U.S. Code » Title 25 » Chapter CHAPTER 18— INDIAN HEALTH CARE › Subchapter SUBCHAPTER II— HEALTH SERVICES

25 U.S.C. § 1621f

Crediting of reimbursements

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(a) Use of amounts(1) Retention by program

Except as provided in sections 1621a(a)(2) and 1680c of this title, all reimbursements received or recovered under any of the programs described in paragraph (2), including under section 1680c of this title, by reason of the provision of health services by the Service, by an Indian tribe or tribal organization, or by an urban Indian organization, shall be credited to the Service, such Indian tribe or tribal organization, or such urban Indian organization, respectively, and may be used as provided in section 1641 of this title. In the case of such a service provided by or through a Service Unit, such amounts shall be credited to such unit and used for such purposes.

(2) Programs coveredThe programs referred to in paragraph (1) are the following:(A) Titles XVIII, XIX, and XXI of the Social Security Act [42 U.S.C. 1395 et seq., 1396 et seq., 1397aa et seq.].(B) This chapter, including section 1680c of this title.(C)Public Law 87–693 [42 U.S.C. 2651 et seq.].(D) Any other provision of law.(b) No offset of amounts

The Service may not offset or limit any amount obligated to any Service Unit or entity receiving funding from the Service because of the receipt of reimbursements under subsection (a).

(Pub. L. 94–437, title II, § 207, as added Pub. L. 100–713, title II, § 204, Nov. 23, 1988, 102 Stat. 4812; amended Pub. L. 102–573, title VII, § 701(c)(1), Oct. 29, 1992, 106 Stat. 4572; Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)Editorial NotesReferences in Text

The Social Security Act, referred to in subsec. (a)(2)(A), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Titles XVIII, XIX, and XXI of the Act are classified generally to subchapters XVIII (§ 1395 et seq.), XIX (§ 1396 et seq.), and XXI (§ 1397aa et seq.), respectively, of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

This chapter, referred to in subsec. (a)(2)(B), was in the original “this Act”, meaning Pub. L. 94–437, 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.

Public Law 87–693, referred to in subsec. (a)(2)(C), is Pub. L. 87–693, Sept. 25, 1962, 76 Stat. 593, popularly known as the Federal Medical Care Recovery Act, which is classified generally to chapter 32 (§ 2651 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Tables.

Codification

Amendment by Pub. L. 111–148 is based on section 126 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. 111–148.

Amendments

2010—Pub. L. 111–148 amended section generally. Prior to amendment, section related to crediting of reimbursements.

1992—Subsec. (a). Pub. L. 102–573 made technical amendment to reference to section 1680c of this title to reflect renumbering of corresponding section of original act.

Notes of Decisions
Cited in 4 cases (3 in the last 5 years), 2004–2024 · leading case: Alaska Native Tribal Health Consortium v. Settlement Funds Ex Rel. E.R., 84 P.3d 418 (Alaska 2004).
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Alaska Native Tribal Health Consortium v. Settlement Funds Ex Rel. E.R., 84 P.3d 418 (Alaska 2004). · cites it 2× “Warden points to 25 U.S.C. § 1621f, which provides that any reimbursements that a tribal organization recovers are retained by the organization and do not affect the amount of funding it receives from the Indian Health Service.”
Becerra v. San Carlos Apache Tribe, 602 U.S. 222 (2024). “See 25 U. S. C. §§ 1621f(a)(1), 1641(c)(1)(B).”
Becerra v. San Carlos Apache Tribe, 602 U.S. 222 (2024). “See 25 U. S. C. §§1621f(a)(1), 1641(c)(1)(B).”
Saginaw Chippewa Indian Tribe of Michigan v. Blue Cross Blue Shield of Michigan (E.D. Mich. 2023). “SCIT II at 560 (citing 25 U.S.C. §§ 1621f(a)(1), 1641(d)(2)(A), 5325(m)).”
— 25 U.S.C. § 1621f(a)(1) — 3 cases
Becerra v. San Carlos Apache Tribe, 602 U.S. 222 (2024). “See 25 U. S. C. §§ 1621f(a)(1), 1641(c)(1)(B).”
Becerra v. San Carlos Apache Tribe, 602 U.S. 222 (2024). “See 25 U. S. C. §§1621f(a)(1), 1641(c)(1)(B).”
Saginaw Chippewa Indian Tribe of Michigan v. Blue Cross Blue Shield of Michigan (E.D. Mich. 2023). “SCIT II at 560 (citing 25 U.S.C. §§ 1621f(a)(1), 1641(d)(2)(A), 5325(m)).”
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