Page images

icer in charge has neither notice nor Patients, Public Health Service.” If, other knowledge that a person higher within six months after the death of a in the indicated order of priority ex- patient, no claim has been filed pursuists.

ant to the provisions of $35.43, his ef

fects (including foreign currency and 335.45 Disposition of effects; excep- coin but excluding Postal Savings Certions.

tificates and other evidences of indebtIrrespective of the provisions of this edness of the United States) shall be subpart, the officer in charge may (a) sold at public auction or by sealed bids release from among the effects of the to the highest bidder and the proceeds deceased patient so much of the pa- deposited to the credit of the trusttient's clothing as may be necessary fund account entitled “Money and Effor use in preparation of his body for fects of Deceased Patients, Public burial and (b) cause to be destroyed, or Health Service." Postal Savings Cerotherwise disposed of, such used toilet tificates and other evidences of indebtarticles of the patient as appear to edness of the United States shall be have no commercial or other value. transmitted to the issuing department

or agency with a statement of the oc8 35.46 Conflicting claims.

casion therefor. In any case in which conflicting claims are filed or the officer in charge

$35.49 Sale of unclaimed effects; proconsiders it to be in the interest of per

cedures. sons who may be ultimately entitled The following provisions shall govern thereto, delivery may be withheld from the sale of effects: all persons other than a duly qualified (a) Notice. Reasonable advance notice legal representative.

of proposed sales shall be posted at

such prominent places in the station or $ 35.47 Disposition of Government hospital area as the officer in charge checks.

may designate. In addition, a notice Notwithstanding any other provi- shall be posted at the nearest post ofsions of this subpart, immediately fice, and notices shall be sent by mail upon completion of the inventory, to all known persons to whom delivery checks drawn on the Treasurer of the of money and effects of the patient United States shall be sent by safe may be made under the provisions of means to the department, agency, or this subpart. The officer or employee establishment of the Government of who posts or sends notices of sales the United States issuing such checks. shall make an appropriate affidavit on The transmittal shall be accompanied a copy of the notice as to his action in by a statement of the reasons therefor that respect, including in his affidavit and of all available information which the names of persons to whom copies of may aid the issuing unit in the disposi- the notices were mailed and the mailtion of the check transmitted. Notice ing dates. The copy of the notice on of the disposition of any checks, with which the affidavit appears shall be reidentifying information, shall be given tained in the files of the station or hosto the person or persons, if any, to pital. which money and effects are delivered (b) Form and contents of notice. Notice in accordance with $35.44.

of proposed sales shall be given on a

form prescribed by the Surgeon Gen835.48 Deposit of unclaimed money; eral. The notice shall include: an in

sale of unclaimed effects and de- ventory of the effects to be offered for posit of proceeds.

sale; the names of the patients from If, within 120 days after sending of whom the effects were received; the notices no claim has been filed pursu- precise date, time, and place when and ant to the provisions of $35.43, the pa- where the sale will be held; a statetient's money, consisting of all types of ment that the articles will be available United States currency and coin, shall for inspection immediately prior to be deposited in the Treasury to the sale, if sold at public auction, or on a credit of the trust-fund account enti- day and during the hours appointed for tled “Money and Effects of Deceased the inspection of articles if sold by


male bit, a statement that the sale is documents shall be sent by registen to be held pursuant to the provisions of mail (or other safe means) the raulations in this part, that, if the (c) Persons receiving the money = articles are to be sold by sealed bid, the effects of a patient shall be required right to reject ail bids is reserved, and execute an itemized receipt therefor that, if otherwise authorized, delivery will be made of effects or proceeds of 435.52 Delivery of posecesion sales to persons flling claims prior to

title unaffected. the sale of effects or prior to the trans- Except for delivery of effects to pa mittal of proceeds to the Surgeon Gen- chasers at sales held in accordase

with $35.49, delivery or deposit anda (c) Tome and place of sales. All sales this subpart of the money or effects, a shall be held at reasonable hours and the proceeds of a sale of the effects, a at such places within the station or a deceased patient constitutes only i hospital area as the officer in charge transfer of possession and is not is may designate.

tended to affect in any manner that (a) Who shall conduct sales. All sales title to such money, effects. shall be conducted by the officer in proceeds. charge or by a responsible officer or employee designated by him.

