25 U.S.C. § 1680l | Shared services for long-term care

(a)

Long-term care

(1)

In general

1 See References in Text note below.

Notwithstanding any other provision of law, the Secretary, acting through the Service, is authorized to provide directly, or enter into contracts or compacts under the Indian Self-Determination and Education Assistance Act ( et seq.)  with Indian tribes or tribal organizations for, the delivery of long-term care (including health care services associated with long-term care) provided in a facility to Indians.

(2)

Inclusions

25 U.S.C. 450¹Each agreement under paragraph (1) shall provide for the sharing of staff or other services between the Service or a tribal health program and a long-term care or related facility owned and operated (directly or through a contract or compact under the Indian Self-Determination and Education Assistance Act ( et seq.))  by the Indian tribe or tribal organization.

(b)

Contents of agreements

An agreement entered into pursuant to subsection (a)—

(1)

may, at the request of the Indian tribe or tribal organization, delegate to the Indian tribe or tribal organization such powers of supervision and control over Service employees as the Secretary determines to be necessary to carry out the purposes of this section;

(2)

shall provide that expenses (including salaries) relating to services that are shared between the Service and the tribal health program be allocated proportionately between the Service and the Indian tribe or tribal organization; and

(3)

may authorize the Indian tribe or tribal organization to construct, renovate, or expand a long-term care or other similar facility (including the construction of a facility attached to a Service facility).

(c)

Minimum requirement

section 1396r of title 42Any nursing facility provided for under this section shall meet the requirements for nursing facilities under .

(d)

Other assistance

The Secretary shall provide such technical and other assistance as may be necessary to enable applicants to comply with this section.

(e)

Use of existing or underused facilities

The Secretary shall encourage the use of existing facilities that are underused, or allow the use of swing beds, for long-term or similar care.

Pub. L. 94–437, title VIII, § 822 Pub. L. 102–573, title VIII, § 810Oct. 29, 1992106 Stat. 4588 Pub. L. 111–148, title X, § 10221(a)Mar. 23, 2010124 Stat. 935(, as added , , ; amended , , .)

Editorial Notes

References in Text

25 U.S.C. 450 Pub. L. 93–638Jan. 4, 197588 Stat. 2203 section 5301 of this titleThe Indian Self-Determination and Education Assistance Act ( et seq.), referred to in subsec. (a), 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.

Codification

Pub. L. 111–148 section 10221(a) of Pub. L. 111–148Amendment by is based on section 124(b) 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 .

Amendments

Pub. L. 111–1482010— amended section generally. Prior to amendment, section related to shared services demonstration project.