The Secretary may enter into contracts with fiscal agents—
(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
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)Contracts under subsection (a) of this section may be entered into without regard to section
6101 of title
41 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) of this section may provide for advances of funds to enable entities to make payments under the contract.
(d) Applicable statutory provisions
Subsections (d) and (e)  ofsection
1395u of this title shall apply to contracts with entities under subsection (a) of this section in the same manner as they apply to contracts with carriers under that section.
(e) “Fiscal agent” defined
In 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) of this section, an Indian tribe or tribal organization acting under contract with the Secretary under the Indian Self-Determination Act (Public Law 93–638) [25 U.S.C. 450f et seq.].
Subsections (d), (e), and (f) ofsection
1395u of this title, referred to in subsecs. (d) and (e), were repealed by Pub. L. 108–173, title IX, § 911(c)(5),Dec. 8, 2003, 117 Stat. 2384.
The Indian Self-Determination Act, referred to in subsec. (e), is title I of Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2206, as amended, which is classified principally to part A (§ 450f et seq.) of subchapter
II of chapter
14 of Title
25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section
450 of Title
25 and Tables.
In subsec. (b)(1), “section
6101 of title
41” substituted for “section 3709 of the Revised Statutes (41 U.S.C. 5)” on authority of Pub. L. 111–350, § 6(c),Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
Description of Change
Statutes at Large
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