Public Law 119-102 (07/12/2026)

42 U.S.C. § 1320b–9

Improved access to, and delivery of, health care for Indians under subchapters XIX and XXI

Section text and notes

(a)

Agreements with States for Medicaid and CHIP outreach on or near reservations to increase the enrollment of Indians in those programs

(1)

In general

In order to improve the access of Indians residing on or near a reservation to obtain benefits under the Medicaid and State children’s health insurance programs established under subchapters XIX and XXI, the Secretary shall encourage the State to take steps to provide for enrollment on or near the reservation. Such steps may include outreach efforts such as the outstationing of eligibility workers, entering into agreements with the Indian Health Service, Indian Tribes, Tribal Organizations, and Urban Indian Organizations to provide outreach, education regarding eligibility and benefits, enrollment, and translation services when such services are appropriate.

(2)

Construction

Nothing in paragraph (1) shall be construed as affecting arrangements entered into between States and the Indian Health Service, Indian Tribes, Tribal Organizations, or Urban Indian Organizations for such Service, Tribes, or Organizations to conduct administrative activities under such subchapters.

(b)

Requirement to facilitate cooperation

The Secretary, acting through the Centers for Medicare & Medicaid Services, shall take such steps as are necessary to facilitate cooperation with, and agreements between, States and the Indian Health Service, Indian Tribes, Tribal Organizations, or Urban Indian Organizations with respect to the provision of health care items and services to Indians under the programs established under subchapter XIX or XXI.

(c)

Definition of Indian; Indian Tribe; Indian Health Program; Tribal Organization; Urban Indian Organization

section 1603 of title 25For purposes of this section, subchapter XIX, and subchapter XXI, the terms “Indian”, “Indian Tribe”, “Indian Health Program”, “Tribal Organization”, and “Urban Indian Organization” have the meanings given those terms in .

Aug. 14, 1935, ch. 531 Pub. L. 100–203, title IX, § 9136101 Stat. 1330–316 Pub. L. 100–647, title VIII, § 8201102 Stat. 3798 Pub. L. 101–45, title IV, § 409103 Stat. 130 Pub. L. 101–239, title VI, § 6221103 Stat. 2255 Pub. L. 101–508, title IV, § 4207(k)(6)104 Stat. 1388–125 Pub. L. 103–432, title I, § 160(d)(4)108 Stat. 4444 Pub. L. 111–3, title II, § 202(a)123 Stat. 39 Pub. L. 111–148, title II, § 2901(d)124 Stat. 333 (, title XI, § 1139, as added , , ; amended , , ; , , ; , , ; , formerly § 4027(k)(6), title V, § 5057, , , 1388–230; , title II, § 264(d), , , 4468; , , ; , , .)

Editorial Notes

Amendments

Pub. L. 111–1482010—Subsec. (c). substituted “For purposes of this section, subchapter XIX, and subchapter XXI” for “In this section”.

Pub. L. 111–32009— amended section generally. Prior to amendment, section related to the National Commission on Children.

Pub. L. 103–432, § 264(d)Pub. L. 101–508, § 50571994—Subsec. (d). , repealed . See 1990 Amendment note below.

Pub. L. 101–508, § 5057Pub. L. 103–432, § 264(d)1990—Subsec. (d). , which directed amendment of subsec. (d) by substituting “an interim report no later than , and a final report no later than ” for “an interim report no later than , and a final report no later than ”, and could not be executed, was repealed by . See Construction of 1990 Amendment note below.

Pub. L. 101–508, § 4207(k)(6)Pub. L. 103–432, § 160(d)(4), formerly § 4027(k)(6), as renumbered by , substituted “interim report no later than , and a final report no later than , setting forth” for “interim report no later than , and a final report no later than , setting forth”.

Pub. L. 101–239, § 6221(1)Pub. L. 100–6471989—Subsec. (d). , which directed the substitution of “” for “” and “” for “ [1989]”, could only be executed in part by substituting “” for “” in view of amendment by . See 1990 Amendment note above.

Pub. L. 101–239, § 6221(2)Subsec. (e)(1)(A), (4)(B). , substituted “” for “”.

Pub. L. 101–45Subsec. (f). amended subsec. (f) generally. Prior to amendment, subsec. (f) read as follows:

“(1) The Commission shall appoint an Executive Director of the Commission who shall be compensated at a rate fixed by the Commission, but which shall not exceed the rate established for level V of the Executive Schedule under title 5.

“(2) In addition to the Executive Director, the Commission may appoint and fix the compensation of such personnel as it deems advisable, in accordance with the provisions of title 5 governing appointments to the competitive service, and the provisions of chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates.”

Pub. L. 101–239, § 6221(3)Subsec. (j). , substituted “through fiscal year 1991, such sums” for “such sums”.

lPub. L. 101–239, § 6221(4)lSubsecs. (k), (). , added subsecs. (k) and ().

Pub. L. 100–647, § 8201(1)1988—Subsec. (d). , (2), substituted “” for “” and “” for “” in introductory provisions.

Pub. L. 100–647, § 8201(3)Subsec. (e)(1)(A), (4)(B). , (4), substituted “” for “”.

Pub. L. 100–647, § 8201(5)Subsec. (j). , inserted “for each of fiscal years 1989 and 1990” before period at end.

Statutory Notes and Related Subsidiaries

Effective Date of 2009 Amendment

Pub. L. 111–3section 3 of Pub. L. 111–3section 1396 of this titleAmendment by effective , and applicable to child health assistance and medical assistance provided on or after that date, with certain exceptions, see , set out as an Effective Date note under .

Effective Date of 1994 Amendment

Pub. L. 103–432, title II, § 264(h)108 Stat. 4469

Pub. L. 101–508“Each amendment made by this section [amending this section and sections 602, 1382a, and 1383 of this title] shall take effect as if included in the provision of OBRA–1990 [] to which the amendment relates at the time such provision became law.”
, , , provided that:

Construction of 1990 Amendment

Pub. L. 103–432, title II, § 264(d)108 Stat. 4468

Pub. L. 101–50842 U.S.C. 1320b–9(d)“Section 5057 of OBRA–1990 [, amending this section], and the amendment made by such section, are hereby repealed, and section 1139(d) of the Social Security Act [] shall be applied and administered as if such section 5057 had never been enacted.”
, , , provided that: