C.F.R. » Title 42 » CHAPTER I—PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES › SUBCHAPTER M—INDIAN HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES › PART 136—INDIAN HEALTH › Subpart B—What Services Are Available and Who Is Eligible To Receive Care?

42 C.F.R. § 136.14

Care and treatment of ineligible individuals

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(a) In case of an emergency, as an act of humanity, individuals not eligible under § 136.12 may be provided temporary care and treatment in Service facilities.

(b) Charging ineligible individuals. Where the Service Unit Director determines that an ineligible individual is able to defray the cost of care and treatment, the individual shall be charged at rates approved by the Assistant Secretary for Health and Surgeon General published in the Federal Register. Reimbursement from third-party payors may be arranged by the patient or by the Service on behalf of the patient.

[64 FR 58319, Oct. 28, 1999. Redesignated and amended at 67 FR 35342, May 17, 2002]
Notes of Decisions
Cited in 2 cases, 2008–2008 · leading case: United States v. Refert, 519 F.3d 752 (8th Cir. 2008).
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United States v. Refert, 519 F.3d 752 (8th Cir. 2008). “Where the Service Unit Director determines that an ineligible individual is able to defray the cost of care and treatment, the individual shall be charged____ 42 C.F.R. § 136.14 . Although the hospital was required, as an act of humanity, to treat non-Native Americans in the…”
United States v. Sosaeoleisah Refert (8th Cir. 2008). “42 C.F.R. § 136.14 . -10- Although the hospital was required, as an act of humanity, to treat non-Native Americans in the event of an emergency, the regulation clearly states that those emergency services are not free.”
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