[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2738 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2738

To provide for the reimbursement under the medicaid program under title 
 XIX of the Social Security Act of nursing facilities that are located 
  on an Indian reservation in the State of South Dakota and owned or 
   operated by an Indian tribe or tribal organization, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 17, 2002

  Mr. Johnson (for himself and Mr. Daschle) introduced the following 
  bill; which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
To provide for the reimbursement under the medicaid program under title 
 XIX of the Social Security Act of nursing facilities that are located 
  on an Indian reservation in the State of South Dakota and owned or 
   operated by an Indian tribe or tribal organization, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``South Dakota Tribal Nursing 
Facilities Act of 2002''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress makes the following findings:
            (1) The highest rate of poverty in South Dakota occurs on 
        Indian reservations.
            (2) According to the 2000 United States Census, nine 
        counties that encompass Indian reservations are among the 100 
        poorest counties in the United States.
            (3) There are no nursing facilities on the Indian 
        reservations in South Dakota.
            (4) The lack of nursing facilities on the larger Indian 
        reservations is a barrier that prevents Indian elders from 
        accessing long-term health care.
            (5) The elderly poor constitute a growing portion of the 
        membership of the Indian tribes and tribal organizations of 
        South Dakota.
            (6) The great distances between Indian reservations and 
        off-reservation nursing facilities--
                    (A) deter the Indian elderly from using such 
                facilities; and
                    (B) if the Indian elderly do use such facilities, 
                prevent visitation from family and relatives that is 
                essential to the well-being of the Indian elderly.
            (7) There is a critical need for nursing facilities on the 
        Indian reservations located in South Dakota to meet the elderly 
        and assisted-living needs of tribal members.
            (8) A South Dakota law imposes a moratorium on the 
        licensing of new nursing facilities in the State.
            (9) The medicaid program requires State licensure of 
        nursing facilities to qualify such facility for reimbursement 
        for care provided to individuals eligible for medical 
        assistance under such program.
            (10) The impact of the South Dakota moratorium on nursing 
        facility licensure and the requirements of the medicaid program 
        prevent Indian tribes and tribal organizations in South Dakota 
        from developing and operating these badly needed facilities on 
        Indian reservations.
            (11) It is the responsibility and goal of the United 
        States, in the fulfillment of its responsibility to provide and 
        facilitate adequate health care for elderly and needy members 
        of Indian tribes and tribal organizations, to protect the right 
        of Indian tribes and tribal organizations to provide nursing 
        facilities for those members.
    (b) Purposes.--The purposes of this Act are, notwithstanding any 
impediment imposed by State law--
            (1) to facilitate the development and operation of nursing 
        facilities that are owned or operated by an Indian tribe or 
        tribal organization on Indian reservations that are located in 
        the State of South Dakota; and
            (2) to protect the right of members of Indian tribes and 
        tribal organizations to access health care provided by nursing 
        facilities in the exercise of those members' entitlement to 
        medical assistance under the medicaid program.

SEC. 3. ELIGIBILITY OF CERTAIN NURSING FACILITIES FOR REIMBURSEMENT 
              UNDER THE MEDICAID PROGRAM.

    (a) In General.--Notwithstanding any provision of title XIX of the 
Social Security Act (42 U.S.C. 1396 et seq.), an applicable nursing 
facility shall be eligible for reimbursement for medical assistance 
provided under such title and shall be deemed to be a facility of the 
Indian Health Service for purposes of the third sentence of section 
1905(b) of such Act (42 U.S.C. 1396d(b)) if and for so long as--
            (1) the facility meets all of the conditions and 
        requirements which are applicable generally to such facilities 
        under such title (other than any State requirement relating to 
        the operation of such a facility under such title); and
            (2) has in effect a plan approved under subsection (b)(2).
    (b) Submission and Approval of Plans.--
            (1) Submission.--An Indian tribe or tribal organization 
        that desires an applicable nursing facility to be reimbursed 
        through the operation of this section shall submit a plan to 
        the Secretary at such time, in such manner, and containing such 
        information as the Secretary may specify, including evidence 
        that--
                    (A) such facility is licensed by the Indian tribe 
                or tribal organization; and
                    (B) the State, the Indian tribe, or the tribal 
                organization has agreed to perform the functions of the 
                State under section 1919 of the Social Security Act (42 
                U.S.C. 1396r).
            (2) Approval.--Not later than the date that is 90 days 
        after the date on which a plan is submitted under paragraph 
        (1), the Secretary shall approve or disapprove such plan or 
        shall notify the facility of the additional information needed 
        for approval or disapproval.
    (c) Definitions.--In this section:
            (1) Applicable nursing facility.--The term ``applicable 
        nursing facility'' means an existing or planned nursing 
        facility (as defined in section 1919(a) of the Social Security 
        Act (42 U.S.C. 1396r(a))) that--
                    (A) is owned or operated by an Indian tribe or 
                tribal organization;
                    (B) is located (or will be located) in the State of 
                South Dakota; and
                    (C) is not able to obtain a State license only as a 
                result of a State imposed moratorium on the issuance of 
                such licenses.
            (2) Indian tribe and tribal organization.--The terms 
        ``Indian tribe'' and ``tribal organization'' have the meanings 
        given such terms under section 4 of the Indian Health Care 
        Improvement Act.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.
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