Title 25, IndiansRelease 119-102
§1638c Contracts for Personal Services in Indian Health Service Facilities
Title 25 › CHAPTER 18 — INDIAN HEALTH CARE › SUBCHAPTER III — HEALTH FACILITIES › § 1638c
Summary
Since fiscal year 1995, the Secretary can contract providers for IHS facilities, may waive competitive bidding after local notice, pick only by qualifications and price, and those providers are covered by the Federal Tort Claims Act.
Full Legal Text
Title 25, §1638c
Indians, Source: USLM XML via OLRC
In fiscal year 1995 and thereafter (a) the Secretary may enter into personal services contracts with entities, either individuals or organizations, for the provision of services in facilities owned, operated or constructed under the jurisdiction of the Indian Health Service; (b) the Secretary may exempt such a contract from competitive contracting requirements upon adequate notice of contracting opportunities to individuals and organizations residing in the geographic vicinity of the health facility; (c) consideration of individuals and organizations shall be based solely on the qualifications established for the contract and the proposed contract price; and (d) individuals providing health care services pursuant to these contracts are covered by the Federal Tort Claims Act.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
The Federal Tort Claims Act, referred to in text, is title IV of act Aug. 2, 1946, ch. 753, 60 Stat. 842, which was classified principally to chapter 20 (§§ 921, 922, 931–934, 941–946) of former Title 28, Judicial Code and Judiciary. Title IV of act Aug. 2, 1946, was substantially repealed and reenacted as section 1346(b) and 2671 et seq. of Title 28, Judiciary and Judicial Procedure, by act June 25, 1948, ch. 646, 62 Stat. 992, the first section of which enacted Title 28. The Federal Tort Claims Act is also commonly used to refer to chapter 171 of Title 28, Judiciary and Judicial Procedure. For complete classification of title IV to the Code, see Tables. For distribution of former sections of Title 28 into the revised Title 28, see Table at the beginning of Title 28. Codification Section was enacted as part of the Department of the Interior and Related Agencies Appropriations Act, 1995, and not as part of the Indian Health Care Improvement Act which comprises this chapter.
Reference
Citations & Metadata
Citation
25 U.S.C. § 1638c
Title 25, Indians
Last Updated
Aug 21, 2026
Release point: 119-102