42 U.S. Code § 11705 - Native Hawaiian health care systems
(a)
Comprehensive health promotion, disease prevention, and primary health services
(1)
(A)
The Secretary, in consultation with Papa Ola Lokahi, may make grants to, or enter into contracts with, any qualified entity for the purpose of providing comprehensive health promotion and disease prevention services as well as primary health services to Native Hawaiians.
(B)
In making grants and entering into contracts under this paragraph, the Secretary shall give preference to Native Hawaiian health care systems and Native Hawaiian organizations and, to the extent feasible, health promotion and disease prevention services shall be performed through Native Hawaiian health care systems.
(2)
In addition to paragraph (1), the Secretary may make a grant to, or enter into a contract with, Papa Ola Lokahi for the purpose of planning Native Hawaiian health care systems to serve the health needs of Native Hawaiian communities on each of the islands of O’ahu, Moloka’i, Maui, Hawai’i, Lana’i, Kaua’i, and Ni’ihau in the State of Hawaii.
(b)
Qualified entity
An entity is a qualified entity for purposes of subsection (a)(1) of this section if the entity is a Native Hawaiian health care system.
(c)
Services to be provided
(1)
Each recipient of funds under subsection (a)(1) of this section shall provide the following services:
(B)
education in health promotion and disease prevention of the Native Hawaiian population by, wherever possible, Native Hawaiian health care practitioners, community outreach workers, counselors, and cultural educators;
(2)
In addition to the mandatory services under paragraph (1), the following services may be provided pursuant to subsection (a)(1) of this section:
(A)
identification, treatment, control, and reduction of the incidence of preventable illnesses and conditions endemic to Native Hawaiians;
(B)
collection of data related to the prevention of diseases and illnesses among Native Hawaiians; and
(C)
services within the meaning of the terms “health promotion”, “disease prevention”, and “primary health services”, as such terms are defined in section
11711 of this title, which are not specifically referred to in paragraph (1) of this subsection.
(3)
The health care services referred to in paragraphs (1) and (2) which are provided under grants or contracts under subsection (a)(1) of this section may be provided by traditional Native Hawaiian healers.
(4)
Health and education.—
In order to enable privately funded organizations to continue to supplement public efforts to provide educational programs designed to improve the health, capability, and well-being of Native Hawaiians and to continue to provide health services to Native Hawaiians, notwithstanding any other provision of Federal or State law, it shall be lawful for the private educational organization identified in section
7512
(16) of title
20 to continue to offer its educational programs and services to Native Hawaiians (as defined in section
7517 of title
20) first and to others only after the need for such programs and services by Native Hawaiians has been met.
(d)
Limitation of number of entities
During a fiscal year, the Secretary under this chapter may make a grant to, or hold a contract with, not more than 5 Native Hawaiian health care systems.
(e)
Matching funds
(1)
The Secretary may not make a grant or provide funds pursuant to a contract under subsection (a)(1) of this section to a Native Hawaiian health care system—
(A)
in an amount exceeding 83.3 percent of the costs of providing health services under the grant or contract; and
(B)
unless the Native Hawaiian health care system agrees that the Native Hawaiian health care system or the State of Hawaii will make available, directly or through donations to the Native Hawaiian health care system, non-Federal contributions toward such costs in an amount equal to not less than $1 (in cash or in kind under paragraph (2)) for each $5 of Federal funds provided in such grant or contract.
(2)
Non-Federal contributions required in paragraph (1) may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government or services assisted or subsidized to any significant extent by the Federal Government may not be included in determining the amount of such non-Federal contributions.
(f)
Restriction on use of grant and contract funds
The Secretary may not make a grant to, or enter into a contract with, any entity under subsection (a)(1) of this section unless the entity agrees that, amounts received pursuant to such subsection will not, directly or through contract, be expended—
(g)
Limitation on charges for services
The Secretary may not make a grant, or enter into a contract with, any entity under subsection (a)(1) of this section unless the entity agrees that, whether health services are provided directly or through contract—
Source
(Pub. L. 100–579, § 6,Oct. 31, 1988, 102 Stat. 2919; Pub. L. 100–690, title II, § 2306,Nov. 18, 1988, 102 Stat. 4226; Pub. L. 102–396, title IX, § 9168,Oct. 6, 1992, 106 Stat. 1948; Pub. L. 111–148, title X, § 10221(a),Mar. 23, 2010, 124 Stat. 935.)
Codification
Amendments by Pub. L. 111–148are based on section 202(a), (b)(1), of title II 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 section 10221(a) ofPub. L. 111–148.
The 1992 amendment is based on section 1 of S. 2681, One Hundred Second Congress, as passed by the Senate on Aug. 7, 1992, and enacted into law by section 9168 ofPub. L. 102–396. Section
9168, which referred to S. 2681, as passed by the Senate on “September 12, 1992”, has been treated as referring to S. 2681, as passed by the Senate on Aug. 7, 1992, to reflect the probable intent of Congress.
Pub. L. 100–579and Pub. L. 100–690enacted identical sections. The text of this section is based on section 1 ofPub. L. 100–579, as subsequently amended.
Amendments
2010—Subsec. (c)(4). Pub. L. 111–148, which directed the amendment of section 6(c) of the Native Hawaiian Health Care Act of 1988 by adding par. (4), was executed by making the amendment to this section, which is section 6 of the Native Hawaiian Health Care Improvement Act, to reflect the probable intent of Congress.
Subsec. (h)(1). Pub. L. 111–148, which directed the amendment of section 6(h)(1) of the Native Hawaiian Health Care Act of 1988 by substituting “2019” for “2001”, was executed by making the amendment to this section, which is section 6 of the Native Hawaiian Health Care Improvement Act, to reflect the probable intent of Congress.
1992—Pub. L. 102–396amended section generally. Prior to amendment, section related to administration of grants and contracts.
Effective Date of 2010 Amendment
Section 202(b)(2) of title II 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 Pub. L. 111–148, title X, § 10221(a),Mar. 23, 2010, 124 Stat. 935, provided that: “The amendment made by paragraph (1) [amending this section] takes effect on December 5, 2006.”
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