§1680l. Shared services demonstration project

(a) Authority of Secretary

The Secretary, acting through the Service and notwithstanding any other provision of law, is authorized to enter into contracts with Indian tribes or tribal organizations to establish not more than 6 shared services demonstration projects for the delivery of long-term care to Indians. Such projects shall provide for the sharing of staff or other services between a Service facility and a nursing facility owned and operated (directly or by contract) by such Indian tribe or tribal organization.

(b) Contract requirements

A contract entered into pursuant to subsection (a) of this section-

(1) may, at the request of the Indian tribe or tribal organization, delegate to such tribe or tribal organization such powers of supervision and control over Service employees as the Secretary deems necessary to carry out the purposes of this section;

(2) shall provide that expenses (including salaries) relating to services that are shared between the Service facility and the tribal facility be allocated proportionately between the Service and the tribe or tribal organization; and

(3) may authorize such tribe or tribal organization to construct, renovate, or expand a nursing facility (including the construction of a facility attached to a Service facility), except that no funds appropriated for the Service shall be obligated or expended for such purpose.

(c) Eligibility

To be eligible for a contract under this section, a tribe or tribal organization, shall, as of October 29, 1992-

(1) own and operate (directly or by contract) a nursing facility;

(2) have entered into an agreement with a consultant to develop a plan for meeting the long-term needs of the tribe or tribal organization; or

(3) have adopted a tribal resolution providing for the construction of a nursing facility.

(d) Nursing facilities

Any nursing facility for which a contract is entered into under this section shall meet the requirements for nursing facilities under section 1396r of title 42.

(e) Assistance to applicants

The Secretary shall provide such technical and other assistance as may be necessary to enable applicants to comply with the provisions of this section.

(f) Report

The Secretary shall submit to the President, for inclusion in each report required to be transmitted to the Congress under section 1671 of this title, a report on the findings and conclusions derived from the demonstration projects conducted under this section.

(Pub. L. 94–437, title VIII, §822, as added Pub. L. 102–573, title VIII, §810, Oct. 29, 1992, 106 Stat. 4588 .)

Codification

October 29, 1992, referred to in subsec. (c), was in the original "the date of the enactment of this Act", which was translated as meaning the date of enactment of Pub. L. 102–573, which enacted this section, to reflect the probable intent of Congress.

Section Referred to in Other Sections

This section is referred to in section 1671 of this title.