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Title 25, IndiansRelease 119-110

§1621d Other Authority for Provision of Services

Title 25 › CHAPTER 18 — INDIAN HEALTH CARE › SUBCHAPTER II — HEALTH SERVICES › § 1621d

Last updated Sep 23, 2026|Official source

Summary

The Secretary, working with the Indian Health Service, tribes, and tribal groups, can pay for certain health and care programs to meet the goals in the law. Covered services include hospice care, assisted living, long-term care, and home- and community-based services. Assisted living services are care given by an assisted living facility that does not have to be licensed but must follow all licensing standards. Home- and community-based services mean one or more of the services listed in federal Medicaid rules, provided under the proper standards. Hospice care means the items and services listed in federal hospice law plus any extra services a tribe decides are needed. Long-term care services mean the kinds of services defined for qualified long-term care. People who can get these long-term care services include those who cannot do a required number of daily living tasks without help, people with mental impairments (like dementia) who can do tasks only with supervision, and others a tribal health program decides are appropriate. The Secretary can also fund convenient care programs under related rules.

Full Legal Text

Title 25, §1621d

Indians, Source: USLM XML via OLRC

(a)Definitions
In this section: (1) Assisted living service
(2)Home
and community-based service
The term “home- and community-based service” means 1 or more of the services specified in paragraphs (1) through (9) of section 1396t(a) of title 42 (whether provided by the Service or by an Indian tribe or tribal organization pursuant to the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.)) that are or will be provided in accordance with applicable standards.
(3)Hospice care
The term “hospice care” means—
(A)the items and services specified in subparagraphs (A) through (H) of section 1395x(dd)(1) of title 42; and
(B)such other services as an Indian tribe or tribal organization determines are necessary and appropriate to provide in furtherance of that care.
(4)Long-term care services
The term “long-term care services” has the meaning given the term “qualified long-term care services” in section 7702B(c) of title 26.
(b)Funding authorized
The Secretary, acting through the Service, Indian tribes, and tribal organizations, may provide funding under this chapter to meet the objectives set forth in section 1602 of this title through health care-related services and programs not otherwise described in this chapter for the following services:
(1)Hospice care.
(2)Assisted living services.
(3)Long-term care services.
(4)Home
and community-based services.
(c)Eligibility
The following individuals shall be eligible to receive long-term care services under this section: (1)
(2)Individuals with a mental impairment, such as dementia, Alzheimer’s disease, or another disabling mental illness, who may be able to perform activities of daily living under supervision.
(3)Such other individuals as an applicable tribal health program determines to be appropriate.
(d)Authorization of convenient care services
The Secretary, acting through the Service, Indian tribes, and tribal organizations, may also provide funding under this chapter to meet the objectives set forth in section 1602 of this title for convenient care services programs pursuant to section 1637(c)(2)(A) of this title.

Legislative History

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. (a)(2), 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. This chapter, referred to in subsecs. (b) and (d), 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. Codification Amendment by Pub. L. 111–148 is based on section 124(a)(1) 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.

Prior Provisions

A prior section 1621d, Pub. L. 94–437, title II, § 205, as added Pub. L. 100–713, title II, § 203(c), Nov. 23, 1988, 102 Stat. 4807, related to Native Hawaiian health promotion and disease prevention, prior to repeal by Pub. L. 100–579, § 14, formerly § 10, Oct. 31, 1988, 102 Stat. 2923; Pub. L. 100–690, title II, § 2310, Nov. 18, 1988, 102 Stat. 4229; renumbered § 14, Pub. L. 102–396, title IX, § 9168, Oct. 6, 1992, 106 Stat. 1948. See section 11701 et seq. of Title 42, The Public Health and Welfare.

Amendments

2010—Pub. L. 111–148 amended section generally. Prior to amendment, section related to hospice care feasibility study.

Reference

Citations & Metadata

Citation

25 U.S.C. § 1621d

Title 25, Indians

Last Updated

Sep 23, 2026

Release point: 119-110