Subpart E-Contributions for the (e) Sale and delivery. All effects of

Benefit of Patients fered for sale shall be sold to the highest bidder and delivered to him imme- AUTHORITY: Sec. 215, 58 Stat. 60, as amend diately upon payment of the sale price ed, 63 Stat. 835 (42 U.S.C. 216); sec. 221, * in cash or by postal money order or Stat. 695, as amended, 62 Stat. 1017 (42 U.S.C. certified check and execution of an ap

248). propriate receipt by the person to SOURCE: 42 FR 60742, Nov. 29, 1977, unless whom delivery is made.

otherwise noted. $35.50 Disposition of unsold effects. $35.61 Applicability.

The officer in charge shall dispose of This subpart sets forth the policies effects offered for sale but remaining and procedures governing the acceptunsold in such manner as he considers ance and administration of contributo be proper, but, if practicable, such tions of money or property intended effects shall be used for the benefit of solely for the benefit of all patients in other patients of the Service.

a ward or unit or a particular hospital

or station of the Public Health Service, $35.51 Manner of delivery; costs, re- excluding outpatient clinics. Such conceipts.

tributions are distinguishable from (a) (a) If a person entitled under this monies or other valuables belonging to subpart to receive the money and ef- specific patients which are accepted fects of a patient is unable to take pos- and held in custody for the convenience session thereof at the station or hos- of the patient until such time as he or pital, they shall be sent to him at the she wishes to withdraw them, and (b) expense of the United States in the gifts to the United States to support most economical manner available. Public Health Service functions under The records of the station or hospital section 501 of the Public Health Service shall show the names and addresses of Act or other statutory provisions, persons to whom money or effects have which may be accepted and adminisbeen sent, the date of sending, the tered only in accordance with such means used, an itemized list of the statutory provisions or other applicamoney or effects sent, and a statement ble laws. by a witnessing officer or employee verifying the foregoing from his own

$35.62 Acceptance of contributions. observation.

(a) The officer in charge of a hospital (b) If not delivered personally by an or station or his delegate may accept authorized officer or employee of the contributions of money or personal Service, money, evidences of indebted- property which are donated for the ness, and other valuable papers and general benefit of all patients within

hospital or station (or a ward or the patient fund. The names of officials o thereof) without further specifica- so designated shall be provided to the i or conditions as to use. Contribu- relevant fiscal control office. is tendered subject to conditions by (c) Subject to availability of suffidonor, such as expenditure or use

cient funds, monies in the patient fund y on behalf of certain patients or for

may be expended for materials, servcific purposes, may not be accepted.

ices or activities which contribute to ») Contribution of money or prop

the well-being or morale of patients, y shall be accepted in writing.

including but not limited to provision 3.63 Report of and accounting for

of reading and entertainment matecontributions.

rials, recreation activities, and, in ap a) Contributions of money accepted

propriate cases, necessary financial rsuant to $35.62 (hereinafter referred

support (including travel expenses, as “patient fund”) will be treated

meals, and lodging) of relatives, guardnsistently with Federal deposit rules

ians, or friends of patients to enable d as supplemented with appropriate

such persons to be available for the paocedures of the facility. This regula- tient's comfort and support. on is not intended to exclude con- (d) Officers in charge may issue such ibutions for the benefit of patients additional instructions, not inconsistom proper accountability and control ent with this subpart, as may be necfunds and property.

essary to implement its provisions. (b) Contributions of property accept1 pursuant to $35.62 shall be recorded

PART 36-INDIAN HEALTH nd accounted for in the same manner s other property of a similar kind

Subpart A-Purpose naintained in the hospital or station, ut with suitable identification so that Sec. t can be distinguished from govern- 36.1 Purpose of the regulations. nent-owned property.

36.2 Administrative instructions.

Subpart B-What Services are Available and Who is Eligible to Receive Care?

