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U.S. Department of Health and Human Services
Indian Health Manual

IHS Commissioned Corps Officers Assigned to Tribal or Native Corporation Health Facilities by Memorandum of Agreement under PL 93-638

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Public Health Service
Health Resources and Services Administration
Indian Health Service
Rockville, Maryland 20857

INDIAN HEALTH SERVICE CIRCULAR NO. 82-08

Effective Date:  December 20, 1982

INDIAN HEALTH SERVICE COMMISSIONED CORPS OFFICERS
ASSIGNED TO TRIBAL OR NATIVE CORPORATION HEALTH FACILITIES
BY A MEMORANDUM OF AGREEMENT UNDER P.L. 93-638

  1. PURPOSE.  The purpose of this circular is to provide a statement of policy regarding Commissioned Corps Officers assigned to Tribal and Native Corporation Health Facilities under P.L. 93-638 by Memorandum of Agreement.

  2. BACKGROUND.  The IHS can assign Commissioned Corps Officers to Tribal and Native Health Corporations that receive contracts under P.L. 93-638 by a Memorandum of Agreement signed by the IHS and the Tribal or Native Corporation.  The Commissioned Corps Officer continues to be an employee of the IHS and is assigned to the Tribe or Native Corporation Health Facility while occupying an IHS position.  The amount of funds provided for support (as specified in the Memorandum of Agreement) of the assignment is not included in the estimated cost of the contract and remains in the IHS budget.

  3. POLICY.  Before an assignment of a Commissioned Corps Officer to a Tribe or Native Corporation Health Facility is made, the Area/Program position from which the assignment of the Commissioned Corps Officer is to be made must have been filled by that officer.  In addition, the Area/Program must have alternate plans to cover the possible return of the officer to the Area/Program, i.e., position and salary for the officer.  This may occur in the event the Tribe or Native Corporation no longer requires the services of the officer, or if the Tribe or Corporation requests that the officer no longer be assigned to them.

    The Area/Program must be able to reassign the officer within that Area/Program, or be able to arrange the reassignment of the officer within the IHS or PHS within a reasonable period of time, i.e., 60 days.

  4. PROCEDURE.  With the submission of the completed PHS 1662 "Request for Personnel Action for Commissioned Officer" to the respective Headquarters Branch Chief, i.e., Nursing, Pharmacy, Dental, Physician Recruitment, etc., assigning the Commissioned Corps Officer to the Tribal or Native Corporation Health Facility, a memorandum must be attached signed by the Area/Program Director.  The memorandum shall state that a position and funds will be made available in that Area/Program for the reassignment of the Commissioned Corps Officer in the event the Tribe or Native Corporation requests the removal of the officer, or the professional needs of the Commissioned Officer are no longer necessary.

    The memorandum will be maintained in the officer's Headquarters station file maintained by the Headquarters Branch Chief.  The Headquarters Branch Chief will not release the PHS 1662 to the Commissioned Personnel Operations Division for processing until the signed memorandum is received.

    A copy of the signed memorandum should also be maintained by the appropriate Area Branch Chief until the Commissioned Corps Officer leaves the assignment.

    For additional information or clarification, please contact the Physician Recruitment Branch, Commissioned Corps Coordinator, FTS 8-443-4243, Rockville, Maryland.

  5. SUPERSESSION.  This circular supersedes IHS Circular No. 82-5 dated July 9, 1982.

/Everett R. Rhoades, M.D./
Everett R. Rhoades, M.D.
Assistant Surgeon General
Director, Indian Health Service

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