TITLE 25 - US CODE - SUBCHAPTER V - ORGANIZATIONAL IMPROVEMENTS

25 USC 1661 - Establishment of Indian Health Service as an agency of Public Health Service

(a) Establishment 
In order to more effectively and efficiently carry out the responsibilities, authorities, and functions of the United States to provide health care services to Indians and Indian tribes, as are or may be on and after November 23, 1988, provided by Federal statute or treaties, there is established within the Public Health Service of the Department of Health and Human Services the Indian Health Service. The Indian Health Service shall be administered by a Director, who shall be appointed by the President, by and with the advice and consent of the Senate. The Director of the Indian Health Service shall report to the Secretary through the Assistant Secretary for Health of the Department of Health and Human Services. Effective with respect to an individual appointed by the President, by and with the advice and consent of the Senate, after January 1, 1993, the term of service of the Director shall be 4 years. A Director may serve more than 1 term.
(b) Agency status 
The Indian Health Service shall be an agency within the Public Health Service of the Department of Health and Human Services, and shall not be an office, component, or unit of any other agency of the Department.
(c) Duties 
The Secretary shall carry out through the Director of the Indian Health Service
(1) all functions which were, on the day before November 23, 1988, carried out by or under the direction of the individual serving as Director of the Indian Health Service on such day;
(2) all functions of the Secretary relating to the maintenance and operation of hospital and health facilities for Indians and the planning for, and provision and utilization of, health services for Indians;
(3) all health programs under which health care is provided to Indians based upon their status as Indians which are administered by the Secretary, including (but not limited to) programs under
(A) this chapter;
(B) section 13 of this title;
(C) the Act of August 5, 1954 (42 U.S.C. 2001, et seq.);
(D) the Act of August 16, 1957 (42 U.S.C. 2005 et seq.); and
(E) the Indian Self-Determination Act (25 U.S.C. 450f, et seq.); and
(4) all scholarship and loan functions carried out under subchapter I of this chapter.
(d) Authority of Secretary 

(1) The Secretary, acting through the Director of the Indian Health Service, shall have the authority
(A) except to the extent provided in paragraph (2), to appoint and compensate employees for the Service in accordance with title 5;
(B) to enter into contracts for the procurement of goods and services to carry out the functions of the Service; and
(C) to manage, expend, and obligate all funds appropriated for the Service.
(2) Notwithstanding any other law, the provisions of section 472 of this title shall apply to all personnel actions taken with respect to new positions created within the Service as a result of its establishment under subsection (a) of this section.

25 USC 1662 - Automated management information system

(a) Establishment 

(1) The Secretary shall establish an automated management information system for the Service.
(2) The information system established under paragraph (1) shall include
(A) a financial management system,
(B) a patient care information system for each area served by the Service,
(C) a privacy component that protects the privacy of patient information held by, or on behalf of, the Service, and
(D) a services-based cost accounting component that provides estimates of the costs associated with the provision of specific medical treatments or services in each area office of the Service.
(b) Provision to Indian tribes and organizations; reimbursement 

(1) The Secretary shall provide each Indian tribe and tribal organization that provides health services under a contract entered into with the Service under the Indian Self-Determination Act [25 U.S.C. 450f et seq.] automated management information systems which
(A) meet the management information needs of such Indian tribe or tribal organization with respect to the treatment by the Indian tribe or tribal organization of patients of the Service, and
(B) meet the management information needs of the Service.
(2) The Secretary shall reimburse each Indian tribe or tribal organization for the part of the cost of the operation of a system provided under paragraph (1) which is attributable to the treatment by such Indian tribe or tribal organization of patients of the Service.
(3) The Secretary shall provide systems under paragraph (1) to Indian tribes and tribal organizations providing health services in California by no later than September 30, 1990.
(c) Access to records 
Notwithstanding any other provision of law, each patient shall have reasonable access to the medical or health records of such patient which are held by, or on behalf of, the Service.

25 USC 1663 - Authorization of appropriations

There are authorized to be appropriated such sums as may be necessary for each fiscal year through fiscal year 2000 to carry out this subchapter.