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ness, and other valuable papers and documents shall be sent by registered mail (or other safe means).

(c) Persons receiving the money and effects of a patient shall be required to execute an itemized receipt therefor.

the inspection of articles if sold by sealed bid; a statement that the sale is to be held pursuant to the provisions of the regulations in this part, that, if the articles are to be sold by sealed bid, the right to reject all bids is reserved, and that, if otherwise authorized, delivery will be made of effects or proceeds of sales to persons filing claims prior to the sale of effects or prior to the transmittal of proceeds to the Surgeon General.

(c) Time and place of sales. All sales shall be held at reasonable hours and at such places within the station or hospital area as the officer in charge may designate.

(d) Who shall conduct sales. All sales shall be conducted by the officer in charge or by a responsible officer or employee designated by him.

(e) Sale and delivery. All effects offered for sale shall be sold to the highest bidder and delivered to him immediately upon payment of the sale price in cash or by postal money order or certified check and execution of an appropriate receipt by the person to whom delivery is made.

$35.52 Delivery of possession only;

title unaffected. Except for delivery of effects to purchasers at sales held in accordance with $35.49, delivery or deposit under this subpart of the money or effects, or the proceeds of a sale of the effects, of a deceased patient constitutes only a transfer of possession and is not intended to affect in any manner the title to such money, effects, or proceeds.

Subpart E-Contributions for the

Benefit of Patients

AUTHORITY: Sec. 215, 58 Stat. 690, as amended, 63 Stat. 835 (42 U.S.C. 216); sec. 321, 58 Stat. 695, as amended, 62 Stat. 1017 (42 U.S.C. 248).

SOURCE: 42 FR 60742, Nov, 29, 1977, unless otherwise noted.

8 35.50 Disposition of unsold effects.

The officer in charge shall dispose of effects offered for sale but remaining unsold in such manner as he considers to be proper, but, if practicable, such effects shall be used for the benefit of other patients of the Service. 8 35.51 Manner of delivery; costs, re

ceipts. (a) If a person entitled under this subpart to receive the money and effects of a patient is unable to take possession thereof at the station or hospital, they shall be sent to him at the expense of the United States in the most economical manner available. The records of the station or hospital shall show the names and addresses of persons to whom money or effects have been sent, the date of sending, the means used, an itemized list of the money or effects sent, and a statement by a witnessing officer or employee verifying the foregoing from his own observation.

(b) If not delivered personally by an authorized officer or employee of the Service, money, evidences of indebted

$35.61 Applicability.

This subpart sets forth the policies and procedures governing the acceptance and administration of contributions of money or property intended solely for the benefit of all patients in a ward or unit or a particular hospital or station of the Public Health Service, excluding outpatient clinics. Such contributions are distinguishable from (a) monies or other valuables belonging to specific patients which are accepted and held in custody for the convenience of the patient until such time as he or she wishes to withdraw them, and (b) gifts to the United States to support Public Health Service functions under section 501 of the Public Health Service Act or other statutory provisions, which may be accepted and administered only in accordance with such statutory provisions or other applicable laws.

8 35.62 Acceptance of contributions.

(a) The officer in charge of a hospital or station or his delegate may accept contributions of money or personal property which are donated for the general benefit of all patients within the hospital or station (or a ward or unit thereof) without further specification or conditions as to use. Contributions tendered subject to conditions by the donor, such as expenditure or use only on behalf of certain patients or for specific purposes, may not be accepted.

(b) Contribution of money or property shall be accepted in writing. $35.63 Report of and accounting for

contributions. (a) Contributions of money accepted pursuant to $35.62 (hereinafter referred to as “patient fund”) will be treated consistently with Federal deposit rules and as supplemented with appropriate procedures of the facility. This regulation is not intended to exclude contributions for the benefit of patients from proper accountability and control of funds and property.

(b) Contributions of property accepted pursuant to $35.62 shall be recorded and accounted for in the same manner as other property of a similar kind maintained in the hospital or station, but with suitable identification so that it can be distinguished from government-owned property.

may obligate and expend monies from the patient fund. The names of officials so designated shall be provided to the relevant fiscal control office.

(c) Subject to availability of sufficient funds, monies in the patient fund may be expended for materials, services or activities which contribute to the well-being or morale of patients, including but not limited to provision of reading and entertainment materials, recreation activities, and, in appropriate cases, necessary financial support (including travel expenses, meals, and lodging) of relatives, guardians, or friends of patients to enable such persons to be available for the patient's comfort and support.

(d) Officers in charge may issue such additional instructions, not inconsistent with this subpart, as may be necessary to implement its provisions.


