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Indian Health Service: The Federal Health Program for American Indians and Alaska Natives

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Indian Health Manual Delegation of Authority
 
 
 

PROGRAM DELEGATIONS

AUTHORITY DELEGATED TO
1.  ALCOHOL AND SUBSTANCE ABUSE PREVENTION AND TREATMENT ACT OF 1986

D/A for Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986.

Pursuant to the authorities delegated to the Director, IHS, by the Re-Org. of 1/4/88 (52 Federal Register 47503), which elevated IHS to a PHS Agency, the Director, IHS delegates to the Chief Medical Officer the authorities mentioned in the 1/13/06 delegation.

Chief, CMO from Dir. IHS 1/13/06
2.  CONSTRUCTION OF COMMUNITY HOSPITALS

D/A Authorization of Funds to Assist in the Construction of Community Hospitals that will Service both Indians and Non-Indians, as Established by Public Law 85-151

(P.L. 85-151, 42 USC 2005 et. seq.)  Authorize funds for Hospital construction to benefit Indian and non-Indians. Provided to Dir., IHS.

RETAINED BY THE DIRECTOR, IHS

 

3.  HEALTH MAINTENANCE ORGANIZATION ACT OF 1973

Delegation of Authority "Health Maintenance Organization Act of 1973, (Public Law 93-222)." Delegated the authority under 42 United States Code, Section 2001(b), to the Deputy Director, Indian Health Service; and the Deputy Director for Management Operations; Area Directors; Area Deputy Directors; Chief Executive Officers; the Director, Office of Resource Access and Partnerships; and the Director, Division of Contract Care, with the consent of the Indian people served, to contract with private or other non-Federal health agencies or organizations for the provisions of health services to such people on a fee-for-service basis or on a prepayment or other similar basis.

Deputy Director, IHS;
Deputy Director for Management Operations;
Area Directors; Area Deputy Directors;
Chief Executive Officers;
Dir., Division of Resource Access & Partnerships;
and the Director, Division of Contract Care 02/24/06
4.  INDIAN HEALTH CARE IMPROVEMENT ACT

D/A - P.L. 94-437,  The Indian Health Care Improvement Act, P.L.  94-437 25 USC et. seq.

Indian Health Manpower Program; health Services Area Directors for Indians; Health Facilities Program for Indians; Urban Indian Programs; leases with Indian tribes; reports to Congress.

Deputy Director,

Deputy Director for Management Operations;

Deputy Director for Indian Health Policy;

Chief Medical Officer;

Area Directors; and

Office Directors, IHS Headquarters5/25/06
 

5.  REPLACED WITH PROGRAM #15, #16, #17, AND #18

 

CANCELLED
6.  PUBLIC HEALTH SERVICE (PHS) ACT, TITLE III

D/A : Title III, Part D, Subpart II and III of the PHS Act as amended 11/23/88

(Sec. 3381, 42 USC 254r of PHS Act. Also Includes: Sec 331,332,334,335,336,336A,337,338,338A,338B.338C,338D,338E 338G, and the May 12 1983 delegation for 339.) Excludes authority to submit reports to the President and Congress, or appoint members to advisory committees or councils.

Dep Directors, IHS

DHO(11/23/88)

Assoc Dir HPRT, OHP(11/23/88)

Dir Div HPRT, OHP (11/23/88)

7.  PUBLIC HEALTH SERVICE ACT, TITLE XXIII, MISC. GIFTS 

D/A :  Under Section 231 of the PHS Act (42 U.S.C. 238), as amended, to accept conditional and unconditional monetary gifts and gifts of personal property, insofar as they apply to the functions of the IHS.

Deputy Director & Area Directors
(12/17/04)
8.  SANITATION FACILITIES CONSTRUCTION PROJECTS PURSUANT TO INDIAN SANITATION FACILITIES ACT, P.L. 86-121

D/A to delegate authorities under the Indian Sanitation Facilities Act , P.L. 86-121

Deputy Director, IHS; Dep. Dir., Mgmt Ops.;

Dir., OEHE; Dir., DSFC; and Area Directors 04/25/06

9.  STEVENSON-WYDLER TECHNOLOGY TRANSFER ACT OF 1986

D/A: Stevenson-Wydler Technology Transfer Act of 1980 As Amended by the Federal Technology Transfer Act of 1986, P.L. 99-502. Concerns  Inventions; Royalty Payments; Cooperative research and Development Agreements.

