110 HR 1328 RH: Indian Health Care Improvement Act Amendments U.S. House of Representatives 2008-06-06 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IB Union Calendar No. 444 110th CONGRESS 2d Session H. R. 1328 [Report No. 110–564, Part I] IN THE HOUSE OF REPRESENTATIVES March 6, 2007 Mr. Pallone (for himself, Mr. Rahall, Mr. Young of Alaska, Mr. Kildee, Mr. George Miller of California, Mr. Faleomavaega, Mrs. Christensen, Mr. Grijalva, Mr. Boren, Mr. Hinchey, Mr. Kennedy, Mr. Kind, Mr. Inslee, Mr. Baca, Mr. Udall of New Mexico, Mr. Renzi, Mr. Wu, Mr. Conyers, Mr. Oberstar, Mr. Thompson of California, Mr. Waxman, Mr. Cole of Oklahoma, Mr. Boswell, Ms. Herseth, Mr. Engel, Mr. Kagen, Ms. Bordallo, Mrs. Bono, Mr. Moran of Virginia, Mr. McDermott, Mr. Honda, Mr. Filner, Mr. McKeon, and Ms. Solis) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committees on Energy and Commerce and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned April 4, 2008 Reported from the Committee on Natural Resources with an amendment Strike out all after the enacting clause and insert the part printed in italic April 4, 2008 Referral to the Committees on Energy and Commerce and Ways and Means extended for a period ending not later than June 6, 2008 June 6, 2008 Additional sponsors: Mr. Udall of Colorado, Mr. Allen, Mr. Walden of Oregon, Mr. Berman, Ms. Zoe Lofgren of California, Ms. Linda T. Sánchez of California, Mr. Larson of Connecticut, Mrs. Capps, Mrs. Wilson of New Mexico, Mr. McCotter, Mr. Mitchell, Mr. Hinojosa, Mr. Michaud, Mr. Gordon of Tennessee, Ms. DeGette, Ms. Carson, Mr. Capuano, Mr. Blumenauer, Mr. Matheson, Mr. Peterson of Minnesota, Ms. Baldwin, Mr. Walz of Minnesota, Mr. Pearce, Mr. Meeks of New York, and Mr. Salazar June 6, 2008 Committees on Energy and Commerce and Ways and Means discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed For text of introduced bill, see copy of bill as introduced on March 6, 2007 A BILL To amend the Indian Health Care Improvement Act to revise and extend that Act.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Indian Health Care Improvement Act Amendments of 2007. (b)

Table of contents

The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Amendments to Indian laws Sec. 101. Indian Health Care Improvement Act amended. Sec. 102. Soboba sanitation facilities. Sec. 103. Native American Health and Wellness Foundation. TITLE II—Improvement of Indian Health Care Provided Under the Social Security Act Sec. 201. Expansion of payments under Medicare, Medicaid, and SCHIP for all covered services furnished by Indian Health Programs. Sec. 202. Increased outreach to Indians under Medicaid and SCHIP and improved cooperation in the provision of items and services to Indians under Social Security Act health benefit programs. Sec. 203. Additional provisions to increase outreach to, and enrollment of, Indians in SCHIP and Medicaid. Sec. 204. Premiums and cost sharing protections under Medicaid, eligibility determinations under Medicaid and SCHIP, and protection of certain Indian property from Medicaid estate recovery. Sec. 205. Nondiscrimination in qualifications for payment for services under Federal health care programs. Sec. 206. Consultation on Medicaid, SCHIP, and other health care programs funded under the Social Security Act involving Indian Health Programs and Urban Indian Organizations. Sec. 207. Exclusion waiver authority for affected Indian Health Programs and safe harbor transactions under the Social Security Act. Sec. 208. Rules applicable under Medicaid and SCHIP to managed care entities with respect to Indian enrollees and Indian health care providers and Indian managed care entities. Sec. 209. Annual report on Indians served by Social Security Act health benefit programs.

2.

Report on third-party payment collections

(a)

Study

The Secretary of Health and Human Services shall conduct a thorough study of the system of third-party payment collections for items and services furnished through the Indian Health Service. (b)

Report

Not later than 6 months after the date of the enactment of this Act, the Secretary shall submit to each House of Congress a report on such study. Such report shall include such recommendations on how to improve such third-party payment collections as the Secretary determines appropriate.

