e treated in the same manner as inial Self-Determination Proposals and valuated in accordance with the crieria specified in §36.208 of this subart. If the contracting officer declines evision or amendment of the contract s requested, he shall notify the tribal rganization in writing within 30 days fter receiving the request. Thereafter, n appeal to the Contracting Officer's eclination to amend the contract will ollow the same processing and proceures outlined in §36.214 of this subart. $36.231 Retrocession of contract programs. (a) Whenever an Indian tribe requests retrocession for any contract or porsion thereof entered into under this Subpart, retrocession shall be in accordance with the clause titled "Retrocession" as set forth in 41 CFR 34.6013 and 3-4.6014, and shall be effective upon a date specified by the Contracting Officer but no later than 120 days after the date of the request from the tribe, except when the tribe and the Contracting Officer mutually agree on a later date. (b) Immediately after a request for retrocession, representatives of the tribe and the Contracting Officer shall I meet and take the following actions: (1) Mutually agree on a plan for orderly transfer of responsibilities. (2) Mutually agree on a plan for inventorying materials and supplies on hand. (3) Establish an accounting of funds, current and anticipated obligations, and costs of operation until the retWrocession date. (4) Identify all records relating to the contract and to the contracted function. (c) On the date of retrocession, the tribal contractor will deliver to the Contracting Officer all property, materials, supplies and records of whatever nature which have been identified as necessary for the continuation of the program, project or function. (d) Within 30 calendar days after retrocession, the tribe will furnish the Contracting Officer with a report including but not limited to an accountng of the amounts and purposes for ich Federal funds were expended, a description and evaluation of program accomplishments, and reasons why retrocession was requested. (e) Retrocession of a contract by an Indian tribe shall be without prejudice to: (1) Any other contract to which it is a party. (2) Any other contracts it may request. (3) Any future request to contract for the programs or services covered by the retroceded contract. (f) Tribal assumption of retroceded contracts. Whenever an Indian tribe chooses to retrocede a contract operated by a tribal organization other than the tribal governing body, the tribal governing body may request to contract for the program. In such a case, the tribal governing body shall submit a contract proposal pursuant to this subpart. §36.232 Contractor assistance. To the extent practicable, the Director, Indian Health Service, shall, at the request of a tribal organization, provide technical assistance to the contractor in attempting to resolve problems or deficiencies in the performance of the contract and to assist the contractor in taking such corrective action as may be prescribed pursuant to § 36.233(a). §36.233 Assumption and reassumption of contract programs. (a) When the Director or his delegate determines that the performance of a contractor under these regulations involves (1) the violation of the rights or endangerment of the health, safety, or welfare or any persons, or (2) gross negligence or the mismanagement in the handling or use of funds under the contract, he will, in writing, notify the contractor of such determination and will request that the contractor take such corrective action within such period of time as the Director or his delegate may prescribe. (b) When the Director or his delegate determines that a contractor has not taken corrective action (as prescribed by him under paragraph (a) of this section) to his satisfaction, he may, after the contractor has been provided an opportunity for a hearing in accordance with paragraph (c) of this section, rescind the contract in whole or in part and, if he deems it appropriate, assume or resume control or operation of the program, activity, or service involved. (c)(1) When the Director or his delegate has made a determination described in paragraph (b) of this section, he shall in writing notify the contractor of such determination and of the contractor's right to request a review of such determination and of the determination described in paragraph (a) of this section. Such notification by the Director or his delegate shall set forth the reasons for the determination in sufficient detail to enable the contractor to respond and shall inform the contractor of its right to a hearing on the record before a Contract Appeals Board described in paragraph (d) of this section. Upon the request of the contractor for a hearing, the Board, established pursuant to paragraph (d) of this section shall in writing within 10 days of the establishment notify the contractor of the time, place and date of the hearing which will be held not later than 45 days after the request for a hearing. (2) Where the Director or his delegate determines that a contractor's performance under a contract awarded under this subpart poses an immediate threat to the safety of any person, he may immediately rescind the contract in whole or in part and, if he deems it appropriate, assume or resume control or operation of the program, activity, or service involved. Upon such a decision he will immediately notify the contractor of such action and the basis therefor; and offer the contractor an opportunity for a hearing on the record before the Contract Appeals Board established pursuant to paragraph (d) of this section to be held within 10 days of each action. (d)(1) The Contract Appeals Board shall be composed of 3 persons appointed by the Director, Indian Health Service. Such persons may not be selected from the immediate office of any person participating in the determinations at issue. The Board shall afford the contractor the right: (i) To notice of the iss sidered; (ii) To be represent -con (iii) To present witnesses on contrac tor's behalf; (iv) To cross-examine other witnesses either orally or through written interrogatories; and (v) To compel the appearance of indian Health Service personnel or to take depositions of such persons at reasonable times and places. (2) The Contracts Appeals Board shall make an initial written decision which shall become final with 20 days unless the Director, Indian Health Service or his representative modifies or reverses the decision. Any such decision by the Director of the