§1621f — Title 25 Indians | U.S. Code

Summary

Except as stated in sections 1621a(a)(2) and 1680c, any money paid back or recovered for health care must go to the same provider that gave the care — the Service, an Indian tribe or tribal organization, or an urban Indian organization — and can be used under section 1641. This covers payments from programs like Titles XVIII, XIX, and XXI, this chapter (including 1680c), Public Law 87–693, and other laws. The Service cannot cut or reduce funds already promised to a Service Unit or to an entity that gets Service funding just because that unit or entity received these reimbursements.

Title 25, §1621f

Indians — Source: USLM XML via OLRC

(a)(1)Except as provided in section 1621a(a)(2) and 1680c of this title, all reimbursements received or recovered under any of the programs described in paragraph (2), including under section 1680c of this title, by reason of the provision of health services by the Service, by an Indian tribe or tribal organization, or by an urban Indian organization, shall be credited to the Service, such Indian tribe or tribal organization, or such urban Indian organization, respectively, and may be used as provided in section 1641 of this title. In the case of such a service provided by or through a Service Unit, such amounts shall be credited to such unit and used for such purposes.

(2)The programs referred to in paragraph (1) are the following:

(A)Titles XVIII, XIX, and XXI of the Social Security Act [42 U.S.C. 1395 et seq., 1396 et seq., 1397aa et seq.].

(B)This chapter, including section 1680c of this title.

(C)Public Law 87–693 [42 U.S.C. 2651 et seq.].

(D)Any other provision of law.

(b)The Service may not offset or limit any amount obligated to any Service Unit or entity receiving funding from the Service because of the receipt of reimbursements under subsection (a).

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Social Security Act, referred to in subsec. (a)(2)(A), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Titles XVIII, XIX, and XXI of the Act are classified generally to subchapters XVIII (§ 1395 et seq.), XIX (§ 1396 et seq.), and XXI (§ 1397aa et seq.), respectively, 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. This chapter, referred to in subsec. (a)(2)(B), was in the original “this Act”, meaning Pub. L. 94–437, Sept. 30, 1976, 90 Stat. 1400, known as the Indian Health Care Improvement Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 1601 of this title and Tables. Public Law 87–693, referred to in subsec. (a)(2)(C), is Pub. L. 87–693, Sept. 25, 1962, 76 Stat. 593, popularly known as the Federal Medical Care Recovery Act, which is classified generally to chapter 32 (§ 2651 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Tables. Codification Amendment by Pub. L. 111–148 is based on section 126 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 crediting of reimbursements. 1992—Subsec. (a). Pub. L. 102–573 made technical amendment to reference to section 1680c of this title to reflect renumbering of corresponding section of original act.

§1621f Crediting of reimbursements