[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3378 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
September 19, 1996.
Resolved, That the bill from the House of Representatives (H.R.
3378) entitled ``An Act to amend the Indian Health Care Improvement Act
to extend the demonstration program for direct billing of Medicare,
Medicaid, and other third party payors.'', do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; REFERENCES.
(a) Short Title.--This Act may be cited as the ``Indian Health Care
Improvement Technical Corrections Act of 1996''.
(b) References.--Whenever in this Act an amendment or repeal is
expressed in terms of an amendment to or repeal of a section or other
provision, the reference shall be considered to be made to a section or
other provision of the Indian Health Care Improvement Act.
SEC. 2. TECHNICAL CORRECTIONS IN THE INDIAN HEALTH CARE IMPROVEMENT
ACT.
(a) Definition of Health Profession.--Section 4(n) (25 U.S.C.
1603(n)) is amended--
(1) by inserting ``allopathic medicine,'' before ``family
medicine''; and
(2) by striking ``and allied health professions'' and
inserting ``an allied health profession, or any other health
profession''.
(b) Indian Health Professions Scholarships.--Section 104(b) of the
Indian Health Care Improvement Act (25 U.S.C. 1613a(b)) is amended--
(1) in paragraph (3)--
(A) in subparagraph (A)--
(i) by striking the matter preceding clause
(i) and inserting the following:
``(3)(A) The active duty service obligation under a written
contract with the Secretary under section 338A of the Public Health
Service Act (42 U.S.C. 254l) that an individual has entered into under
that section shall, if that individual is a recipient of an Indian
Health Scholarship, be met in full-time practice, by service--'';
(ii) by striking ``or'' at the end of
clause (iii);
(iii) by striking the period at the end of
clause (iv) and inserting ``; or''; and
(iv) by adding at the end the following new
clause:
``(v) in an academic setting (including a program that
receives funding under section 102, 112, or 114, or any other
academic setting that the Secretary, acting through the
Service, determines to be appropriate for the purposes of this
clause) in which the major duties and responsibilities of the
recipient are the recruitment and training of Indian health
professionals in the discipline of that recipient in a manner
consistent with the purpose of this title, as specified in
section 101.'';
(B) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively;
(C) by inserting after subparagraph (A) the
following new subparagraph:
``(B) At the request of any individual who has entered into a
contract referred to in subparagraph (A) and who receives a degree in
medicine (including osteopathic or allopathic medicine), dentistry,
optometry, podiatry, or pharmacy, the Secretary shall defer the active
duty service obligation of that individual under that contract, in
order that such individual may complete any internship, residency, or
other advanced clinical training that is required for the practice of
that health profession, for an appropriate period (in years, as
determined by the Secretary), subject to the following conditions:
``(i) No period of internship, residency, or other advanced
clinical training shall be counted as satisfying any period of
obligated service that is required under this section.
``(ii) The active duty service obligation of that
individual shall commence not later than 90 days after the
completion of that advanced clinical training (or by a date
specified by the Secretary).
``(iii) The active duty service obligation will be served
in the health profession of that individual, in a manner
consistent with clauses (i) through (v) of subparagraph (A).'';
(D) in subparagraph (C), as so redesignated, by
striking ``prescribed under section 338C of the Public
Health Service Act (42 U.S.C. 254m) by service in a
program specified in subparagraph (A)'' and inserting
``described in subparagraph (A) by service in a program
specified in that subparagraph''; and
(E) in subparagraph (D), as so redesignated--
(i) by striking ``Subject to subparagraph
(B),'' and inserting ``Subject to subparagraph
(C),''; and
(ii) by striking ``prescribed under section
338C of the Public Health Service Act (42
U.S.C. 254m)'' and inserting ``described in
subparagraph (A)'';
(2) in paragraph (4)--
(A) in subparagraph (B), by striking the matter
preceding clause (i) and inserting the following:
``(B) the period of obligated service described in
paragraph (3)(A) shall be equal to the greater of--''; and
(B) in subparagraph (C), by striking ``(42 U.S.C.
254m(g)(1)(B))'' and inserting ``(42 U.S.C.
254l(g)(1)(B))''; and
(3) in paragraph (5), by adding at the end the following
new subparagraphs:
``(C) Upon the death of an individual who receives an Indian Health
Scholarship, any obligation of that individual for service or payment
that relates to that scholarship shall be canceled.
``(D) The Secretary shall provide for the partial or total waiver
or suspension of any obligation of service or payment of a recipient of
an Indian Health Scholarship if the Secretary determines that--
``(i) it is not possible for the recipient to meet that
obligation or make that payment;
``(ii) requiring that recipient to meet that obligation or
make that payment would result in extreme hardship to the
recipient; or
``(iii) the enforcement of the requirement to meet the
obligation or make the payment would be unconscionable.
``(E) Notwithstanding any other provision of law, in any case of
extreme hardship or for other good cause shown, the Secretary may
waive, in whole or in part, the right of the United States to recover
funds made available under this section.
``(F) Notwithstanding any other provision of law, with respect to a
recipient of an Indian Health Scholarship, no obligation for payment
may be released by a discharge in bankruptcy under title 11, United
States Code, unless that discharge is granted after the expiration of
the 5-year period beginning on the initial date on which that payment
is due, and only if the bankruptcy court finds that the nondischarge of
the obligation would be unconscionable.''.
(c) California Contract Health Services Demonstration Program.--
Section 211(g) (25 U.S.C. 1621j(g)) is amended by striking ``1993,
1994, 1995, 1996, and 1997'' and inserting ``1996 through 2000''.
(d) Extension of Certain Demonstration Program.--Section 405(c)(2)
(25 U.S.C. 1645(c)(2)) is amended by striking ``September 30, 1996''
and inserting ``September 30, 1998''.
(e) Gallup Alcohol and Substance Abuse Treatment Center.--Section
706(d) (25 U.S.C. 1665e(d)) is amended to read as follows:
``(d) Authorization of Appropriations.--There are authorized to be
appropriated, for each of fiscal years 1996 through 2000, such sums as
may be necessary to carry out subsection (b).''.
(f) Substance Abuse Counselor Education Demonstration Program.--
Section 711(h) (25 U.S.C. 1665j(h)) is amended by striking ``1993,
1994, 1995, 1996, and 1997'' and inserting ``1996 through 2000''.
(g) Home and Community-Based Care Demonstration Program.--Section
821(i) (25 U.S.C. 1680k(i)) is amended by striking ``1993, 1994, 1995,
1996, and 1997'' and inserting ``1996 through 2000''.
Attest:
Secretary.
104th CONGRESS
2d Session
H. R. 3378
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