Indian Health Service or his representative be in writing, shall be specific as to the reasons for such decision, and shall be considered final. (3) Where Board is considering issues arising under paragraph (c)(2) of this section, the Board shall within 25 days after the conclusion of the hearing, notify all parties in writing of its decision, which shall be considered final. (e) In any case where the officer has rescinded a contract under paragraphs (b) or (d) of this section, he may decline to enter into a new contract agreement with the contractor until such time as he is satisfied that the basis for the recission has been corrected. Nothing in this section shall be construed as contravening the Occupational Safety and Health Act of 1970 (84 Stat. 1590), as amended (29 U.S.C. 651). § 36.234 Operation of retroceded or reassumed contracts. (a) The IHS shall endeavor to provide to the tribe(s) and Indians served by a retroceded or reassumed contract not less than the same quantity and quality of service it would have provided if there had been no contract. (b) The IHS shall endeavor to provide to the tribe(s) and Indians served by a retroceded or reassumed contract not less than the same quantity and quality of permanent and temporary personnel that meet the U.S. Civil Service qualifications, it would have provided if there has been no contract. (c) IHS officials cannot decline to acretroceded contract or to me a contract because are by of service and personnel required paragraphs (a) and (b) of this sec ɔn. 6.235 Contract funds. The tribal organization shall be entied to be funded for direct and indirect osts at a level which is not less than ould have been provided if the IHS ad operated the program or portion hereof during the contract period. 36.236 Unexpended funds under contract. - (a) If it becomes apparent during the ontract term that the estimated mount of a contract under this subart will be in excess of actual expendiures under the contract, the identified nexpended funds will be used to proide additional services or benefits within the scope or limitations of the contract. (b) When both the tribal organization ind the IHS agree that it is not pracicable to spend all contract funds durng the contract term, to the extent authorized by law unexpended funds may be carried over into the succeeding fiscal year contract. Unexpended funds carried over into a succeeding fiscal year shall be added to the contract amount for that fiscal year. § 36.237 Contract funding and renegotiation. The following clause shall be included in contracts awarded under the Act which have a term of more than one year: CONTRACT FUNDING AND RENEGOTIATION Funds other than those appropriated during the fiscal year in which the contract commenced, that are included in the contract amount are subject to the availability of appropriations from Congress and there shall be no legal liability on the part of the Government in regard to such funds unless and until they are appropriated. Funds appropriated during the fiscal year in which the contract commenced that are included in the contract amount but not expended at the end of such fiscal year may be carried over and used for contract purposes in the succeeding fiscal year of the contracts operation or, may be used to provide additional services upon modifications of the contract to include such services therein. Each succeeding year of the contract may e renegotiated prior to the end of the then current fiscal year in order to reflect changes that have taken place beyond the control of the contractor since the contract was originally negotiated or last renegotiated as is applicable. Subpart J-Indian Health Care AUTHORITY: Secs. 102, 103, 106, 502, 702, and 704 of Pub. L. 94-437 (25 U.S.C. 1612, 1613, 1615, 1652, 1672 and 1674); sec. 338G of the Public Health Service Act, 95 Stat. 908 (42 U.S.C. 254r). SOURCE: 42 FR 59646, Nov. 18, 1977, unless otherwise noted. SUBDIVISION J-1-PROVISIONS OF GENERAL AND SPECIAL APPLICABILITY §36.301 Policy and applicability. (a) Policy. (1) It is the policy of the Secretary to encourage Indians to enter the health professions and to ensure the availability of Indian health professionals to serve Indians. The recruitment and scholarship programs under this subpart will contribute to this objective. (2) The regulations of this subpart are intended to be consistent with principles of Indian self-determination and to supplement the responsibilities of the Indian Health Sevice for Indian health manpower planning and for assisting Indian tribes and tribal organizations in the development of Indian manpower programs. (b) Applicability. The regulations of this subpart are applicable to the following activities authorized by the Indian Health Care Improvement Act: (1) The award of health professions recruitment grants under section 102 of the Act to recruit Indians into the health professions (Subdivision J-2); (2) The award of preparatory scholarship grants and pregraduate scholarship grants under section 103 of the Act, as amended, to Indians undertaking compensatory and preprofessional education (Subdivisions J-3 and J-8); (3) The award of Indian Health Scholarship grants pursuant to section 338G of the Public Health Service Act (42 U.S.C. 254r) to Indian or other students in health professions schools (Subdivision J-4): (4) The provision of continuing education allowances to health profes sionals employed by the Service under section 106 of the Act (Subdivision J-5); (5) Contracts with urban Indian organizations under section 502 of the Act to establish programs in urban areas to make health services more accessible to the urban Indian population (Subdivision J-6); and (6) Leases with Indian tribes under section 704 of the Act (Subdivision J-7). [42 FR 59946, Nov. 18, 1977, as amended at 49 FR 7381, Feb. 29, 1984; 50 FR 1855, Jan. 14, 1985) § 36,302 Definitions, As used in this subpart: (a) Act means the Indian Health Care Improvement Act, Pub. L. 94-437 (25 U.S.C. 1601 et seq.). (b) Academic year means the traditional approximately 9 month September to June annual session, except for students who attend summer session in addition to the traditional academic year during a 12 month period, for whom the academic year will be considered to be of approximately 12 months duration. (a) [Reserved] (d) Compensatory preprofessional edupation means any preprofessional education necessary to compensate for deficiencies in an individual's prior education in order to enable that individual to qualify for enrollment in