Page:United States Statutes at Large Volume 102 Part 5.djvu/805

 PUBLIC LAW 100-713—NOV. 23, 1988

102 STAT. 4811

"(C) in which Native Hawaiian health professionals significantly participate in the planning, mansigement, monitoring, and evaluation of health services. "(i) There are authorized to be appropriated $750,000 for each of the fiscal years 1990, 1991, 1992, and 1993, for the purpose of carrying out the provisions of this subsection. "(j) The programs and services established by this section shall not be administered by or through the Indian Health Service nor shall any funds appropriated to the Indian Health Service be used to supplement funding of such programs and services.". REIMBURSEMENT OF CERTAIN EXPENSES; RESEARCH

SEC. 204. Title II, as amended by section 203(c), is further amended by adding at the end thereof the following new sections: "REIMBURSEMENT FROM CERTAIN THIRD PARTIES OF COSTS OF HEALTH SERVICES

"SEC. 206. (a) The United States shall have the right to recover the reasonable expenses incurred by the Secretary in providing health services, through the Service, to any individual to the same extent that such individual, or any nongovernmental provider of such services, would be eligible to receive reimbursement or indemnification for such expenses if— "(1) such services had been provided by a nongovernmental provider, and "(2) such individual had been required to pay such expenses and did pay such expenses. "(b) Subsection (a) shall provide a right of recovery against any State, or any political subdivision of a State, only if the injury, illness, or disability for which health services were provided is covered under— "(1) workers' compensation laws, or "(2) a no-fault automobile accident insurance plan or program. "(c) No law of any State, or of any political subdivision of a State, and no provision of any contract entered into or renewed after the date of enactment of the Indian Health Care Amendments of 1988, shall prevent or hinder the right of recovery of the United States under subsection (a). "(d) No action taken by the United States to enforce the right of recovery provided under subsection (a) shall affect the right of any person to any damages (other than damages for the cost of health services provided by the Secretary through the Service). "(e) The United States may enforce the right of recovery provided under subsection (a) by— "(1) intervening or joining in any civil action or proceeding brought— "(A) by the individual for whom health services were provided by the Secretary, or "(B) by any representative or heirs of such individual, or "(2) instituting a separate civil action, after providing to such individual, or to the representative or heirs of such individual, notice of the intention of the United States to institute a separate civil action.

25 USC I62ie.

