$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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5301&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2651&num=0&edition=prelim) 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.
File SHA-256: 6881e71b235bf2589b2d8b54cc406dcaf8dac7943bce575c64e2512539729260. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. This page displays the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
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Stable record: federal_law:legal_authorities:record_usc_a9e0b9b6cdb1b5d2145b4013 Source file: Laws/federal/codes/united-states-code/title-25/section-1601-indian-catastrophic-health-emergency-fund--1babf8ccb2.md Pages: Not recorded – Not recorded Passage SHA-256: 72135873dc76f26e644f65989a735f78be319add7b68e4b0ae523d246acc44ac Retained source evidence SHA-256: 6881e71b235bf2589b2d8b54cc406dcaf8dac7943bce575c64e2512539729260
Source location: Title 25, Chapter 18, § 1601; chapter-018-indian-health-care.md
Stored source content
$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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5301&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2651&num=0&edition=prelim) 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.
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Federal law — U.S. Code and appendices · legal_authorities
§ 1601. Congressional findings
The Congress finds the following:
(1) Federal health services to maintain and
improve the health of the Indians are con-
sonant with and required by the Federal Gov-
ernment’s historical and unique legal relation-
ship with, and resulting responsibility to, the
American Indian people.
(2) A major national goal of the United
States is to provide the resources, processes,
and structure that will enable Indian tribes
and tribal members to obtain the quantity and
quality of health care services and opportuni-
ties that will eradicate the health disparities
between Indians and the general population of
the United States.
(3) A major national goal of the United
States is to provide the quantity and quality
of health services which will permit the health
status of Indians to be raised to the highest
possible level and to encourage the maximum
participation of Indians in the planning and
management of those services.
(4) Federal health services to Indians have
resulted in a reduction in the prevalence and
incidence of preventable illnesses among, and
unnecessary and premature deaths of, Indians.
(5) Despite such services, the unmet health
needs of the American Indian people are severe
Page 241
TITLE 25—INDIANS
§ 1601
and the health status of the Indians is far
below that of the general population of the
United States.
(Pub. L. 94–437, § 2, Sept. 30, 1976, 90 Stat. 1400;
Pub. L. 102–573, § 3(a), Oct. 29, 1992, 106 Stat. 4526;
Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010,
124 Stat. 935.)
Editorial Notes
CODIFICATION
Amendment by Pub. L. 111–148 is based on section 102
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
**(a) Mandatory application** All provisions of sections 5305(b), 5306, 5307, 5321(c) and (d), 5323, 5324(k) and (l), 5325(a) through (k), and 5332 of this title and section 314 of Public Law 101–512 (coverage under chapter 171 of title 28, commonly known as the “Federal Tort Claims Act”), to the extent not in conflict with this subchapter, shall apply to compacts and funding agreements authorized by this subchapter.
**(b) Discretionary application** At the request of a participating Indian tribe, any other provision of subchapter I of this chapter, to the extent such provision is not in conflict with this subchapter, shall be made a part of a funding agreement or compact entered into under this subchapter. The Secretary is obligated to include such provision at the option of the participating Indian tribe or tribes. If such provision is incorporated it shall have the same force and effect as if it were set out in full in this subchapter. In the event an Indian tribe requests such incorporation at the negotiation stage of a compact or funding agreement, such incorporation shall be deemed effective immediately and shall control the negotiation and resulting compact and funding agreement.
Stored review status: release_metadata_unconfirmed. The source passage cites 25 U.S.C. § 5301. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 5301. Congressional statement of findings
(a) Findings respecting historical and special
legal relationship, and resultant responsibil-
ities
The Congress, after careful review of the Fed-
eral Government’s historical and special legal
relationship with, and resulting responsibilities
to, American Indian people, finds that—
(1) the prolonged Federal domination of In-
dian service programs has served to retard
rather than enhance the progress of Indian
people and their communities by depriving In-
dians of the full opportunity to develop leader-
ship skills crucial to the realization of self-
government, and has denied to the Indian peo-
ple an effective voice in the planning and im-
plementation of programs for the benefit of In-
dians which are responsive to the true needs of
Indian communities; and
(2) the Indian people will never surrender
their desire to control their relationships both
among themselves and with non-Indian gov-
ernments, organizations, and persons.
