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(a) Feasibility study and report The Secretary shall examine the feasibility of entering into an arrangement for the sharing of medical facilities and services between the Indian Health Service and the Department of Veterans Affairs and shall, in accordance with subsection (b), prepare a report on the feasibility of such an arrangement and submit such report to the Congress by no later than September 30, 1990.

(b) Nonimpairment of service quality, eligibility, or priority of access The Secretary shall not take any action under this section or under subchapter IV of chapter 81 of title 38 which would impair—

(1) the priority access of any Indian to health care services provided through the Indian Health Service;

(2) the quality of health care services provided to any Indian through the Indian Health Service;

(3) the priority access of any veteran to health care services provided by the Department of Veterans Affairs;

(4) the quality of health care services provided to any veteran by the Department of Veterans Affairs;

(5) the eligibility of any Indian to receive health services through the Indian Health Service; or

(6) the eligibility of any Indian who is a veteran to receive health services through the Department of Veterans Affairs.

(c) Cross utilization of services (1) Not later than December 23, 1988, the Director of the Indian Health Service and the Secretary of Veterans Affairs shall implement an agreement under which—

(A) individuals in the vicinity of Roosevelt, Utah, who are eligible for health care from the Department of Veterans Affairs could obtain health care services at the facilities of the Indian Health Service located at Fort Duchesne, Utah; and

(B) individuals eligible for health care from the Indian Health Service at Fort Duchesne, Utah, could obtain health care services at the George E. Wahlen Department of Veterans Affairs Medical Center located in Salt Lake City, Utah.

(2) Not later than November 23, 1990, the Secretary and the Secretary of Veterans Affairs shall jointly submit a report to the Congress on the health care services provided as a result of paragraph (1).

(d) Right to health services Nothing in this section may be construed as creating any right of a veteran to obtain health services from the Indian Health Service except as provided in an agreement under subsection (c).

(Pub. L. 94–437, title VIII, § 816, formerly title VII, § 716, as added Pub. L. 100–713, title VII, § 710, Nov. 23, 1988, 102 Stat. 4832; amended Pub. L. 102–54, § 13(j)(2), June 13, 1991, 105 Stat. 276; renumbered title VIII, § 816, and amended Pub. L. 102–573, title VII, § 701(a), (b), title IX, § 902(9), Oct. 29, 1992, 106 Stat. 4572, 4592; Pub. L. 108–170, title II, § 244, Dec. 6, 2003, 117 Stat. 2054.)

Notes

Editorial Notes

Amendments2003—Subsec. (c)(1)(B). Pub. L. 108–170 substituted “George E. Wahlen Department of Veterans Affairs Medical Center” for “Department of Veterans Affairs medical center”. 1992—Pub. L. 102–573, § 902(9), amended section catchline. 1991—Subsecs. (a), (b)(3), (4), (6). Pub. L. 102–54, § 13(j)(2)(A), substituted “Department of Veterans Affairs” for “Veterans’ Administration”. Subsec. (c)(1). Pub. L. 102–54, § 13(j)(2)(B), substituted “Not later than December 23, 1988, the Director of the Indian Health Service and the Secretary of Veterans Affairs shall” for “Within 30 days after November 23, 1988, the Director of the Indian Health Service and the Administrator of Veterans’ Affairs are authorized and directed to”. Subsec. (c)(1)(A), (B). Pub. L. 102–54, § 13(j)(2)(A), substituted “Department of Veterans Affairs” for “Veterans’ Administration”. Subsec. (c)(2). Pub. L. 102–54, § 13(j)(2)(C), substituted “Not later than November 23, 1990, the Secretary and the Secretary of Veterans Affairs shall” for “Not later than 2 years after November 23, 1988, the Secretary and the Administrator of Veterans’ Affairs shall”.

Statutory Notes and Related Subsidiaries

Designation of George E. Wahlen Department of Veterans Affairs Medical CenterPub. L. 108–170, title II, § 244, Dec. 6, 2003, 117 Stat. 2054, provided that: “The Department of Veterans Affairs Medical Center in Salt Lake City, Utah, shall after the date of the enactment of this Act [Dec. 6, 2003] be known and designated as the ‘George E. Wahlen Department of Veterans Affairs Medical Center’. Any references to such facility in any law, regulation, map, document, record, or other paper of the United States shall be considered to be a reference to the George E. Wahlen Department of Veterans Affairs Medical Center.”

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25 U.S.C. § 1680f - Indian Health Service and Department of Veterans Affairs health facilities and services sharing

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