36.10 Definitions.
36.11 Services available.
36.12 Persons to whom health services will

be provided.
36.13 Authorization for contract health

services. 36.14 Reconsideration and appeals. 36.15 Health Service Delivery Areas. 36.16 Beneficiary Identification Cards and

verification of tribal membership.

[ocr errors]

Subpart C-(Reserved

i35.64 Donors.

Authorized contributions may be accepted from patients, employees and other individuals, and agencies and organizations. $ 35.66 Acceptable personal property.

Contributions of personal property which may be accepted pursuant to $35.62 include, but are not limited to, recreational equipment, furniture, radios and television sets. After its useful life, any cash proceeds realized upon disposition of such property shall be deposited to the credit of the patient fund and shall be available for expenditure pursuant to $35.66(c). $35.66 Expenditure of cash contribu

tions. (a) Officials authorized to accept contributions shall not maintain control over the actual obligation or expenditure of such monies.

(b) Only those officers or employees specifically designated in writing by the officer in charge for such purpose may obligate and expend monies from

Subpart D-Transition Provisions 36.31 Transition period. 36.32 Delayed implementation. 36.33 Grace period. 36.34 Care and treatment of people losing


Subpart E-Preference in Employment 36.41 Definitions 36.42 Appointment action 36.43 Application or for preference



Subpart F-Abortions and Related Medical

Services In Indian Health Service Facilities and Indian Health Service Pro

grams 36.51 Applicability. 36.52 Definitions. 36.53 General rule. 36.54 Life of the mother would be endan

gered. 36.55 Drugs and devices and termination of

ectopic pregnancies. 36.56 Recordkeeping requirements.

Subpart G-Residual Status 36.61 Payor of last resort. Subpart H-Grants for Development, Con

struction, and Operation of Facilities and Services

PROCUREMENT 36.215 Applicability of regulations. 36.216 Waivers. 36.217 Fair and equal treatment of inte

people. 36.218 Types of contracts. 36.219 Term of contract. 36.220 Use of Indian business concerns. 36.221 Indian preference in training and o

ployment. 36.222 Indemnity and insurance. 36.223 Exemption from bonds. 36.224 Construction and architect-engine

ing contracts. 36.225 Performance of personal services. 36.226 Advance payments. 36.227 Recordkeeping, reporting and anot 36.228 Availability of information. 36.229 Penalties. 36.230 Contract revisions or amendments 36.231 Retrocession of contract programs. 36.232 Contractor assistance. 36.233 Assumption and reassumption of ca

tract programs. 36.234 Operation of retroceded or reassun.

contracts. 36.235 Contract funds. 36.236 Unexpended funds under contract 36.237 Contract funding and renegotiation.

36.101 Applicability. 36.102 Definitions. 36.103 Eligibility. 36.104 Application. 36.105 Project elements. 36.106 Grant award and evaluation. 36.107 Use of project funds. 36.108 [Reserved) 36.109 Availability of appropriations. 36.110 Facilities construction. 36.111 Interest. 36.112 Additional conditions. 36.113 Fair and uniform provision of serv

ices. 36.114 Applicability of other Department

regulations. 36.115 Rescission of grants. 36.116 Reports. 36.117 Amendment of regulations. 36.118 Effect on existing rights. 36.119 Penalties. 36.120 Use of Indian business concerns. 36.121 Indian preference in training and em


Subpart J-Indian Health Care


AND SPECIAL APPLICABILITY 36.301 Policy and applicability. 36.302 Definitions. 36.303 Indians applying for scholarships. 36.304 Publication of a list of allied health

professions. 36.305 Additional conditions.


RECRUITMENT PROGRAM FOR INDIANS 36.310 Health professions recruitment

grants. 36.311 Eligibility. 36.312 Application. 36.313 Evaluation of grant awards. 36.314 Use of funds. 36.315 Publication of list of grantees and

projects. 36.316 Other HHS regulations that apply.

Subpart |--Contracts Under the Indian Self

Determination Act 36.201 Policy and applicability. 36.202 Effect on existing rights. 36.203 Amendment of regulations. 36.204 Definitions.

