42 U.S.C. § 11711 — Definitions
submitted 38 years ago by Pub. L. 100-579 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 1,154 words · no verdicts yet
A translation hasn’t been published for this section yet. The official text below is complete and authoritative.
For purposes of this chapter:
The term “disease prevention” includes—
immunizations,
control of high blood pressure,
control of sexually transmittable diseases,
prevention and control of diabetes,
control of toxic agents,
occupational safety and health,
accident prevention,
fluoridation of water,
control of infectious agents, and
provision of mental health care.
The term “health promotion” includes—
pregnancy and infant care, including prevention of fetal alcohol syndrome,
cessation of tobacco smoking,
reduction in the misuse of alcohol and drugs,
improvement of nutrition,
improvement in physical fitness,
family planning,
control of stress, and
educational programs with the mission of improving the health, capability, and well-being of Native Hawaiians.
The term “Native Hawaiian” means any individual who is—
a citizen of the United States, and
a descendant of the aboriginal people, who prior to 1778, occupied and exercised sovereignty in the area that now constitutes the State* of Hawaii, as evidenced by—
genealogical records,
Kupuna (elders) or Kama’aina (long-term community residents) verification, or
birth records of the State of Hawaii.
The term “Native Hawaiian health center” means an entity—
which is organized under the laws of the State of Hawaii,
which provides or arranges for health care services through practitioners licensed by the State of Hawaii, where licensure requirements are applicable,
which is a public or nonprofit private entity, and
in which Native Hawaiian health practitioners significantly participate in the planning, management, monitoring, and evaluation of health services.
The term “Native Hawaiian organization” means any organization—
which serves the interests of Native Hawaiians,
which is—
recognized by Papa Ola Lokahi for the purpose of planning, conducting, or administering programs (or portions of programs) authorized under this chapter for the benefit of Native Hawaiians, and
certified by Papa Ola Lokahi as having the qualifications and capacity to provide the services, and meet the requirements, under the contract the organization enters into with, or grant the organization receives from, the Secretary under this chapter,
in which Native Hawaiian health practitioners significantly participate in the planning, management, monitoring, and evaluation of health services, and
which is a public or nonprofit private entity.
The term “Native Hawaiian health care system” means an entity—
which is organized under the laws of the State of Hawaii,
which provides or arranges for health care services through practitioners licensed by the State of Hawaii, where licensure requirements are applicable,
which is a public or nonprofit private entity,
in which Native Hawaiian health practitioners significantly participate in the planning, management, monitoring, and evaluation of health care services,
which may be composed of as many Native Hawaiian health centers as necessary to meet the health care needs of each island’s Native Hawaiians, and
which is—
recognized by Papa Ola Lokahi for the purpose of planning, conducting, or administering programs, or portions of programs, authorized by this chapter for the benefit of Native Hawaiians, and
certified by Papa Ola Lokahi as having the qualifications and the capacity to provide the services and meet the requirements under the contract the Native Hawaiian health care system enters into with the Secretary or the grant the Native Hawaiian health care system receives from the Secretary pursuant to this chapter.
The term “Papa Ola Lokahi” means an organization composed of—
E Ola Mau;
the Office of Hawaiian Affairs of the State of Hawaii;
Alu Like Inc.;
the University of Hawaii;
the Office of Hawaiian Health of the Hawaii State Department of Health;
Ho’ola Lahui Hawaii, or a health care system serving the islands of Kaua’i and Ni’ihau, and which may be composed of as many health care centers as are necessary to meet the health care needs of the Native Hawaiians of those islands;
Ke Ola Mamo, or a health care system serving the island of O’ahu, and which may be composed of as many health care centers as are necessary to meet the health care needs of the Native Hawaiians of that island;
Na Pu’uwai or a health care system serving the islands of Moloka’i and Lana’i, and which may be composed of as many health care centers as are necessary to meet the health care needs of the Native Hawaiians of those islands;
Hui No Ke Ola Pono, or a health care system serving the island of Maui, and which may be composed of as many health care centers as are necessary to meet the health care needs of the Native Hawaiians of that island;
Hui Malama Ola Ha’Oiwi or a health care system serving the island of Hawaii, and which may be composed of as many health care centers as are necessary to meet the health care needs of the Native Hawaiians of that island; and
such other member organizations as the Board of Papa Ola Lokahi may admit from time to time, based upon satisfactory demonstration of a record of contribution to the health and well-being of Native Hawaiians, and upon satisfactory development of a mission statement in relation to this chapter, including clearly defined goals and objectives, a 5-year action plan outlining the contributions that each organization will make in carrying out the policy of this chapter, and an estimated budget.
Such term does not include any such organization identified in subparagraph (A) if the Secretary determines that such organization has not developed a mission statement with clearly defined goals and objectives for the contributions the organization will make to the Native Hawaiian health care systems, and an action plan for carrying out those goals and objectives.
The term “primary health services” means—
services of physicians, physicians’ assistants, nurse practitioners, and other health professionals;
diagnostic laboratory and radiologic services;
preventive health services (including children’s eye and ear examinations to determine the need for vision and hearing correction, perinatal services, well child services, and family planning services);
emergency medical services;
transportation services as required for adequate patient care;
preventive dental services; and
pharmaceutical services, as may be appropriate for particular health centers.
The term “Secretary” means the Secretary of Health and Human Services.
The term “traditional Native Hawaiian healer” means a practitioner—
who—
is of Hawaiian ancestry, and
has the knowledge, skills, and experience in direct personal health care of individuals, and
whose knowledge, skills, and experience are based on demonstrated learning of Native Hawaiian healing practices* acquired by—
direct practical association with Native Hawaiian elders, and
oral traditions transmitted from generation to generation.
Source credit: (Pub. L. 100–579, § 12, Oct. 31, 1988, 102 Stat. 2923; Pub. L. 100–690, title II, § 2312, Nov. 18, 1988, 102 Stat. 4230; Pub. L. 102–396, title IX, § 9168, Oct. 6, 1992, 106 Stat. 1948; Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)
- 1988Enacted · Pub. L. 100-579 · 102 Stat. 2923
- 1988Amended · Pub. L. 100-690 · 102 Stat. 4230
- 1992Amended · Pub. L. 102-396 · 106 Stat. 1948
- 2010Amended · Pub. L. 111-148 · 124 Stat. 935
A history note hasn’t been published yet. The record shows enactment by Pub. L. 100-579 on 1988-10-31.
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