(b) Further findings
The Congress further finds that—
(1) true self-determination in any society of
people is dependent upon an educational proc-
ess which will insure the development of quali-
fied people to fulfill meaningful leadership
roles;
(2) the Federal responsibility for and assist-
ance to education of Indian children has not
Page 710
TITLE 25—INDIANS
§ 5301
effected the desired level of educational
achievement or created the diverse opportuni-
ties and personal satisfaction which education
can and should provide; and
(3) parental and community control of the
educational process is of crucial importance to
the Indian people.
(Pub. L. 93–638, § 2, Jan. 4, 1975, 88 Stat. 2203.)
Editorial Notes
CODIFICATION
Section was formerly classified to section 450 of this
title p
Stored review status: historical_2024_not_currentness_verified. The source passage cites 25 U.S.C. § 5301. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Conditions; exceptions; persons liable; amount of recovery; subrogation; assignment** In any case in which the United States is authorized or required by law to furnish or pay for hospital, medical, surgical, or dental care and treatment (including prostheses and medical appliances) to a person who is injured or suffers a disease, after the effective date of this Act, under circumstances creating a tort liability upon some third person (other than or in addition to the United States and except employers of seamen treated under the provisions of [section 249 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section249&num=0&edition=prelim)) to pay damages therefor, the United States shall have a right to recover (independent of the rights of the injured or diseased person) from said third person, or that person’s insurer, the reasonable value of the care and treatment so furnished, to be furnished, paid for, or to be paid for and shall, as to this right be subrogated to any right or claim that the injured or diseased person, his guardian, personal representative, estate, dependents, or survivors has against such third person to the extent of the reasonable value of the care and treatment so furnished, to be furnished, paid for, or to be paid for. The head of the department or agency of the United States furnishing such care or treatment may also require the injured or diseased person, his guardian, personal representative, estate, dependents, or survivors, as appropriate, to assign his claim or cause of action against the third person to the extent of that right or claim.
**(b) Recovery of cost of pay for member of uniformed services unable to perform duties** If a member of the uniformed services is injured, or contracts a diseas
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 2651. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 2651. Recovery by United States
(a)
Conditions;
exceptions;
persons
liable;
amount of recovery; subrogation; assignment
In any case in which the United States is au-
thorized or required by law to furnish or pay for
hospital, medical, surgical, or dental care and
treatment (including prostheses and medical ap-
pliances) to a person who is injured or suffers a
disease, after the effective date of this Act,
under circumstances creating a tort liability
upon some third person (other than or in addi-
tion to the United States and except employers
of seamen treated under the provisions of sec-
tion 249 of this title) to pay damages therefor,
the United States shall have a right to recover
Page 5614
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 2651
(independent of the rights of the injured or dis-
eased person) from said third person, or that
person’s insurer, the reasonable value of the
care and treatment so furnished, to be furnished,
paid for, or to be paid for and shall, as to this
right be subrogated to any right or claim that
the injured or diseased person, his guardian, per-
sonal representative, estate, dependents, or sur-
vivors has against such third person to the ex-
tent of the reasonable value of the care and
treatment so furnished, to be furnished, paid for,
or to be paid for. The head of the department or
agency of the United States furnishing such care
or treatment may also require the injured or
diseased person, his guardian, personal rep-
resentative, estate, dependents, or survivors, as
appropriate, to assign his claim or cause of ac-
tion against the third person to the extent of
that right or claim.
(b) Recovery of cost of pay for member of uni-
formed services unable to perform duties
If a member of the uniformed services is
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 2651. This identifies an authority to review, not proof of applicability.