25 U.S.C. § 1621D
Section 1621d · Hospice care feasibility study
Current version, with additions and removals from the October 29, 1992 version.
The Secretary, acting through the Service and in consultation with representatives of Indian tribes, tribal organizations, Indian Health Service personnel, and hospice providers, shall conduct a study—
(1) to assess the feasibility and desirability of furnishing hospice care to terminally ill Indians; and
(2) to determine the most efficient and effective means of furnishing such care.
Such study shall—
(1) assess the impact of Indian culture and beliefs concerning death and dying on the provision of hospice care to Indians;
(2) estimate the number of Indians for whom hospice care may be appropriate and determine the geographic distribution of such individuals;
(3) determine the most appropriate means to facilitate the participation of Indian tribes and tribal organizations in providing hospice care;
(4) identify and evaluate various means for providing hospice care, including—
(A) the provision of such care by the personnel of a Service hospital pursuant to a hospice program established by the Secretary at such hospital; and
(B) the provision of such care by a community-based hospice program under contract to the Service; and
(5) identify and assess any difficulties in furnishing such care and the actions needed to resolve such difficulties.
Not later than the date which is 12 months after October 29, 1992, the Secretary shall transmit to the Congress a report containing—
(1) a detailed description of the study conducted pursuant to this section; and
(2) a discussion of the findings and conclusions of such study.
For the purposes of this section—
(1) the term “terminally ill” means any Indian who has a medical prognosis (as certified by a physician) of a life expectancy of six months or less; and
(2) the term “hospice program” means any program which satisfies the requirements of section 1395x(dd)((2) of title 42; and
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.)) that are or will be provided in accordance with applicable standards.
(3) Hospice care
The term “hospice care” means—
(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.
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.
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.
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.