---
kind: "section"
citation: "25 U.S.C. § 1647a"
title: "25"
title_heading: "Indians"
number: "1647a"
heading: "Nondiscrimination under Federal health care programs in qualifications for reimbursement for services"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/25/1647a"
units:
  - "Chapter 18 — Indian Health Care"
  - "Subchapter III–A — Access to Health Services"
---

# §1647a. Nondiscrimination under Federal health care programs in qualifications for reimbursement for services

- (a) **Requirement to satisfy generally applicable participation requirements—**
  - (1) **In general—** A Federal health care program must accept an entity that is operated by the [Service](/usc/25/1603.md?p=18), an [Indian tribe](/usc/25/1603.md?p=14), [tribal organization](/usc/25/1603.md?p=26), or [urban Indian organization](/usc/25/1603.md?p=29) as a provider eligible to receive payment under the program for health care [services](/usc/25/1603.md?p=18) furnished to an [Indian](/usc/25/1603.md?p=13) on the same basis as any other provider qualified to participate as a provider of health care [services](/usc/25/1603.md?p=18) under the program if the entity meets generally applicable State or other requirements for participation as a provider of health care [services](/usc/25/1603.md?p=18) under the program.
  - (2) **Satisfaction of State or local licensure or recognition requirements—** Any requirement for participation as a provider of health care [services](/usc/25/1603.md?p=18) under a Federal health care program that an entity be licensed or recognized under the State or local law where the entity is located to furnish health care [services](/usc/25/1603.md?p=18) shall be deemed to have been met in the case of an entity operated by the [Service](/usc/25/1603.md?p=18), an [Indian tribe](/usc/25/1603.md?p=14), [tribal organization](/usc/25/1603.md?p=26), or [urban Indian organization](/usc/25/1603.md?p=29) if the entity meets all the applicable standards for such licensure or recognition, regardless of whether the entity obtains a license or other documentation under such State or local law. In accordance with [section 1621t of this title](/usc/25/1621t.md), the absence of the licensure of a health professional employed by such an entity under the State or local law where the entity is located shall not be taken into account for purposes of determining whether the entity meets such standards, if the professional is licensed in another State.
- (b) **Application of exclusion from participation in Federal health care programs—**
  - (1) **Excluded entities—** No entity operated by the [Service](/usc/25/1603.md?p=18), an [Indian tribe](/usc/25/1603.md?p=14), [tribal organization](/usc/25/1603.md?p=26), or [urban Indian organization](/usc/25/1603.md?p=29) that has been excluded from participation in any Federal health care program or for which a license is under suspension or has been revoked by the State where the entity is located shall be eligible to receive payment or reimbursement under any such program for health care [services](/usc/25/1603.md?p=18) furnished to an [Indian](/usc/25/1603.md?p=13).
  - (2) **Excluded individuals—** No individual who has been excluded from participation in any Federal health care program or whose State license is under suspension shall be eligible to receive payment or reimbursement under any such program for health care [services](/usc/25/1603.md?p=18) furnished by that individual, directly or through an entity that is otherwise eligible to receive payment for health care [services](/usc/25/1603.md?p=18), to an [Indian](/usc/25/1603.md?p=13).
  - (3) **Federal health care program defined—** In this subsection, the term,[^1] “Federal health care program” has the meaning given that term in [section 1320a–7b(f) of title 42](/usc/42/1320a–7b.md?p=f), except that, for purposes of this subsection, such term shall include the health insurance program under chapter 89 of title 5.
- (c) **Related provisions—** For provisions related to nondiscrimination against providers operated by the [Service](/usc/25/1603.md?p=18), an [Indian tribe](/usc/25/1603.md?p=14), [tribal organization](/usc/25/1603.md?p=26), or [urban Indian organization](/usc/25/1603.md?p=29), see section 1320b–9(c)[^2] of title 42.

## Footnotes

[^1]: So in original. The comma probably should not appear.
[^2]: See References in Text note below.

## Source credit

(Pub. L. 94–437, title IV, § 408, as added Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)

## Notes

### Editorial Notes

### References in Text

Section 1320b–9 of title 42, referred to in subsec. (c), relates to improved access to, and delivery of, health care for Indians under subchapters XIX and XXI of chapter 7 of Title 42, The Public Health and Welfare. Subsec. (c) of section 1320b–9 of Title 42 contains definitions of terms.

### Codification

Section 408 of Pub. L. 94–437 is based on section 156 of title I of S. 1790, One Hundred Eleventh Congress, as reported by the Committee on Indian Affairs of the Senate in Dec. 2009, which was enacted into law by section 10221(a) of Pub. L. 111–148.