25 U.S.C. § 1621c
The Secretary, acting through the Service, and in consultation with Indian tribes and tribal organizations, shall determine-
To the extent medically indicated and with informed consent, the Secretary shall screen each Indian who receives services from the Service for diabetes and for conditions which indicate a high risk that the individual will become diabetic and establish a cost-effective approach to ensure ongoing monitoring of disease indicators. Such screening and monitoring may be conducted by a tribal health program and may be conducted through appropriate Internet-based health care management programs.
The Secretary shall continue to maintain each model diabetes project in existence on March 23, 2010, any such other diabetes programs operated by the Service or tribal health programs, and any additional diabetes projects, such as the Medical Vanguard program provided for in title IV of Public Law 108-87 as implemented to serve Indian tribes. tribal 1 health programs shall receive recurring funding for the diabetes projects that they operate pursuant to this section, both at March 23, 2010, and for projects which are added and funded thereafter.
The Secretary is authorized to provide, through the Service, Indian tribes, and tribal organizations, dialysis programs, including the purchase of dialysis equipment and the provision of necessary staffing.
The Secretary shall, to the extent funding is available-
The Secretary may establish and maintain in each area office a position of diabetes control officer to coordinate and manage any activity of that area office relating to the prevention, treatment, or control of diabetes to assist the Secretary in carrying out a program under this section or section 254c-3 of title 42.
Any activity carried out by a diabetes control officer under subparagraph (A) that is the subject of a contract or compact under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.),2 and any funds made available to carry out such an activity, shall not be divisible for purposes of that Act.
1 So in original. Probably should be capitalized.
2 See References in Text note below.
25 U.S.C. § 1621c
EDITORIAL NOTES
REFERENCES IN TEXT Public Law 108-87 referred to in subsec. (c), is Pub. L. 108-87, 117 Stat. 1054, known as the Department of Defense Appropriations Act, 2004. Title IV of the Act (117 Stat. 1067) is not classified to the Code. For complete classification of this Act to the Code, see Tables.The Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), referred to in subsec. (e)(2)(B), is Pub. L. 93-638, 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.
CODIFICATIONAmendment by Pub. L. 111-148 is based on sections 101(c)(1) and 123 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 were enacted into law by section 10221(a) of Pub. L. 111-148.
AMENDMENTS2010- Pub. L. 111-148 amended section generally. Prior to amendment, section related to determination of incidence of, and types of complications resulting from, diabetes among Indians, measures for treatment and control of diabetes among tribes, screening of each Indian receiving services from the Service, model diabetes projects, establishment by diabetes control officers of registry of patients with diabetes, and authorization of appropriations.Subsec. (c)(1). Pub. L. 111-148 struck out "through fiscal year 2000" before "each model diabetes project" in introductory provisions prior to general amendment of section. See above.1992-Subsec. (a). Pub. L. 102-573, §901(2), redesignated par. (1) as entire subsec., redesignated subpars. (A) and (B) as pars. (1) and (2), respectively, substituted "paragraph (1)" for "subparagraph (A)" in par. (2), and struck out former par. (2) which read as follows: "Within 18 months after November 23, 1988, the Secretary shall prepare and transmit to the President and the Congress a report describing the determinations made and measures taken under paragraph (1) and making recommendations for additional funding to prevent, treat, and control diabetes among Indians."Subsec. (c). Pub. L. 102-573, §204(1), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows:"(1) The Secretary shall continue to maintain during fiscal years 1988 through 1991 each of the following model diabetes projects which are in existence on November 23, 1988:"(A) Claremore Indian Hospital in Oklahoma;"(B) Fort Totten Health Center in North Dakota;"(C) Sacaton Indian Hospital in Arizona;"(D) Winnebago Indian Hospital in Nebraska;"(E) Albuquerque Indian Hospital in New Mexico;"(F) Perry, Princeton, and Old Town Health Centers in Maine; and"(G) Bellingham Health Center in Washington."(2) The Secretary shall establish in fiscal year 1989, and maintain during fiscal years 1989 through 1991, a model diabetes project in each of the following locations:"(A) Fort Berthold Reservation;"(B) the Navajo Reservation;"(C) the Papago Reservation;"(D) the Zuni Reservation; and"(E) the States of Alaska, California, Minnesota, Montana, Oregon, and Utah."Subsec. (d)(4). Pub. L. 102-573, §204(2), added par. (4).Subsec. (e). Pub. L. 102-573, §217(b)(3), substituted "this section" for "subsection (c) of this section" and struck out at beginning "There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this section."
- Area office
- The term "Area office" means an administrative entity including a program office, within the Indian Health Service through which services and funds are provided to the service units within a defined geographic area.
- Indian tribe
- The term "Indian tribe" means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or group or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688) [43 U.S.C. 1601 et seq.], which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.
- Service unit
- The term "Service unit" means an administrative entity of the Service or a tribal health program through which services are provided, directly or by contract, to eligible Indians within a defined geographic area.
- Service
- The term "Service" means the Indian Health Service.
- tribal health program
- The term "tribal health program" means an Indian tribe or tribal organization that operates any health program, service, function, activity, or facility funded, in whole or part, by the Service through, or provided for in, a contract or compact with the Service under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.).1