§1621a — Title 25 Indians | U.S. Code

Summary

Creates the Indian Catastrophic Health Emergency Fund (CHEF). CHEF gets money from two places: deposits described later in the law and annual amounts Congress gives. The Secretary, through the Service’s central office, must use CHEF only to pay very large medical bills for people the Service is responsible for after disasters or catastrophic illnesses. The Secretary must write rules that say what counts as a disaster or catastrophic illness, set a payment threshold that started at $19,000 in 2000 and rises each year by the medical-care CPI increase, and explain how Service units or approved non-Service providers get reimbursed for costs above that threshold. The rules must also cover emergency payments made before formal approval and stop CHEF from paying a provider when another Federal, State, local, or private source must pay. CHEF money cannot reduce other Service funding, and any reimbursements the Service gets for CHEF-paid care must go back into CHEF.

Title 25, §1621a

Indians — Source: USLM XML via OLRC

(a)There is established an Indian Catastrophic Health Emergency Fund (hereafter in this section referred to as the “CHEF”) consisting of—

(1)the amounts deposited under subsection (f); and

(2)the amounts appropriated to CHEF under this section.

(b)CHEF shall be administered by the Secretary, acting through the headquarters of the Service, solely for the purpose of meeting the extraordinary medical costs associated with the treatment of victims of disasters or catastrophic illnesses who are within the responsibility of the Service.

(c)No part of CHEF or its administration shall be subject to contract or grant under any law, including the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.),11 See References in Text note below. nor shall CHEF funds be allocated, apportioned, or delegated on an Area Office, Service Unit, or other similar basis.

(d)The Secretary shall promulgate regulations consistent with the provisions of this section to—

(1)establish a definition of disasters and catastrophic illnesses for which the cost of the treatment provided under contract would qualify for payment from CHEF;

(2)provide that a Service Unit shall not be eligible for reimbursement for the cost of treatment from CHEF until its cost of treating any victim of such catastrophic illness or disaster has reached a certain threshold cost which the Secretary shall establish at—

(A)the 2000 level of $19,000; and

(B)for any subsequent year, not less than the threshold cost of the previous year increased by the percentage increase in the medical care expenditure category of the consumer price index for all urban consumers (United States city average) for the 12-month period ending with December of the previous year;

(3)establish a procedure for the reimbursement of the portion of the costs that exceeds such threshold cost incurred by—

(A)Service Units; or

(B)whenever otherwise authorized by the Service, non-Service facilities or providers;

(4)establish a procedure for payment from CHEF in cases in which the exigencies of the medical circumstances warrant treatment prior to the authorization of such treatment by the Service; and

(5)establish a procedure that will ensure that no payment shall be made from CHEF to any provider of treatment to the extent that such provider is eligible to receive payment for the treatment from any other Federal, State, local, or private source of reimbursement for which the patient is eligible.

(e)Amounts appropriated to CHEF under this section shall not be used to offset or limit appropriations made to the Service under the authority of section 13 of this title, or any other law.

(f)There shall be deposited into CHEF all reimbursements to which the Service is entitled from any Federal, State, local, or private source (including third party insurance) by reason of treatment rendered to any victim of a disaster or catastrophic illness the cost of which was paid from CHEF.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), referred to in subsec. (c), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which was classified principally to subchapter II (§ 450 et seq.) of chapter 14 of this title prior to editorial reclassification as chapter 46 (§ 5301 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 5301 of this title and Tables. Codification Amendment by Pub. L. 111–148 is based on section 122 of title I of S. 1790, One Hundred Eleventh Congress, as reported by the Committee on Indian Affairs of the Senate in Dec. 2009, which was enacted into law by section 10221(a) of Pub. L. 111–148.

Amendments

2010—Pub. L. 111–148 amended section generally. Prior to amendment, section related to establishment of Indian Catastrophic Health Emergency Fund with provisions for its administration, promulgation of

Regulations

, procedures for payment, effect of appropriated funds on other appropriations, and deposit of reimbursements. 1992—Subsec. (a)(1)(B). Pub. L. 102–573, § 202(a)(1), substituted “to the Fund under this section” for “under subsection (e) of this section”. Subsec. (b)(2). Pub. L. 102–573, § 202(a)(2), substituted “shall establish at—” and subpars. (A) and (B) for “shall establish at not less than $10,000 or not more than $20,000;”. Subsec. (c). Pub. L. 102–573, § 202(a)(3), substituted “Amounts appropriated to the Fund under this section” for “Funds appropriated under subsection (e) of this section”. Subsec. (e). Pub. L. 102–573, § 217(b)(2), struck out subsec. (e) which authorized appropriations for fiscal years 1989 to 1992.

Statutory Notes and Related Subsidiaries

Effective Date

of 1992 Amendment Pub. L. 102–573, title II, § 202(b), Oct. 29, 1992, 106 Stat. 4546, provided that: “The amendment made by subsection (a)(2) [amending this section] shall take effect January 1, 1993.”

§1621a Catastrophic Health Emergency Fund