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From the U.S. House of Representatives Downloadable U.S. Code
[Laws in effect as of January 5, 1999]

[CITE: 42USC238m]

    Part B - Miscellaneous Provisions
    Sec. 238m. Use of fiscal agents
    (a) Contracting authority
      The Secretary may enter into contracts with fiscal agents -
        (1)(A) to determine the amounts payable to persons who, on
      behalf of the Indian Health Service, furnish health services to
      eligible Indians,
        (B) to determine the amounts payable to persons who, on behalf
      of the Public Health Service, furnish health services to
      individuals pursuant to section 247d or 249 of this title,
        (2) to receive, disburse, and account for funds in making
      payments described in paragraph (1),
        (3) to make such audits of records as may be necessary to
      assure that these payments are proper, and
        (4) to perform such additional functions as may be necessary to
      carry out the functions described in paragraphs (1) through (3).
    (b) Contracting prerequisites
      (1) Contracts under subsection (a) of this section may be entered
    into without regard to section 5 of title 41 or any other provision
    of law requiring competition.
      (2) No such contract shall be entered into with an entity unless
    the Secretary finds that the entity will perform its obligations
    under the contract efficiently and effectively and will meet such
    requirements as to financial responsibility, legal authority, and
    other matters as he finds pertinent.
    (c) Advances under contracts
      A contract under subsection (a) of this section may provide for
    advances of funds to enable entities to make payments under the
    (d) Applicable statutory provisions
      Subsections (d) and (e) of section 1395u of this title shall
    apply to contracts with entities under subsection (a) of this
    section in the same manner as they apply to contracts with carriers
    under that section.
    (e) ''Fiscal agent'' defined
      In this section, the term ''fiscal agent'' means a carrier
    described in section 1395u(f)(1) of this title and includes, with
    respect to contracts under subsection (a)(1)(A) of this section, an
    Indian tribe or tribal organization acting under contract with the
    Secretary under the Indian Self-Determination Act (Public Law
    93-638) (25 U.S.C. 450f et seq.).
    (July 1, 1944, ch. 373, title II, Sec. 244, formerly title XXI,
    Sec. 2116, as added Pub. L. 99-272, title XVII, Sec. 17003, Apr. 7,
    1986, 100 Stat. 359; renumbered title XXIII, Sec. 2316, Pub. L.
    99-660, title III, Sec. 311(a), Nov. 14, 1986, 100 Stat. 3755;
    renumbered title XXV, Sec. 2514, Pub. L. 100-607, title II, Sec.
    201(1), (3), Nov. 4, 1988, 102 Stat. 3062, 3063; renumbered title
    XXVI, Sec. 2614, Pub. L. 100-690, title II, Sec. 2620(a), Nov. 18,
    1988, 102 Stat. 4244; renumbered title XXVII, Sec. 2714, Pub. L.
    101-381, title I, Sec. 101(1), (2), Aug. 18, 1990, 104 Stat. 576;
    renumbered title II, Sec. 244, Pub. L. 103-43, title XX, Sec.
    2010(a)(1)-(3), June 10, 1993, 107 Stat. 213.)
                             REFERENCES IN TEXT
      The Indian Self-Determination Act, referred to in subsec. (e), is
    title I of Pub. L. 93-638, Jan. 4, 1975, 88 Stat. 2206, as amended,
    which is classified principally to part A (Sec. 450f et seq.) of
    subchapter II of chapter 14 of Title 25, Indians. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 450 of Title 25 and Tables.
      Section was classified to section 300aaa-13 of this title prior
    to renumbering by Pub. L. 103-43, to section 300cc-15 of this title
    prior to renumbering by Pub. L. 100-607, and to section 300aa-15 of
    this title prior to renumbering by Pub. L. 99-660.

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