection shall’’ for ‘‘The preceding sentence shall’’.

EFFECTIVE DATE OF 1992 AMENDMENT

Section 401(b)(2) of Pub. L. 102–573 provided that:

‘‘The increase (from 50 percent) in the percentage of the