U.S. Code > Title 25 Indians > CHAPTER 18—INDIAN HEALTH CARE (§§ 1601—1683) > SUBCHAPTER II—HEALTH SERVICES (§§ 1621—1622) > § 1621e. Reimbursement from certain third parties of costs of health services

§ 1621e. Reimbursement from certain third parties of costs of health services

(a) Right of recovery
Except as provided in subsection (f) of this section, the United States, an Indian tribe, or a tribal organization shall have the right to recover the reasonable expenses incurred by the Secretary, an Indian tribe, or a tribal organization in providing health services, through the Service, an Indian tribe, or a tribal organization, to any individual to the same extent that such individual, or any nongovernmental provider of such services, would be eligible to receive reimbursement or indemnification for such expenses if—
(1) such services had been provided by a nongovernmental provider, and
(2) such individual had been required to pay such expenses and did pay such expenses.
(b) Recovery against State with workers’ compensation laws or no-fault automobile accident insurance program
Subsection (a) of this section shall provide a right of recovery against any State only if the injury, illness, or disability for which health services were provided is covered under—
(1) workers’ compensation laws, or
(2) a no-fault automobile accident insurance plan or program.
(c) Prohibition of State law or contract provision impeding right of recovery
No law of any State, or of any political subdivision of a State, and no provision of any contract entered into or renewed after November 23, 1988, shall prevent or hinder the right of recovery of the United States, an Indian tribe, or a tribal organization under subsection (a) of this section.
(d) Right to damages
No action taken by the United States, an Indian tribe, or a tribal organization to enforce the right of recovery provided under subsection (a) of this section shall affect the right of any person to any damages (other than damages for the cost of health services provided by the Secretary through the Service).
(e) Intervention or separate civil action
The United States, an Indian tribe, or a tribal organization may enforce the right of recovery provided under subsection (a) of this section by—
(1) intervening or joining in any civil action or proceeding brought—
(A) by the individual for whom health services were provided by the Secretary, an Indian tribe, or a tribal organization, or
(B) by any representative or heirs of such individual, or
(2) instituting a separate civil action, after providing to such individual, or to the representative or heirs of such individual, notice of the intention of the United States, an Indian tribe, or a tribal organization to institute a separate civil action.
(f) Right of recovery for services when self-insurance plan provides coverage
The United States shall not have a right of recovery under this section if the injury, illness, or disability for which health services were provided is covered under a self-insurance plan funded by an Indian tribe or tribal organization.