U.S Code last checked for updates: Apr 26, 2024
§ 1395qq.
Indian Health Service facilities
(a)
Eligibility for payments; conditions and requirements
(b)
Eligibility based on submission of plan to achieve compliance with conditions and requirements; twelve-month period
(c)
Payments into special fund for improvements to achieve compliance with conditions and requirements; certification of compliance by Secretary
(d)
Report by Secretary; status of facilities in complying with conditions and requirements
(e)
Services provided by Indian Health Service, Indian tribe, or tribal organization
(1)
(A)
Notwithstanding section 1395n(d) of this title, subject to subparagraph (B), the Secretary shall make payment under part B to a hospital or an ambulatory care clinic (whether provider-based or freestanding) that is operated by the Indian Health Service or by an Indian tribe or tribal organization (as defined for purposes of subsection (a)) for services described in paragraph (2) (and for items and services furnished on or after January 1, 2005, all items and services for which payment may be made under part B) furnished in or at the direction of the hospital or clinic under the same situations, terms, and conditions as would apply if the services were furnished in or at the direction of such a hospital or clinic that was not operated by such Service, tribe, or organization.
(B)
Payment shall not be made for services under subparagraph (A) to the extent that payment is otherwise made for such services under this subchapter.
(2)
The services described in this paragraph are the following:
(A)
Services for which payment is made under section 1395w–4 of this title.
(B)
Services furnished by a practitioner described in section 1395u(b)(18)(C) of this title for which payment under part B is made under a fee schedule.
(C)
Services furnished by a physical therapist or occupational therapist as described in section 1395x(p) of this title for which payment under part B is made under a fee schedule.
(3)
Subsection (c) shall not apply to payments made under this subsection.
(f)
Cross reference
(Aug. 14, 1935, ch. 531, title XVIII, § 1880, as added Pub. L. 94–437, title IV, § 401(b), Sept. 30, 1976, 90 Stat. 1408; amended Pub. L. 102–573, title VII, § 701(d), Oct. 29, 1992, 106 Stat. 4572; Pub. L. 106–417, § 3(b)(1), Nov. 1, 2000, 114 Stat. 1815; Pub. L. 106–554, § 1(a)(6) [title IV, § 432(a)], Dec. 21, 2000, 114 Stat. 2763, 2763A–525; Pub. L. 108–173, title VI, § 630, Dec. 8, 2003, 117 Stat. 2321; Pub. L. 111–148, title II, § 2902(a), title X, § 10221(a), (b)(4), Mar. 23, 2010, 124 Stat. 333, 935, 936.)
cite as: 42 USC 1395qq