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LegalText 25 U.S.C. § 1621d Other authority for provision of services us united_states_code code_section 25 INDIANS 18 INDIAN HEALTH CARE 1621d 25 U.S.C. § 1621d current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc25@119-100.zip /us/usc/t25/s1621d data/legal/raw/us/code/title-25/usc25.xml 2d7c75f3ec42ab100a5c94ec9fa7d430aa731b1df16e3d379130b34963b5978a d4661d83bff6862be548ac8e843ba61e942ed983aade7cf83cb7dbc3dcd08168 8c9e109160d2a58951085ceeabe1dac78dc6503873696bd04fddf9a6bde4839b 2026-07-04 official
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25 U.S.C. § 1621d - Other authority for provision of services

Text

(a) Definitions In this section:

(1) Assisted living service The term “assisted living service” means any service provided by an assisted living facility (as defined in section 1715w(b) of title 12), except that such an assisted living facility—

(A) shall not be required to obtain a license; but

(B) shall meet all applicable standards for licensure.

(2) Home- and community-based service The term “home- and community-based service” means 1 or more of the services specified in paragraphs (1) through (9) of section 1396t(a) of title 42 (whether provided by the Service or by an Indian tribe or tribal organization pursuant to the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.)) 11 See References in Text note below. that are or will be provided in accordance with applicable standards.

(3) Hospice care The term “hospice care” means—

(A) the items and services specified in subparagraphs (A) through (H) of section 1395x(dd)(1) of title 42; and

(B) such other services as an Indian tribe or tribal organization determines are necessary and appropriate to provide in furtherance of that care.

(4) Long-term care services The term “long-term care services” has the meaning given the term “qualified long-term care services” in section 7702B(c) of title 26.

(b) Funding authorized The Secretary, acting through the Service, Indian tribes, and tribal organizations, may provide funding under this chapter to meet the objectives set forth in section 1602 of this title through health care-related services and programs not otherwise described in this chapter for the following services:

(1) Hospice care.

(2) Assisted living services.

(3) Long-term care services.

(4) Home- and community-based services.

(c) Eligibility The following individuals shall be eligible to receive long-term care services under this section:

(1) Individuals who are unable to perform a certain number of activities of daily living without assistance.

(2) Individuals with a mental impairment, such as dementia, Alzheimers disease, or another disabling mental illness, who may be able to perform activities of daily living under supervision.

(3) Such other individuals as an applicable tribal health program determines to be appropriate.

(d) Authorization of convenient care services The Secretary, acting through the Service, Indian tribes, and tribal organizations, may also provide funding under this chapter to meet the objectives set forth in section 1602 of this title for convenient care services programs pursuant to section 1637(c)(2)(A) of this title.

(Pub. L. 94437, title II, § 205, as added Pub. L. 102573, title II, § 206(a), Oct. 29, 1992, 106 Stat. 4548; amended Pub. L. 111148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)

Notes

Editorial Notes

References in TextThe Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), referred to in subsec. (a)(2), is Pub. L. 93638, Jan. 4, 1975, 88 Stat. 2203, which was classified principally to subchapter II (§ 450 et seq.) of chapter 14 of this title prior to editorial reclassification as chapter 46 (§ 5301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables. This chapter, referred to in subsecs. (b) and (d), was in the original “this Act”, meaning Pub. L. 94437, Sept. 30, 1976, 90 Stat. 1400, known as the Indian Health Care Improvement Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of this title and Tables.

Codification Amendment by Pub. L. 111148 is based on section 124(a)(1) of title I 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) of Pub. L. 111148.

Prior ProvisionsA prior section 1621d, Pub. L. 94437, title II, § 205, as added Pub. L. 100713, title II, § 203(c), Nov. 23, 1988, 102 Stat. 4807, related to Native Hawaiian health promotion and disease prevention, prior to repeal by Pub. L. 100579, § 14, formerly § 10, Oct. 31, 1988, 102 Stat. 2923; Pub. L. 100690, title II, § 2310, Nov. 18, 1988, 102 Stat. 4229; renumbered § 14, Pub. L. 102396, title IX, § 9168, Oct. 6, 1992, 106 Stat. 1948. See section 11701 et seq. of Title 42, The Public Health and Welfare.

Amendments2010—Pub. L. 111148 amended section generally. Prior to amendment, section related to hospice care feasibility study.