Public Law 119-73 (01/23/2026)

25 U.S.C. § 1621d

Other authority for provision of services

(a)

Definitions

In this section:
(1)

Assisted living service

section 1715w(b) of title 12The term “assisted living service” means any service provided by an assisted living facility (as defined in ), except that such an assisted living facility—
(A)
shall not be required to obtain a license; but
(B)
shall meet all applicable standards for licensure.
(2)

Home- and community-based service

section 1396t(a) of title 4225 U.S.C. 4501

1 See References in Text note below.
The term “home- and community-based service” means 1 or more of the services specified in paragraphs (1) through (9) of (whether provided by the Service or by an Indian tribe or tribal organization pursuant to the Indian Self-Determination and Education Assistance Act ( et seq.))  that are or will be provided in accordance with applicable standards.

(3)

Hospice care

The term “hospice care” means—
(A)
section 1395x(dd)(1) of title 42 the items and services specified in subparagraphs (A) through (H) of ; and
(B)
such other services as an Indian tribe or tribal organization determines are necessary and appropriate to provide in furtherance of that care.
(4)

Long-term care services

section 7702B(c) of title 26The term “long-term care services” has the meaning given the term “qualified long-term care services” in .

(b)

Funding authorized

section 1602 of this titleThe Secretary, acting through the Service, Indian tribes, and tribal organizations, may provide funding under this chapter to meet the objectives set forth in through health care-related services and programs not otherwise described in this chapter for the following services:
(1)
Hospice care.
(2)
Assisted living services.
(3)
Long-term care services.
(4)
Home- and community-based services.
(c)

Eligibility

The following individuals shall be eligible to receive long-term care services under this section:
(1)
Individuals who are unable to perform a certain number of activities of daily living without assistance.
(2)
Individuals with a mental impairment, such as dementia, Alzheimer’s disease, or another disabling mental illness, who may be able to perform activities of daily living under supervision.
(3)
Such other individuals as an applicable tribal health program determines to be appropriate.
(d)

Authorization of convenient care services

section 1602 of this titlesection 1637(c)(2)(A) of this titleThe Secretary, acting through the Service, Indian tribes, and tribal organizations, may also provide funding under this chapter to meet the objectives set forth in for convenient care services programs pursuant to .

Pub. L. 94–437, title II, § 205Pub. L. 102–573, title II, § 206(a)106 Stat. 4548Pub. L. 111–148, title X, § 10221(a)124 Stat. 935(, as added , , ; amended , , .)

Editorial Notes

References in Text

25 U.S.C. 450Pub. L. 93–63888 Stat. 2203section 5301 of this titleThe Indian Self-Determination and Education Assistance Act ( et seq.), referred to in subsec. (a)(2), is , , , which was classified principally to subchapter II (§ 450 et seq.) of chapter 14 of this title prior to editorial reclassification as chapter 46 (§ 5301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 94–43790 Stat. 1400section 1601 of this titleThis chapter, referred to in subsecs. (b) and (d), was in the original “this Act”, meaning , , , known as the Indian Health Care Improvement Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Codification

Pub. L. 111–148section 10221(a) of Pub. L. 111–148Amendment by is based on section 124(a)(1) 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 enacted into law by .

Prior Provisions

Pub. L. 94–437, title II, § 205Pub. L. 100–713, title II, § 203(c)102 Stat. 4807Pub. L. 100–579, § 14102 Stat. 2923Pub. L. 100–690, title II, § 2310102 Stat. 4229Pub. L. 102–396, title IX, § 9168106 Stat. 1948A prior section 1621d, , as added , , , related to Native Hawaiian health promotion and disease prevention, prior to repeal by , formerly § 10, , ; , , ; renumbered § 14, , , . See section 11701 et seq. of Title 42, The Public Health and Welfare.

Amendments

Pub. L. 111–1482010— amended section generally. Prior to amendment, section related to hospice care feasibility study.