[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 358 Introduced in Senate (IS)]


109th CONGRESS
  2d Session
S. RES. 358

  Expressing the sense of the Senate that the Secretary of Health and 
 Human Services, acting through the Director of Indian Health Service, 
should maintain the current operating hours of the Wagner Service Unit 
 until the Secretary submits to Congress a new report that accurately 
      describes the current conditions at the Wagner Service Unit.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 30, 2006

Mr. Johnson (for himself and Mr. Thune) submitted the following 
        resolution; which was referred to the Committee on Indian 
        AffairsYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY

_______________________________________________________________________

                               RESOLUTION


 
  Expressing the sense of the Senate that the Secretary of Health and 
 Human Services, acting through the Director of Indian Health Service, 
should maintain the current operating hours of the Wagner Service Unit 
 until the Secretary submits to Congress a new report that accurately 
      describes the current conditions at the Wagner Service Unit.

Whereas the Senate reaffirms the policy that, as provided in section 3(a) of the 
        Indian Health Care Improvement Act (25 U.S.C. 1602(a)), ``it is the 
        policy of this Nation, in fulfillment of its special responsibilities 
        and legal obligation to the American Indian people, to assure the 
        highest possible health status for Indians and urban Indians and to 
        provide all resources necessary to effect that policy.'';
Whereas the Senate reaffirms the finding that, as provided in section 2(a) of 
        the Indian Health Care Improvement Act (25 U.S.C. 1601(a)), ``Federal 
        health services to maintain and improve the health of the Indians are 
        consonant with and required by the Federal Government's historical and 
        unique legal relationship with, and resulting responsibility to, the 
        American Indian people.'';
Whereas the Senate reaffirms the finding that, as provided in section 2(c) of 
        the Indian Health Care Improvement Act (25 U.S.C. 1601(c)), ``Federal 
        health services to Indians have resulted in a reduction in the 
        prevalence and incidence of preventable illnesses among, and unnecessary 
        and premature deaths of, Indians.'';
Whereas the Senate reaffirms the finding that, as provided in section 2(d) of 
        the Indian Health Care Improvement Act (25 U.S.C. 1601(d)), ``Despite 
        such services, the unmet health needs of the American Indian people are 
        severe and the health status of the Indians is far below that of the 
        general population of the United States.'';
Whereas the Senate reaffirms the policy, as provided in section 301(b)(1) of the 
        Indian Health Care Improvement Act (25 U.S.C. 1631(b)(1)), that--

    ``(1) Notwithstanding any provision of law other than this subsection, 
no Service hospital or outpatient health care facility of the Service, or 
any portion of such a hospital or facility, may be closed if the Secretary 
has not submitted to the Congress at least 1 year prior to the date such 
hospital or facility (or portion thereof) is proposed to be closed an 
evaluation of the impact of such proposed closure which specifies, in 
addition to other considerations--

                    ``(A) the accessibility of alternative health care resources 
                for the population served by such hospital or facility;
                    ``(B) the cost effectiveness of such closure;
                    ``(C) the quality of health care to be provided to the 
                population served by such hospital or facility after such 
                closure;
                    ``(D) the availability of contract health care funds to 
                maintain existing levels of service;
                    ``(E) the views of the Indian tribes served by such hospital 
                or facility concerning such closure;
                    ``(F) the level of utilization of such hospital or facility 
                by all eligible Indians; and
                    ``(G) the distance between such hospital or facility and the 
                nearest operating Service hospital.'';

Whereas the Secretary of Health and Human Services, acting through the Director 
        of Indian Health Service, has proposed that the operating hours of the 
        Wagner Service Unit, which serves the Yankton Sioux Tribe and others, 
        should be reduced from 24 hours per day to the hours between 7:00 a.m. 
        and 11:00 p.m.;
Whereas the 1997 proposed closure report, submitted by the Secretary pursuant to 
        section 301(b)(1) of the Indian Health Care Improvement Act (25 U.S.C. 
        1631(b)(1)), is currently out of date and no longer accurately 
        represents the impact of such closure upon eligible Indians at the 
        Wagner Service Unit; and
Whereas, during the previous year, the Santee Sioux Tribe of Nebraska requested 
        health care services formerly provided by the Indian Health Service 
        under the Indian Self-Determination Act (25 U.S.C. 450 et seq.) from 
        another provider, thereby removing ``shares'' from the Wagner Service 
        Unit and creating a budgetary crisis that forced the facility to 
        announce reductions in the operating hours of the emergency room: Now, 
        therefore, be it
    Resolved, That it is the sense of the Senate that--
            (1) pursuant to section 301(b)(1) of the Indian Health Care 
        Improvement Act (25 U.S.C. 1631(b)(1)), the Secretary of Health 
        and Human Services, acting through the Director of Indian 
        Health Services, should submit to Congress a new report that 
        evaluates the impact of reduction in emergency room services at 
        the Wagner Service Unit of Indian Health Service; and
            (2) the Secretary should maintain the current operating 
        hours of the Wagner Service Unit until the Secretary submits to 
        Congress a report described in paragraph (1).
                                 <all>