US Code

Public Law 119-88 (05/04/2026)

42 U.S.C. § 238m

Use of fiscal agents

(a)

Contracting authority

The Secretary may enter into contracts with fiscal agents—
(1)
(A)
to determine the amounts payable to persons who, on behalf of the Indian Health Service, furnish health services to eligible Indians,
(B)
to determine the amounts payable to persons who, on behalf of the Public Health Service, furnish health services to individuals pursuant to section 247d or 249 of this title,
(2)
to receive, disburse, and account for funds in making payments described in paragraph (1),
(3)
to make such audits of records as may be necessary to assure that these payments are proper, and
(4)
to perform such additional functions as may be necessary to carry out the functions described in paragraphs (1) through (3).
(b)

Contracting prerequisites

(1)
section 6101 of title 41 Contracts under subsection (a) may be entered into without regard to or any other provision of law requiring competition.
(2)
No such contract shall be entered into with an entity unless the Secretary finds that the entity will perform its obligations under the contract efficiently and effectively and will meet such requirements as to financial responsibility, legal authority, and other matters as he finds pertinent.
(c)

Advances under contracts

A contract under subsection (a) may provide for advances of funds to enable entities to make payments under the contract.

(d)

Applicable statutory provisions

1

1 See References in Text note below.
section 1395u of this titleSubsections (d) and (e)  of shall apply to contracts with entities under subsection (a) in the same manner as they apply to contracts with carriers under that section.

(e)

“Fiscal agent” defined

1Public Law 93–63825 U.S.C. 5321In this section, the term “fiscal agent” means a carrier described in section 1395u(f)(1)  of this title and includes, with respect to contracts under subsection (a)(1)(A), an Indian tribe or tribal organization acting under contract with the Secretary under the Indian Self-Determination Act () [ et seq.].

July 1, 1944, ch. 373 Pub. L. 99–272, title XVII, § 17003100 Stat. 359 Pub. L. 99–660, title III, § 311(a)100 Stat. 3755 Pub. L. 100–607, title II, § 201(1)102 Stat. 3062 Pub. L. 100–690, title II, § 2620(a)102 Stat. 4244 Pub. L. 101–381, title I, § 101(1)104 Stat. 576 Pub. L. 103–43, title XX, § 2010(a)(1)107 Stat. 213 (, title II, § 244, formerly title XXI, § 2116, as added , , ; renumbered title XXIII, § 2316, , , ; renumbered title XXV, § 2514, , (3), , , 3063; renumbered title XXVI, § 2614, , , ; renumbered title XXVII, § 2714, , (2), , ; renumbered title II, § 244, –(3), , .)

Editorial Notes

References in Text

section 1395u of this titlePub. L. 108–173, title IX, § 911(c)(5)117 Stat. 2384 Subsections (d), (e), and (f) of , referred to in subsecs. (d) and (e), were repealed by , , .

Pub. L. 93–63888 Stat. 2206 section 5301 of Title 25The Indian Self-Determination Act, referred to in subsec. (e), is title I of , , , which is classified principally to subchapter I (§ 5321 et seq.) of chapter 46 of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Codification

section 6101 of title 4141 U.S.C. 5Pub. L. 111–350, § 6(c)124 Stat. 3854 In subsec. (b)(1), “” substituted for “section 3709 of the Revised Statutes ()” on authority of , , , which Act enacted Title 41, Public Contracts.

section 300aaa–13 of this titlePub. L. 103–43section 300cc–15 of this titlePub. L. 100–607section 300aa–15 of this titlePub. L. 99–660Section was classified to prior to renumbering by , to prior to renumbering by , and to prior to renumbering by .