a health professions school. (e) Health or educational entity means an organization, agency, or combination thereof, which has the provision of health or educational programs as one of its major functions, (f) Health professions school means any of the schools defined in paragraphs (m), (n), or (o) of this section. (g) Hospital means general, tuberculosis, mental, and other types of hospitals, and related facilities such as laboratories, outpatient departments, extended care facilities, facilities related to programs for home health services, self-care units, education or train ing facilities for health professions personnel operated as an integral part of a hospital, and central services facilities operated in connection with hospitals, J-8 of this subpart, any person wh (i) Indian health organization means. nonprofit corporate body composed: Indians which provides for the max mum participation of all interested dian groups and individuals and whis has the provision of health programs a its principal function. (j) Indian tribe means any Indi tribe, band, nation, or other organiza group or community, including a Alaska native village or group or gional or village corporation as define in or established pursuant to the Ala ka Native Claims Settlement Act (5 U.S.C. 1601 et seq.), which is recogniz as eligible for the special programs and services provided by the United States to Indians because of their status as Idians. (k) Nonprofit as applied to any pr vate entity means that no part of the net earnings of such entity inures a may lawfully inure to the benefit c any private shareholder or individual. (1) [Reserved] (m) School of allied health profession means a junior college, college, or uni versity (1) Which provides, or can provide programs of education leading to a cer tificate, or to an associate or bacca laureate degree (or the equivalent or either), or to a higher degree for preparing personnel with responsibilities for supporting, complementing, or supplementing the professional functions of physicians, dentists, and other health professionals in the delivery of health care to patients or assisting environmental engineers and others in ins, for puranvironmental health control and preJ-4, tive medicine activities. but does not include any hospital pro- or 2) Which, if in a college iverisity which does not include a ching hospital or in a junior college, affiliated through a written agreeent with one or more hospitals which ovide the hospital component of the nical training required for compleon of such programs of education. he written agreement shall be exeted by individuals authorized to act r their respective institutions and to sume on behalf of their institution ie obligations imposed by such agreeent. The agreement shall provide: (i) A description of the responsibilies of the school of allied health prossions, the responsibilities of the hosital, and their joint responsibilities Fith respect to the clinical components Af such programs of education; and * (ii) A description of the procedure by -hich the school of allied health proessions and the hospital will coordiHate the academic and clinical training ›f students in such programs of eduSation; and = (iii) That, with respect to the clinical component of each such program of education, the teaching plan and resources have been jointly examined and approved by the appropriate faculty of the school of allied health professions and the staff of the hospital. (3) Which is accredited or assured acEcreditation by a recognized body or bodies approved for such purpose by the Commissioner of Education of the Department of Health and Human - Services. (n) School of medicine, school of denItistry, school of osteopathy, school of pharmacy, school of optometry, school of podiatry, school of veterinary medicine, and school of public health means a school which provides training leading, respectively, to a degree of doctor of medicine, a degree of doctor of dental surgery or an equivalent degree, a degree of doctor of osteopathy, a degree of bachelor of science in pharmacy or an equivalent degree, a degree of doctor of podiatry or an equivalent degree, and graduate degree in public health, and including advanced training related to such training provided by any such school, and is accredited or assured accreditation by a recognized body or bodies approved for such purpose by the Commissioner of Education of the Department of Health and Human Services. (0) School of nursing means a collegiate, associate degree, or diploma school of nursing, as those terms are defined below: (1) The term collegiate school of nursing means a department, division, or other administrative unit in a college or university which provides primarily or exclusively a program of education in professional nursing and allied subjects leading to the degree of bachelor of arts, bachelor of science, bachelor of nursing, or to an equivalent degree, or to a graduate degree in nursing, and including advanced training related to such program of education provided by such school, but only if such program, or such unit, college or university is accredited; (2) The term associated degree school of nursing means a department, division, or other administrative unit in a junior college, community college, college, or university which provides primarily or exclusively a two-year program of education in professional nursing and allied subjects leading to an associate degree in nursing or to an equivalent degree, but only if such program, or such unit, college or university is accredited; (3) The term diploma school of nursing means a school affiliated with a hospital or university, or an independent school, which provides primarily or exclusively a program of education in professional nursing and allied subjects leading to a diploma or to equivalent indicia that such program has been satisfactorily completed, but only if such program, or such affiliated school or such hospital or university or such independent school is accredited. (4) The term accredited as used in this subsection when applied to any program of nurse education means a program accredited or assured accreditation by a recognized body or bodies, or by a State agency, approved for such purpose by the Commissioner of Education of the Department of Health and Human Services and when applied to a hospital, school, college, or university (or a unit thereof) means a hospital, school, college, or university (or a unit thereof) which is accredited or assured accreditation by a recognized body or |