United States Code

USC most recently checked for updates: Sep 29, 2022

§ 1621d.
Other authority for provision of services
(a)
Definitions
In this section:
(1)
Assisted living service
The term “assisted living service” means any service provided by an assisted living facility (as defined in section 1715w(b) of title 12), except that such an assisted living facility—
(A)
shall not be required to obtain a license; but
(B)
shall meet all applicable standards for licensure.
(2)
Home- and community-based service

The term “home- and community-based service” means 1 or more of the services specified in paragraphs (1) through (9) of section 1396t(a) of title 42 (whether provided by the Service or by an Indian tribe or tribal organization pursuant to the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.)) 1

1
 See References in Text note below.
that are or will be provided in accordance with applicable standards.

(3)
Hospice care
The term “hospice care” means—
(A)
the items and services specified in subparagraphs (A) through (H) of section 1395x(dd)(1) of title 42; and
(B)
such other services as an Indian tribe or tribal organization determines are necessary and appropriate to provide in furtherance of that care.
(4)
Long-term care services

The term “long-term care services” has the meaning given the term “qualified long-term care services” in section 7702B(c) of title 26.

(b)
Funding authorized
The Secretary, acting through the Service, Indian tribes, and tribal organizations, may provide funding under this chapter to meet the objectives set forth in section 1602 of this title through health care-related services and programs not otherwise described in this chapter for the following services:
(1)
Hospice care.
(2)
Assisted living services.
(3)
Long-term care services.
(4)
Home- and community-based services.
(c)
Eligibility
The following individuals shall be eligible to receive long-term care services under this section:
(1)
Individuals who are unable to perform a certain number of activities of daily living without assistance.
(2)
Individuals with a mental impairment, such as dementia, Alzheimer’s disease, or another disabling mental illness, who may be able to perform activities of daily living under supervision.
(3)
Such other individuals as an applicable tribal health program determines to be appropriate.
(d)
Authorization of convenient care services

The Secretary, acting through the Service, Indian tribes, and tribal organizations, may also provide funding under this chapter to meet the objectives set forth in section 1602 of this title for convenient care services programs pursuant to section 1637(c)(2)(A) of this title.

(Pub. L. 94–437, title II, § 205, as added Pub. L. 102–573, title II, § 206(a), Oct. 29, 1992, 106 Stat. 4548; amended Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)
cite as: 25 USC 1621d