U.S Code last checked for updates: May 02, 2024
§ 1680c.
Health services for ineligible persons
(a)
Children
Any individual who—
(1)
has not attained 19 years of age;
(2)
is the natural or adopted child, stepchild, foster child, legal ward, or orphan of an eligible Indian; and
(3)
is not otherwise eligible for health services provided by the Service,
shall be eligible for all health services provided by the Service on the same basis and subject to the same rules that apply to eligible Indians until such individual attains 19 years of age. The existing and potential health needs of all such individuals shall be taken into consideration by the Service in determining the need for, or the allocation of, the health resources of the Service. If such an individual has been determined to be legally incompetent prior to attaining 19 years of age, such individual shall remain eligible for such services until 1 year after the date of a determination of competency.
(b)
Spouses
(c)
Health facilities providing health services
(1)
In general
The Secretary is authorized to provide health services under this subsection through health facilities operated directly by the Service to individuals who reside within the Service unit and who are not otherwise eligible for such health services if—
(A)
the Indian tribes served by such Service unit requests such provision of health services to such individuals, and
(B)
the Secretary and the served Indian tribes have jointly determined that the provision of such health services will not result in a denial or diminution of health services to eligible Indians.
(2)
ISDEAA programs
(3)
Payment for services
(A)
In general
(B)
Indigent people
(4)
Revocation of consent for services
(A)
Single tribe service area
(B)
Multitribal service area
(d)
Other services
The Service may provide health services under this subsection to individuals who are not eligible for health services provided by the Service under any other provision of law in order to—
(1)
achieve stability in a medical emergency;
(2)
prevent the spread of a communicable disease or otherwise deal with a public health hazard;
(3)
provide care to non-Indian women pregnant with an eligible Indian’s child for the duration of the pregnancy through postpartum; or
(4)
provide care to immediate family members of an eligible individual if such care is directly related to the treatment of the eligible individual.
(e)
Hospital privileges for practitioners
(1)
In general
(2)
Definition
For purposes of this subsection, the term “non-Service health care practitioner” means a practitioner who is not—
(A)
an employee of the Service; or
(B)
an employee of an Indian tribe or tribal organization operating a contract or compact under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) 1 or an individual who provides health care services pursuant to a personal services contract with such Indian tribe or tribal organization.
(f)
Eligible Indian
(Pub. L. 94–437, title VIII, § 813, formerly title VII, § 713, as added Pub. L. 100–713, title VII, § 707(a), Nov. 23, 1988, 102 Stat. 4829; renumbered title VIII, § 813, and amended Pub. L. 102–573, title VII, § 701(a), (b), title IX, § 902(8), Oct. 29, 1992, 106 Stat. 4572, 4592; Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)
cite as: 25 USC 1680c