United States Code

USC most recently checked for updates: Dec 01, 2022

§ 1645.
Sharing arrangements with Federal agencies
(a)
Authority
(1)
In general

The Secretary may enter into (or expand) arrangements for the sharing of medical facilities and services between the Service, Indian tribes, urban Indian organizations, and tribal organizations and the Department of Veterans Affairs and the Department of Defense.

(2)
Consultation by Secretary required

The Secretary may not finalize any arrangement between the Service and a Department described in paragraph (1) without first consulting with the Indian tribes which will be significantly affected by the arrangement.

(b)
Limitations
The Secretary shall not take any action under this section or under subchapter IV of chapter 81 of title 38 which would impair—
(1)
the priority access of any Indian to health care services provided through the Service and the eligibility of any Indian to receive health services through the Service;
(2)
the quality of health care services provided to any Indian through the Service;
(3)
the priority access of any veteran to health care services provided by the Department of Veterans Affairs;
(4)
the quality of health care services provided by the Department of Veterans Affairs or the Department of Defense; or
(5)
the eligibility of any Indian who is a veteran to receive health services through the Department of Veterans Affairs.
(c)
Reimbursement

The Service, Indian tribe, urban Indian organization, or tribal organization shall be reimbursed by the Department of Veterans Affairs or the Department of Defense (as the case may be) where services are provided through the Service, an Indian tribe, an urban Indian organization, or a tribal organization to beneficiaries eligible for services from either such Department, notwithstanding any other provision of law, regardless of whether such services are provided directly by the Service, an Indian tribe, or tribal organization, through purchased/referred care, or through a contract for travel described in section 1621l(b) of this title.

(d)
Construction

Nothing in this section may be construed as creating any right of a non-Indian veteran to obtain health services from the Service.

(Pub. L. 94–437, title IV, § 405, as added Pub. L. 100–713, title IV, § 402, Nov. 23, 1988, 102 Stat. 4818; amended Pub. L. 102–573, title IV, § 404, title VII, § 701(c)(3), Oct. 29, 1992, 106 Stat. 4566, 4572; Pub. L. 104–313, § 2(d), Oct. 19, 1996, 110 Stat. 3822; Pub. L. 105–277, div. A, § 101(e) [title III, § 336], Oct. 21, 1998, 112 Stat. 2681–231, 2681–295; Pub. L. 105–362, title VI, § 601(a)(2)(B), Nov. 10, 1998, 112 Stat. 3285; Pub. L. 106–417, §§ 3(a), 4, Nov. 1, 2000, 114 Stat. 1813, 1816; Pub. L. 108–173, title IX, § 900(e)(6)(B), Dec. 8, 2003, 117 Stat. 2373; Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935; Pub. L. 116–260, div. FF, title XI, § 1113, Dec. 27, 2020, 134 Stat. 3251; Pub. L. 116–311, § 2, Jan. 5, 2021, 134 Stat. 4927.)
cite as: 25 USC 1645