Subpart A-Purpose and Definitions

Sec. 36.1 Definitions. 36.2 Purpose of the regulations. 36.3 Administrative instructions.

Subpart B-What Services Are Available

and Who Is Eligible To Receive Care

36.11 Services available. 36.12 Persons to whom services will be pro

vided. 36.13 [Reserved) 36.14 Care and treatment of ineligible indi


Subpart C-Contract Health Services

835.64 Donors.

Authorized contributions may be accepted from patients, employees and other individuals, and agencies and organizations. 835.65 Acceptable personal property.

Contributions of personal property which may be accepted pursuant to 835.62 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

36.21 Definitions. 36.22 Establishment of contract health serv

ice delivery areas. 36.23 Persons to whom contract health serv

ices will be provided. 36.24 Authorization for contract health

services. 36.25 Reconsideration and appeals.

Subpart D [Reserved)

Subpart E-Preference in Employment

36.41 Definitions. 36.42 Appointment actions. 36.43 Application procedure for preference


Subpart F-Abortions and Related Medical

PROCUREMENT Services in Indian Health Service Fa

36.215 Applicability of regulations. cilities and Indian Health Service Pro- 36.216 Waivers. grams

36.217 Fair and equal treatment of Indian

people. 36.51 Applicability.

36.218 Types of contracts. 36.52 Definitions.

36.219 Term of contract. 36.53 General rule.

36.220 Use of Indian business concerns. 36.54 Life of the mother would be endan- 36.221 Indian preference in training and emgered.

ployment. 36.55 Drugs and devices and termination of

36.222 Indemnity and insurance. ectopic pregnancies.

36.223 Exemption from bonds. 36.56 Recordkeeping requirements.

36.224 Construction and architect-engineer36.57 Confidentiality.

ing contracts.

36.225 Performance of personal services. Subpart G-Residual Status

36.226 Advance payments.

36.227 Recordkeeping, reporting and audit. 36.61 Payor of last resort.

36.228 Availability of information.

36.229 Penalties. Subpart H-Grants for Development, Con

36.230 Contract revisions or amendments. struction, and Operation of Facilities 36.231 Retrocession of cont ct programs. and Services

36.232 Contractor assistance.

36.233 Assumption and reassumption of con36.101 Applicability.

tract programs. 36.102 Definitions.

36.234 Operation of retroceded or reassumed 36.103 Eligibility.

contracts. 36.104 Application.

36.235 Contract funds. 36.105 Project elements.

36.236 Unexpended funds under contract. 36.106 Grant award and evaluation.

36.237 Contract funding and renegotiation. 36.107 Use of project funds. 36.108 [Reserved)

Subpart 1—Indian Health Care 36.109 Availability of appropriations.

Improvement Act Programs 36.110 Facilities construction. 36.111 Interest.

SUBDIVISION J-1-PROVISIONS OF GENERAL 36.112 Additional conditions.

AND SPECIAL APPLICABILITY 36.113 Fair and uniform provision of serv

36.301 Policy and applicability. ices.

36.302 Definitions. 36.114 Applicability of other Department

36.303 Indians applying for scholarships. regulations.

36.304 Publication of a list of allied health 36.115 Rescission of grants.

professions. 36.116 Reports.

36.305 Additional conditions. 36.117 Amendment of regulations. 36.118 Effect on existing rights.


RECRUITMENT PROGRAM FOR INDIANS 36.120 Use of Indian business concerns. 36.121 Indian preference in training and em

36.310 Health professions recruitment ployment.


36.311 Eligibility. Subpart - Contracts Under the Indian Self

36.312 Application.

36.313 Evaluation and grant awards. Determination Act

36.314 Use of funds, 36.201 Policy and applicability.

36.315 Publication of list of grantees and 36.202 Effect on existing rights.

projects. 36.203 Amendment of regulations.

36.316 Other HHS regulations that apply. 36.204 Definitions.



ANS 36.205 Eligibility and application. 36.206 Tribal clearances-initial contracts.

36.320 Preparatory scholarship grants. 36.207 Tribal clearances-renewal contracts.

36.321 Eligibility. 36.208 Evaluation criteria.

36.322 Application and selection. 36.209 Government property.

36.323 Scholarship and tuition. 36.210 Submitting contract proposals.

36.324 Availability of list of recipients. 36.211 Contract proposal approval officials.


SCHOLARSHIP PROGRAM 36.213 Processing time. 36.214 Tribal appeals to proposal declina- 36.330 Indian health scholarships. tions.

