§ 11705. Native Hawaiian health care systems
(a)
Comprehensive health promotion, disease prevention, and primary health services
(1)
(A)
The Secretary, in consultation with Papa Ola Lokahi, may make grants to, or enter into contracts with, any qualified entity for the purpose of providing comprehensive health promotion and disease prevention services as well as primary health services to Native Hawaiians.
(B)
In making grants and entering into contracts under this paragraph, the Secretary shall give preference to Native Hawaiian health care systems and Native Hawaiian organizations and, to the extent feasible, health promotion and disease prevention services shall be performed through Native Hawaiian health care systems.
(2)
In addition to paragraph (1), the Secretary may make a grant to, or enter into a contract with, Papa Ola Lokahi for the purpose of planning Native Hawaiian health care systems to serve the health needs of Native Hawaiian communities on each of the islands of O’ahu, Moloka’i, Maui, Hawai’i, Lana’i, Kaua’i, and Ni’ihau in the State of Hawaii.
(b)
Qualified entity
An entity is a qualified entity for purposes of subsection (a)(1) of this section if the entity is a Native Hawaiian health care system.
(c)
Services to be provided
(1)
Each recipient of funds under subsection (a)(1) of this section shall provide the following services:
(B)
education in health promotion and disease prevention of the Native Hawaiian population by, wherever possible, Native Hawaiian health care practitioners, community outreach workers, counselors, and cultural educators;
(2)
In addition to the mandatory services under paragraph (1), the following services may be provided pursuant to subsection (a)(1) of this section:
(A)
identification, treatment, control, and reduction of the incidence of preventable illnesses and conditions endemic to Native Hawaiians;
(B)
collection of data related to the prevention of diseases and illnesses among Native Hawaiians; and
(C)
services within the meaning of the terms “health promotion”, “disease prevention”, and “primary health services”, as such terms are defined in section
11711 of this title, which are not specifically referred to in paragraph (1) of this subsection.
(d)
Limitation of number of entities
During a fiscal year, the Secretary under this chapter may make a grant to, or hold a contract with, not more than 5 Native Hawaiian health care systems.
(e)
Matching funds
(1)
The Secretary may not make a grant or provide funds pursuant to a contract under subsection (a)(1) of this section to a Native Hawaiian health care system—
(A)
in an amount exceeding 83.3 percent of the costs of providing health services under the grant or contract; and
(B)
unless the Native Hawaiian health care system agrees that the Native Hawaiian health care system or the State of Hawaii will make available, directly or through donations to the Native Hawaiian health care system, non-Federal contributions toward such costs in an amount equal to not less than $1 (in cash or in kind under paragraph (2)) for each $5 of Federal funds provided in such grant or contract.
(2)
Non-Federal contributions required in paragraph (1) may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government or services assisted or subsidized to any significant extent by the Federal Government may not be included in determining the amount of such non-Federal contributions.
(f)
Restriction on use of grant and contract funds
The Secretary may not make a grant to, or enter into a contract with, any entity under subsection (a)(1) of this section unless the entity agrees that, amounts received pursuant to such subsection will not, directly or through contract, be expended—
(g)
Limitation on charges for services
The Secretary may not make a grant, or enter into a contract with, any entity under subsection (a)(1) of this section unless the entity agrees that, whether health services are provided directly or through contract—
(h)
Authorization of appropriations