42 U.S.C. § 238m — Use of fiscal agents

(a) Contracting authority: The Secretary may contract with fiscal agents to: determine the amounts payable to people who, for the Indian Health Service, provide health services to eligible Indians, and to people who, for the Public Health Service, provide health services under sections 247d or 249; receive, pay out, and account for the funds used to make those payments; audit records to make sure the payments are correct; and do whatever else is needed to carry out those tasks. (b) Contracting prerequisites: These contracts do not have to follow section 6101 of title 41 or other laws that normally require competitive bidding. The Secretary cannot sign such a contract unless satisfied the entity will perform its obligations efficiently and effectively, and meets requirements for financial responsibility, legal authority, and other relevant matters. (c) Advances under contracts: These contracts can include advances of funds so entities have money on hand to make the required payments. (d) Applicable statutory provisions: Certain existing rules from section 1395u of this title, governing Medicare carrier contracts, apply the same way to these fiscal-agent contracts. (e) "Fiscal agent" defined: A "fiscal agent" is a carrier as described in section 1395u(f)(1) of this title, and, for contracts covering Indian Health Service payments, also includes an Indian tribe or tribal organization contracting with the Secretary under the Indian Self-Determination Act.