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INDIANS 36.370 Pregraduate scholarship grants. 36.371 Eligibility. 36.372 Application and selection. 36.373 Scholarship and tuition. 36.374 Availability of list of recipients.

AUTHORITY: 25 U.S.C. 13; sec. 3, 68 Stat. 674 (42 U.S.C., 2001, 2003); Sec. 1, 42 Stat. 208 (25 U.S.C. 13); 42 U.S.C. 2001, unless otherwise noted.

Subpart A-Purpose and


SOURCE: 64 FR 58319, Oct. 28, 1999, unless otherwise noted.

836.1 Definitions.

When used in this part:

Bureau of Indian Affairs (BIA) means the Bureau of Indian Affairs, Department of the Interior.

Indian includes Indians in the Continental United States, and Indians, Aleuts and Eskimos in Alaska.

Indian health program means the health services program for Indians administered by the Indian Health Seryice within the Department of Health and Human Services.

Jurisdiction has the same geographical meaning as in Bureau of Indian Affairs usage.

Service means the Indian Health Service.

836.11 Services available.

(a) Type of services that may be available. Services for the Indian community served by the local facilities and program may include hospital and medical care, dental care, public health nursing and preventive care (including immunizations), and health examination of special groups such as school children.

(b) Where services are available. Available services will be provided at hospitals and clinics of the Service, and at contract facilities (including tribal facilities under contract with the Service).

(c) Determination of what services are available. The Service does not provide the same health services in each area served. The services provided to any particular Indian community will depend upon the facilities and services available from sources other than the Service and the financial and personnel resources made available to the Seryice.

8 36.12 Persons to whom services will

be provided. (a) In general. Services will be made available, as medically indicated, to persons of Indian descent belonging to the Indian community served by the local facilities and program. Services

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$36.13 [Reserved]

836.14 Care and treatment of ineli.

gible individuals. (a) In case of an emergency, as an act of humanity, individuals not eligible under $ 36.12 may be provided temporary care and treatment in Service facilities.

(b) Charging ineligible individuals. Where the Service Unit Director determines that an ineligible individual is able to defray the cost of care and treatment, the individual shall be charged at rates approved by the Assistant Secretary for Health and Sur. geon General published in the FEDERAL REGISTER. Reimbursement from thirdparty payors may be arranged by the patient or by the Service on behalf of the patient.

Subpart C-Contract Health



SOURCE: 64 FR 58320, Oct. 28, 1999, unless otherwise noted.

will also be made available, as medically indicated, to a non-Indian woman pregnant with an eligible Indian's child but only during the period of her pregnancy through postpartum (generally about 6 weeks after delivery). In cases where the woman is not married to the eligible Indian under applicable state or tribal law, paternity must be acknowledged in writing by the Indian or determined by order of a court of competent jurisdiction. The Service will also provide medically indicated services to non-Indian members of an eligible Indian's household if the medical officer in charge determines that this is necessary to control acute infectious disease or a public health hazard.

(2) Generally, an individual may be regarded as within the scope of the Indian health and medical service program if he/she is regarded as an Indian by the community in which he/she lives as evidenced by such factors as tribal membership, enrollment, residence on tax-exempt land, ownership of stricted property, active participation in tribal affairs, or other relevant factors in keeping with general Bureau of Indian Affairs practices in the jurisdiction.

(b) Doubtful cases. (1) In case of doubt as to whether an individual applying for care is within the scope of the program, the medical officer in charge shall obtain from the appropriate BIA officials in the jurisdiction information that is pertinent to his/her determination of the individual's continuing relationship to the Indian population group served by the local program.

(2) If the applicant's condition is such that immediate care and treatment are necessary, services shall be provided pending identification

Indian beneficiary.

(c) Priorities when funds, facilities, or personnel are insufficient to provide the indicated volume of services. Priorities for care and treatment, as among individuals who are within the scope of the program, will be determined on the basis of relative medical need and access to other arrangements for obtaining the necessary care.

836.21 Definitions.

(a) Alternate resources is defined in $36.61(c) of subpart G of this part.

(b) Appropriate ordering official means, unless otherwise specified by contract with the health care facility or provider, the ordering official for the contract health service delivery area in which the individual requesting contract health services or on whose behalf the services are requested, resides.

(c) Area Director means the Director of an Indian Health Service Area designated for purposes of administration of Indian Health Service programs. (d) Contract health service delivery area

the geographic area within which contract health services will be made available by the IHS to members of an identified Indian community who reside in the area, subject to the provisions of this subpart.

(e) Contract health services means health services provided at the expense of the Indian Health Service from public or private medical or hospital facilities other than those of the Service.




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