Indian Health Service United States Public Health Service Commissioned Corps Officers Detailed to Indian Self-Determination and Education Assistance Act Contractors and Compactors

Refer to: OHR

1. PURPOSE.  This circular provides a statement of policy regarding the United States (U.S.) Public Health Service (PHS) Commissioned Corps Officers (Officer(s)) assigned to the Indian Health Service (IHS) and then detailed to Indian Self-Determination and Education Assistance Act (ISDEAA) contractors and compactors. For purposes of this policy, Tribal Health Programs (THPs) are defined as ISDEAA contractors and compactors.
2. AUTHORITY.  42 U.S.C. § 2004b
3. POLICY.  Officers can be detailed to a THP upon the mutual agreement of the IHS and the Tribe or Tribal organization (T/TO) operating the THP.  Such details shall be memorialized via a Memorandum of Agreement (MOA) signed by the IHS and the T/TO.  The Officer continues to be an asset of the PHS while detailed to the THP.
   1. If a T/TO requests to terminate the MOA, the IHS will take such steps as are necessary to reassign the Officer as soon as possible and, to the extent feasible, will work with the T/TO to discontinue services provided by the Officer in the least disruptive manner consistent with Federal law; the IHS policy; and the MOA. The Officer whose MOA is terminated would be provided the opportunity to be assigned to a position beyond the Officer’s current local Service Unit or Area, but still within the Agency if the two-year rule (see Part 7, Chapter 9, "Two Year Rule," Indian Health Manual) has not been met.  If the Officer whose MOA is terminated has met the two-year assignment requirement, the Officer may also request a transfer outside of the Agency.
   2. All costs pertaining to the detail of the Officer are the responsibility of the T/TO in accordance with Federal law, the IHS policy, and the terms of the MOA until the Officer is reassigned.  
   3. The MOAs that authorize the detailing of Officers are independent of ISDEAA agreements. Funding associated with the MOAs used to reimburse the IHS for the costs of the services of the Officer may be paid from ISDEAA funding, but the MOA is not to be included in ISDEAA contracts and compacts. 
   4. The MOA shall remain in place for the duration of the detail or assignment and must be updated periodically to reflect legal requirements and requirements of the Department of Health and Human Services pertaining to the PHS Commissioned Corps or the management of Officers.
4. PROCEDURE.  Requests for a new assignment or the termination of an assignment of an Officer must be submitted to the Area Director, in writing by the T/TO. 
   1. A request for the assignment of an Officer to a THP occurs upon the T/TO’s selection of an Officer to a THP position.
   2. Upon selection, the T/TO should provide the name of the requested Officer, a copy of the position description, an official/formal offer notification to the Officer, the Officer’s resume and/or curriculum vitae, and a THP point of contact.
   3. The IHS will provide a copy of the MOA to the requesting program for signature by both the IHS and the T/TO.
   4. A PHS-1662 “Request for Personnel Action for Commissioned Officer” will be completed by the IHS Office of Human Resources Division of Commissioned Personnel Support (DCPS) and submitted to Commissioned Corps Headquarters (CCHQ).
   5. Officer cost/salary updates are determined by CCHQ. An official copy of the signed MOA should also be maintained by the appropriate Area Office and provided to the Officer until they leave the assignment. A courtesy copy of the signed MOA will be maintained with DCPS. The DCPS will not release the PHS-1662 to CCHQ for processing until the signed MOA is received.
   6. Requests for termination of a MOA shall follow the terms of the MOA and subsequent related actions will be taken as procedurally and expeditiously feasible.
   7. Inquiries regarding the conversion of a current civilian employee from a THP to an Officer should be made to the DCPS Regional Liaison to discuss requirements and eligibility. For additional information or clarification, please contact the Division of Commissioned Personnel Support, Office of Human Resources.
5. SUPERSEDURE.  This IHS Circular supersedes IHS Circular No. 82-08 dated December 20, 1982.
6. EFFECTIVE DATE.  This IHS Circular is effective upon the date of signature.

/Roselyn Tso/
Roselyn Tso
Director
Indian Health Service

Distribution: IHS-wide
Date:11/04/2024