42 U.S.C. § 11705 : US Code - Section 11705: Native Hawaiian health care systems

Search 42 U.S.C. § 11705 : US Code - Section 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:
(A) outreach services to inform Native Hawaiians of the
availability of health 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;
(C) services of physicians, physicians' assistants, nurse
practitioners or other health professionals;
(D) immunizations;
(E) prevention and control of diabetes, high blood pressure,
and otitis media;
(F) pregnancy and infant care; and
(G) improvement of nutrition.
(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.
(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.
(3) The Secretary may waive the requirement established in
paragraph (1) if - 
(A) the Native Hawaiian health care system involved is a
nonprofit private entity described in subsection (b) of this
section; and
(B) the Secretary, in consultation with Papa Ola Lokahi,
determines that it is not feasible for the Native Hawaiian health
care system to comply with such requirement.
(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 - 
(1) for any purpose other than the purposes described in
subsection (c) of this section;
(2) to provide inpatient services;
(3) to make cash payments to intended recipients of health
services; or
(4) to purchase or improve real property (other than minor
remodeling of existing improvements to real property) or to
purchase major medical equipment.
(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 - 
(1) health services under the grant or contract will be
provided without regard to ability to pay for the health
services; and
(2) the entity will impose a charge for the delivery of health
services, and such charge - 
(A) will be made according to a schedule of charges that is
made available to the public, and
(B) will be adjusted to reflect the income of the individual
involved.
(h) Authorization of appropriations
(1) There are authorized to be appropriated such sums as may be
necessary for fiscal years 1993 through 2001 to carry out
subsection (a)(1) of this section.
(2) There are authorized to be appropriated such sums as may be
necessary to carry out subsection (a)(2) of this section.