Page:United States Statutes at Large Volume 102 Part 5.djvu/795

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PUBLIC LAW 100-000—MMMM. DD, 1988

PUBLIC LAW 100-713—NOV. 23, 1988

102 STAT. 4801

treatment centers, and training of traditional Indian practitioners; "(E) emergency medical services; "(F) treatment and control of, and rehabilitative care related to, alcoholism and drug abuse (including fetal alcohol syndrome) among Indians; "((j) accident prevention programs; "(H) home health care; "(I) community health representatives; and "(J) maintenance and repair. "(b)(1) Any funds appropriated under the authority of subsection (h) shall not be used to offset or limit any appropriations made to the Service under the Act of November 2, 1921 (25 U.S.C. 13), popularly known as the Snyder Act, or any other provision of law. (2) Funds which are appropriated under the authority of subsection (h) may be allocated to, or used for the benefit of, any Indian tribe which has a health resources deficiency level at level I or II only if a sufficient amount of funds have been appropriated under the authority of subsection (h) to raise all Indian tribes to health resources deficiency level 11. "(3)(A) Funds appropriated under the authority of subsection (h) may be allocated on a service unit basis but such allocation shall be made in a manner which ensures that the requirement of paragraph (2) is met. The funds allocated to each service unit under this subparagraph shall be used by the service imit (in accordance with paragraph (2)) to raise the deficiency level of each tribe served by such service unit. "(B) The apportionment of funds allocated to a service unit under subp£u*agraph (A) among the health service responsibilities described in subsection (a)(4) shall be determined by the Service in consultation with the aJffected Indian tribes. "(c) For purposes of this section— "(1) The health resources deficiency levels of an Indism tribe are as follows: "(A) level I—0 to 20 percent health resources deficiency; "(B) level n—21 to 40 percent health resources deficiency; "(C) level in—41 to 60 percent health resources deficiency; "(D) level IV—61 to 80 percent health resources deficiency; and "(E) level V—81 to 100 percent health resources deficiency. "(2) The term 'health resources deficiency' means a percentage determined by dividing— "(A) the excess, if any, of— "(i) the value of the health resources that the Indian tribe needs, over "(ii) the vedue of the health resources available to the Indian tribe, by "(B) the value of the health resources that the Indian tribe needs. "(3) The health resources available to an Indian tribe include health resources provided by the Service as well as health resources used by the Indian tribe, including services and financing systems provided by any Federal progrcuns, private insurance, and programs of State or local governments.