Indian Health Service--PHS. Final rule

These are final rules governing who may receive health services from the Indian Health Service (IHS). Under these rules, and eligible person must be: (1) A member of a federally recognized Indian tribe, and (2) reside within a designated Health Service Delivery Area (HSDA). The regulation provides for a one-year transition period prior to implementation and a waiver for Indian children (18 and under) who are ineligible under the new rule and who have at least one natural parent who is eligible. These eligibility requirements are applicable to both direct and contact health services. Under section 103(a) of the Indian Self-Determination Act, Pub. L. 93-638, 25 U.S.C. 450g(a), IHS funds may be expended only for carrying out the "functions, authorities, and responsibilities" which the Secretary would otherwise have carried out with those funds. Therefore, tribes and tribal organizations operating facilities under Pub. L. 93-638 must also adhere to the eligibility provisions and procedures in these rules and are not authorized to serve persons with IHS funds who do not meet these criteria.