§1621d — Title 25 Indians | U.S. Code

Summary

Allows the Secretary, working with the Indian Health Service, Indian tribes, and tribal organizations, to pay for certain health services to meet the goals in section 1602. Those services include hospice care, assisted living, long-term care, and home- and community-based services. Key terms: assisted living service means any service from an assisted living facility (the facility does not have to be licensed but must meet licensure standards); home- and community-based service means one or more of the services listed in paragraphs (1)–(9) of section 1396t(a) of title 42 and given under applicable standards; hospice care means the items and services listed in 1395x(dd)(1)(A)–(H) plus any other services a tribe finds necessary; long-term care services means the “qualified long-term care services” in section 7702B(c) of title 26. People who can get these long-term care services include those who need help with daily activities, people with mental impairments like dementia who can do activities only with supervision, and others a tribal health program decides are appropriate. The Secretary can also fund convenient care programs under section 1637(c)(2)(A).

Title 25, §1621d

Indians — Source: USLM XML via OLRC

(a)In this section:

(1)The term “assisted living service” means any service provided by an assisted living facility (as defined in section 1715w(b) of title 12), except that such an assisted living facility—

(A)shall not be required to obtain a license; but

(B)shall meet all applicable standards for licensure.

(2)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.)) 11 See References in Text note below. that are or will be provided in accordance with applicable standards.

(3)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)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)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)The following individuals shall be eligible to receive long-term care services under this section:

(1)Individuals who are unable to perform a certain number of activities of daily living without assistance.

(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)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.

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.

§1621d Other Authority for Provision of Services

Summary

Title 25, §1621d

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Short Title

Prior Provisions

Amendments

Citations & Metadata