CONTRACT PROPOSALS, REVIEW, AND APPEAL 36.205 Eligibility and application. 36.206 Tribal clearances--initial contracts. 36.207 Tribal clearances-renewal contracts. 36.208 Evaluation criteria. 36.209 Government property. 36.210 Submitting contract proposals. 36.211 Contract proposal approval officials. 36.212 Review. 36.213 Processing time. 36.214 Tribal appeals to proposal declina




36.320 Preparatory scholarship grants. 36.321 Eligibility. 36.322 Application and selection. 36.323 Scholarship and tuition. 36.324 Availability of list of recipients.

SUBDIVISION J-4INDIAN HEALTH requirements which are binding upon SCHOLARSHIP PROGRAM

members of the general public. 330 Indian health scholarships.

(46 FR 40692, Aug. 11, 1981. Redesignated at 52 331 Selection.

FR 35048, Sept. 16, 1987) 332 Service obligation. 333 Distribution of scholarships.

Subpart B-What Services are 334 Publication of a list of recipients.


to Recelve Care? ALLOWANCES .340 Provision of continuing education al

8 36.10 Definitions. lowances.

As used in this subpart: SUBDIVISION J-6_CONTRACTS WITH URBAN Appropriate ordering official means, INDIAN ORGANIZATIONS

unless otherwise specified by contract

with the health care facility or pro1.350 Contracts with Urban Indian organi

vider or by a contract with a tribe or zations. 3.351 Application and selection.

tribal organization, the ordering offl3.352 Fair and uniform provision of serv

cial for the Service Unit in which the ices.

individual requesting contract health 6.353 Reports and records.

services or on whose behalf the services

are requested, resides. SUBDIVISION J-7-LEASES WITH INDIAN TRIBES Area Director means the Director of 6.360 Leases with Indian tribes.

an Indian Health Service Area Office

designated for purposes for administraSUBDIVISION J-&HEALTH PROFESSIONS tion of Indian Health Service ProPREGRADUATE SCHOLARSHIP PROGRAM FOR

grams. INDIANS

Contract health services means health 36.370 Pregraduate scholarship grants.

services pr ided at the expense of the 36.371 Eligibility.

Indian Health Service from public or 36.372 Application and selection.

private medical or hospital facilities 36.373 Scholarship and tuition.

other than those of the Service or 36.374 Availability of list of recipients. those funded by the Service.

AUTHORITY: Sec. 3, 68 Stat. 674; 42 U.S.C. Emergency means any medical condi2003, 42 Stat. 208, sec. 1, 68 Stat. 674; 25 U.S.C. tion for which immediate medical at13, 42 U.S.C. 2001, unless otherwise noted. tention is necessary to prevent the

death or serious impairment of the Subpart A-Purpose

health of an individual.

Health Service Delivery Area means a 836.1 Purpose of the regulations. geographic area designated pursuant to

$36.15 of this subpart. These regulations establish general principles and program requirements

Indian tribe means any Indian tribe, for carrying out the Indian health pro

band, nation, or other organized group

or community, including any Alaska gram.

* Native village or regional or village (46 FR 40692, Aug. 11, 1981. Redesignated at 52 corporation as defined in or established FR 35048, Sept. 16, 1987)

pursuant to the Alaska Native Claims

Settlement Act, 43 U.S.C. 1601 et. seq., $36.2 Administrative instructions.

which is recognized as eligible for the The Service periodically issues ad- special programs and services provided ministrative instructions to its officers by the United States to Indians beand employees which are primarily cause of their status as Indians. found in the Indian Health Service Reservation means any Federally recManual and the Area Office and Pro- ognized Indian tribe's reservation, gram Office supplements. These in- Pueblo, or colony, including former structions are operating procedures to reservations in Oklahoma, Alaska Naassist officers and employees in carry- tive regions established pursuant to ing out their responsibilities, and are the Alaska Native Claims Settlemer not regulations establishing program Act (43 U.S.C. 1601 et seq.), and In

« PreviousContinue »