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25 USC § 1621d - Other authority for provision of services

---
identifier: "/us/usc/t25/s1621d"
source: "usc"
legal_status: "official_prima_facie"
title: "25 USC § 1621d - Other authority for provision of services"
title_number: 25
title_name: "INDIANS"
section_number: "1621d"
section_name: "Other authority for provision of services"
chapter_number: 18
chapter_name: "GENERAL PROVISIONS"
subchapter_number: "II"
subchapter_name: "HEALTH SERVICES"
positive_law: false
currency: "119-84"
last_updated: "2025-07-14"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(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.)"
---

# § 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.

**1** **Home- and community-based service** section 1396t(a) of title 4225 U.S.C. 450[^1]

The term “home- and community-based service” means 1 or more of the services specified in paragraphs (1) through (9) of  (whether provided by the Service or by an Indian tribe or tribal organization pursuant to the Indian Self-Determination and Education Assistance Act ( et seq.))  that are or will be provided in accordance with applicable standards.

See References in Text note below.

**(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** section 7702B(c) of title 26

The term “long-term care services” has the meaning given the term “qualified long-term care services” in .

**(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** section 1602 of this titlesection 1637(c)(2)(A) of this title

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  for convenient care services programs pursuant to .

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**Source Credit**: (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.)

## Editorial Notes

### References in Text

The Indian Self-Determination and Education Assistance Act ( et seq.), referred to in subsec. (a)(2), is , , , 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  and Tables.

This chapter, referred to in subsecs. (b) and (d), was in the original “this Act”, meaning , , , known as the Indian Health Care Improvement Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under  and Tables.

### Codification

Amendment by  is based on section 124(a)(1) 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 was enacted into law by .

### Prior Provisions

A prior section 1621d, , as added , , , related to Native Hawaiian health promotion and disease prevention, prior to repeal by , formerly § 10, , ; , , ; renumbered § 14, , , . See section 11701 et seq. of Title 42, The Public Health and Welfare.

### Amendments

2010— amended section generally. Prior to amendment, section related to hospice care feasibility study.