Can not be redelegated.

Deputy Director, IHS
(as indicated with restrictions)(11/23/88)
 
 
 
10.  PROGRAM DELEGATION

For Conservation of Health and to ensure a comprehensive health services delivery system for AI/ANs..
 
 
 
 

 

Deputy Director, IHS;

Deputy Director for Indian Health Policy;

Deputy Director for Management Operations;

Chief Medical Officer;

All Office Directors;

All Division Directors;

Area Directors;

Area Deputy Directors;

Area Executive Offiers; and

Chief Executive Officers (05/25/06)

11.  GRANT WAIVERS AND MAKE DEFAULT DETERMINATIONS FOR THE IHS SCHOLARSHIP PROGRAM

 
Chief Medical Officer; Dir. OPHS; Dir., OMS; From Director, IHS 02/03/09  
 
 
12.  ADMINISTRATION OF THE MEDICARE PAYMENT SPECIAL FUND AND THE MEDICAID PAYMENT SPECIAL FUND ESTABLISHED BY THE INDIAN HEALTH CARE IMPROVEMENT ACT, P.L. 94-437 AS AMENDED
 

Deputy Director, IHS;

Deputy Director for Management Operations;

Director, Office of Resource Access & Partnership; and

Area Directors 06/15/06

 

13.  GRANTS AUTHORITY

Grants Administrative Authority Authorized by:(1) Title III, PHS Act; P.L. 93-638; and P.L. 94-437

Deputy Dir. for Mgmt. Ops.; Dir., OMS; Chief, Grants Mgmt. Officer 11/27/06

Senior Grants Mgmt. Officer, to Chief Grants Mgmt Officer, Grants Policy 03/23/07

14.  SIGN IHS EDUCATIONAL LOAN REPAYMENT PROGRAM CONTRACTS

Section 108, P.L. 94-437 "Indian Health Care Improvement Act", as amended

Director to DHO, Dir., OMS; and

Area Directors (8/13/99)

15.  D/A FOR THE INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE ACT, P.L. 93-638, AS AMENDED

P.L. 93-638, as amended, except the authority to promulgate regulations under section 107 and the authority to submit reports to Congress, establish advisory committees or national commissions, and appoint members to such committees or commissions.

Director to DHO; 3/14/96
16.  D/A FOR THE INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE ACT, P.L. 93-638, AS AMENDED

The authority to award contracts, and subsequent modification to contracts pursuant to Title I of P.L. 93-638, as amended. 

Acting DHO to Dir., Alaska Area (3/14/96)
17.  D/A FOR TITLE III OF THE INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE ACT, PUBLIC LAW 93-638, AS AMENDED

Authority to approve amendments to Self-Governance Annual Funding Agreements under Title III of the Indian Self-Determination Act that do not require renegotiation.  Examples of these amendments include:

a.  Amendments to add congressional appropriation
     adjustments.
b.  Amendments to add congressionally mandated
     increases.
c.  Amendments to add third-party reimbursements.
d.  Amendments to add Catastrophic Health Emergency
     Fund distributions.
e.  Amendments to add distributions of year-end funds.

DHO to Dir., OTSG (12/14/98)
18.  D/A RELATED AUTHORITIES UNDER TITLE I, SECTION 103 (b)(2) AND 103(e) OF THE INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE ACT (PUBLIC LAW 93-638, AS AMENDED)

a.  Provide program leadership of the Tribal Management
     Grant Program.
b.  Establish and publish guidelines which include:

i.    Eligibility and establishment of criteria for the types of 
      programs and services.
ii.   Funding Priorities.
iii.  System of objective review of applicants.
iv.  Program specific reports.
v.   Any necessary procedural or substantive requirements
      for the administration of the grant program.

c.  Concur or non-concur with the recommendation of
     Headquarters review panels. 

Dep. Dir. IHP, and Director, OTP, from Director; 02/17/05
19.  DA/ TO REVIEW AND APPROVE TRIBAL REQUESTS FOR INDIAN SELF-DETERMINATION FUNDS EXPIRED 09/30/06

20. D/A SENIOR TRAVEL OFFICIAL

Designates the position of Deputy Director for Management Operations as the Senior Travel Official.

Deputy Director for Managemnt Operations from, Director, IHS (06/25/07)

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Last update: October 22, 2008
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