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§238m Use of Fiscal Agents

table of contents: Public Health Service Act

From the U.S. House of Representatives Downloadable U.S. Code

[Laws in effect as of January 5, 1999]

[CITE: 42USC238m]

Part B - Miscellaneous Provisions

Sec. 238m. Use of fiscal agents
(a) Contracting authority

The Secretary may enter into contracts with fiscal agents - (1)(A) to determine the amounts payable to persons who, on behalf of the Indian Health Service, furnish health services to eligible Indians,

(B) to determine the amounts payable to persons who, on behalf of the Public Health Service, furnish health services to individuals pursuant to section 247d or 249 of this title,

(2) to receive, disburse, and account for funds in making payments described in paragraph (1),

(3) to make such audits of records as may be necessary to assure that these payments are proper, and

(4) to perform such additional functions as may be necessary to carry out the functions described in paragraphs (1) through (3).

(b) Contracting prerequisites

(1) Contracts under subsection (a) of this section may be entered into without regard to section 5 of title 41 or any other provision of law requiring competition.

(2) No such contract shall be entered into with an entity unless the Secretary finds that the entity will perform its obligations under the contract efficiently and effectively and will meet such requirements as to financial responsibility, legal authority, and other matters as he finds pertinent.

(c) Advances under contracts
A contract under subsection (a) of this section may provide for advances of funds to enable entities to make payments under the contract.

(d) Applicable statutory provisions
Subsections (d) and (e) of section 1395u of this title shall apply to contracts with entities under subsection (a) of this section in the same manner as they apply to contracts with carriers under that section.

(e) ''Fiscal agent'' defined
In this section, the term ''fiscal agent'' means a carrier described in section 1395u(f)(1) of this title and includes, with respect to contracts under subsection (a)(1)(A) of this section, an Indian tribe or tribal organization acting under contract with the Secretary under the Indian Self-Determination Act (Public Law 93-638) (25 U.S.C. 450f et seq.).

(July 1, 1944, ch. 373, title II, Sec. 244, formerly title XXI, Sec. 2116, as added Pub. L. 99-272, title XVII, Sec. 17003, Apr. 7, 1986, 100 Stat. 359; renumbered title XXIII, Sec. 2316, Pub. L. 99-660, title III, Sec. 311(a), Nov. 14, 1986, 100 Stat. 3755; renumbered title XXV, Sec. 2514, Pub. L. 100-607, title II, Sec. 201(1), (3), Nov. 4, 1988, 102 Stat. 3062, 3063; renumbered title XXVI, Sec. 2614, Pub. L. 100-690, title II, Sec. 2620(a), Nov. 18, 1988, 102 Stat. 4244; renumbered title XXVII, Sec. 2714, Pub. L. 101-381, title I, Sec. 101(1), (2), Aug. 18, 1990, 104 Stat. 576; renumbered title II, Sec. 244, Pub. L. 103-43, title XX, Sec. 2010(a)(1)-(3), June 10, 1993, 107 Stat. 213.)



The Indian Self-Determination Act, referred to in subsec. (e), is title I of Pub. L. 93-638, Jan. 4, 1975, 88 Stat. 2206, as amended, which is classified principally to part A (Sec. 450f et seq.) of subchapter II of chapter 14 of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 450 of Title 25 and Tables.



Section was classified to section 300aaa-13 of this title prior to renumbering by Pub. L. 103-43, to section 300cc-15 of this title prior to renumbering by Pub. L. 100-607, and to section 300aa-15 of this title prior to renumbering by Pub. L. 99-660.