25 U.S.C. § 1683 — Indian Catastrophic Health Emergency Fund
submitted 40 years ago by Pub. L. 99-500 to r/title-25-INDIANS · 242 words · no verdicts yet
This section creates an Indian Catastrophic Health Emergency Fund with $10 million available until spent. It pays the Indian Health Service share of catastrophic-illness costs but cannot pay costs covered by accessible alternative resources.
$10,000,000 remains available until spent to establish the “Indian Catastrophic Health Emergency Fund,” or “Fund.” Beginning October 18, 1986, the Fund covers the Indian Health Service* share of medical expenses for catastrophic illness within the Service’s responsibility. The Secretary* of Health and Human Services administers it through the Indian Health Service central office. The Fund and its administration may not be made subject to a contract or grant under the Indian Self-Determination and Education Assistance Act. All amounts recovered under the Federal Medical Care Recovery Act must be deposited into the Fund and are available for obligation when received until spent. The Fund may not pay for services for eligible Indians to the extent that alternative Federal, State, local, or private insurance resources are available and accessible to the beneficiary; would be available and accessible if the beneficiary applied; or would be available and accessible to similarly situated citizens under Federal, State, or local law or regulation or a private insurance program, regardless of Indian Health Service eligibility or residence on or off a Federal Indian reservation*.
$10,000,000 shall remain available until expended, for the establishment of an Indian Catastrophic Health Emergency Fund (hereinafter referred to as the “Fund”). On and after October 18, 1986, the Fund is to cover the Indian Health Service* portion of the medical expenses of catastrophic illness falling within the responsibility of the Service and shall be administered by the Secretary* of Health and Human Services, acting through the central office of the Indian Health Service. No part of the Fund or its administration shall be subject to contract or grant under the Indian Self-Determination and Education Assistance Act (Public Law 93–638) [25 U.S.C. 5301 et seq.]. There shall be deposited into the Fund all amounts recovered under the authority of the Federal Medical Care Recovery Act (42 U.S.C. 2651 et seq.), which shall become available for obligation upon receipt and which shall remain available for obligation until expended. The Fund shall not be used to pay for health services provided to eligible Indians to the extent that alternate Federal, State, local, or private insurance resources for payment: (1) are available and accessible to the beneficiary; or (2) would be available and accessible if the beneficiary were to apply for them; or (3) would be available and accessible to other citizens similarly situated under Federal, State, or local law or regulation or private insurance program notwithstanding Indian Health Service eligibility or residency on or off a Federal Indian reservation*.
Source credit: (Pub. L. 99–500, § 101(h) [title II], Oct. 18, 1986, 100 Stat. 1783–242, 1783–276, and Pub. L. 99–591, § 101(h) [title II], Oct. 30, 1986, 100 Stat. 3341–242, 3341–276.)
- 1986Enacted · Pub. L. 99-500 · 100 Stat. 1783
A history note hasn’t been published yet. The record shows enactment by Pub. L. 99-500 on 1986-10-18.
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