[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3378 Enrolled Bill (ENR)]
H.R.3378
One Hundred Fourth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, one thousand nine hundred and ninety-six
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; REFERENCE.
(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); and
(iii) by striking the period at the end of clause (iv)
and inserting ``; or'';
(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''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.