. (b)

Rate of pay

(1)

Positions at level IV

Section 5315 of title 5, United States Code, is amended by striking Assistant Secretaries of Health and Human Services (6) and inserting Assistant Secretaries of Health and Human Services (7). (2)

Positions at level V

Section 5316 of title 5, United States Code, is amended by striking Director, Indian Health Service, Department of Health and Human Services. (c)

Amendments to other provisions of law

(1)Section 3307(b)(1)(C) of the Children’s Health Act of 2000 (25 U.S.C. 1671 note; Public Law 106–310) is amended by striking Director of the Indian Health Service and inserting Assistant Secretary for Indian Health. (2)The Indian Lands Open Dump Cleanup Act of 1994 is amended— (A)in section 3 (25 U.S.C. 3902)— (i)by striking paragraph (2); (ii)by redesignating paragraphs (1), (3), (4), (5), and (6) as paragraphs (4), (5), (2), (6), and (1), respectively, and moving those paragraphs so as to appear in numerical order; and (iii)by inserting before paragraph (4) (as redesignated by clause (ii)) the following: (3)

Assistant Secretary

The term Assistant Secretary means the Assistant Secretary for Indian Health. ; (B)in section 5 (25 U.S.C. 3904), by striking the section designation and heading and inserting the following:

5.

Authority of Assistant Secretary for Indian Health

; (C)in section 6(a) (25 U.S.C. 3905(a)), in the subsection heading, by striking Director and inserting Assistant Secretary; (D)in section 9(a) (25 U.S.C. 3908(a)), in the subsection heading, by striking Director and inserting Assistant Secretary; and (E)by striking Director each place it appears and inserting Assistant Secretary. (3)Section 5504(d)(2) of the Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary School Improvement Amendments of 1988 (25 U.S.C. 2001 note; Public Law 100–297) is amended by striking Director of the Indian Health Service and inserting Assistant Secretary for Indian Health. (4)Section 203(a)(1) of the Rehabilitation Act of 1973 (29 U.S.C. 763(a)(1)) is amended by striking Director of the Indian Health Service and inserting Assistant Secretary for Indian Health. (5)Subsections (b) and (e) of section 518 of the Federal Water Pollution Control Act (33 U.S.C. 1377) are amended by striking Director of the Indian Health Service each place it appears and inserting Assistant Secretary for Indian Health. (6)Section 317M(b) of the Public Health Service Act (42 U.S.C. 247b–14(b)) is amended— (A)by striking Director of the Indian Health Service each place it appears and inserting Assistant Secretary for Indian Health; and (B)in paragraph (2)(A), by striking the Directors referred to in such paragraph and inserting the Director of the Centers for Disease Control and Prevention and the Assistant Secretary for Indian Health. (7)Section 417C(b) of the Public Health Service Act (42 U.S.C. 285–9(b)) is amended by striking Director of the Indian Health Service and inserting Assistant Secretary for Indian Health. (8)Section 1452(i) of the Safe Drinking Water Act (42 U.S.C. 300j–12(i)) is amended by striking Director of the Indian Health Service each place it appears and inserting Assistant Secretary for Indian Health. (9)Section 803B(d)(1) of the Native American Programs Act of 1974 (42 U.S.C. 2991b–2(d)(1)) is amended in the last sentence by striking Director of the Indian Health Service and inserting Assistant Secretary for Indian Health. (10)Section 203(b) of the Michigan Indian Land Claims Settlement Act (Public Law 105–143; 111 Stat. 2666) is amended by striking Director of the Indian Health Service and inserting Assistant Secretary for Indian Health.

102.

Soboba sanitation facilities

The Act of December 17, 1970 (84 Stat. 1465), is amended by adding at the end the following:

9.Nothing in this Act shall preclude the Soboba Band of Mission Indians and the Soboba Indian Reservation from being provided with sanitation facilities and services under the authority of section 7 of the Act of August 5, 1954 (68 Stat. 674), as amended by the Act of July 31, 1959 (73 Stat. 267).

.

103.

Native American Health and Wellness Foundation

(a)

In general

The Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) is amended by adding at the end the following: . (b)

Technical amendments

The Indian Self-Determination and Education Assistance Act is amended— (1)by redesignating the second title V (25 U.S.C. 458bbb et seq.) as title VII; (2)by redesignating sections 501, 502, and 503 (25 U.S.C. 458bbb, 458bbb–1, 458bbb–2) as sections 701, 702, and 703, respectively; and (3)in subsection (a)(2) of section 702 and paragraph (2) of section 703 (as redesignated by paragraph (2)), by striking section 501 and inserting section 701.

June 6, 2008 Committees on Energy and Commerce and Ways and Means discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed