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U.S. Code as of:
01/19/04
Section 1396j. Indian health service facilities
(a) Eligibility for reimbursement for medical assistance
A facility of the Indian Health Service (including a hospital,
nursing facility, or any other type of facility which provides
services of a type otherwise covered under the State plan), whether
operated by such Service or by an Indian tribe or tribal
organization (as those terms are defined in section 1603 of title
25), shall be eligible for reimbursement for medical assistance
provided under a State plan if and for so long as it meets all of
the conditions and requirements which are applicable generally to
such facilities under this subchapter.
(b) Facilities deemed to meet requirements upon submission of
acceptable plan for achieving compliance
Notwithstanding subsection (a) of this section, a facility of the
Indian Health Service (including a hospital, nursing facility, or
any other type of facility which provides services of a type
otherwise covered under the State plan) which does not meet all of
the conditions and requirements of this title which are applicable
generally to such facility, but which submits to the Secretary
within six months after September 30, 1976, an acceptable plan for
achieving compliance with such conditions and requirements, shall
be deemed to meet such conditions and requirements (and to be
eligible for reimbursement under this subchapter), without regard
to the extent of its actual compliance with such conditions and
requirements, during the first twelve months after the month in
which such plan is submitted.
(c) Agreement to reimburse State agency for providing care and
services
The Secretary is authorized to enter into agreements with the
State agency for the purpose of reimbursing such agency for health
care and services provided in Indian Health Service facilities to
Indians who are eligible for medical assistance under the State
plan.
(d) Cross reference
For provisions relating to the authority of certain Indian
tribes, tribal organizations, and Alaska Native health
organizations to elect to directly bill for, and receive payment
for, health care services provided by a hospital or clinic of such
tribes or organizations and for which payment may be made under
this subchapter, see section 1645 of title 25.
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