II 110th CONGRESS 1st Session S. 2145 IN THE SENATE OF THE UNITED STATES October 4, 2007 Mr. Smith (for himself, Mr. Johnson, and Mr. Dorgan) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs A BILL To amend the Indian Health Care Improvement Act to ensure that Indian veterans are not liable for certain health care payments.

1.

Short title

This Act may be cited as the American Indian Veteran Health Care Improvement Act.

2.

Health and Human Services–Veterans Affairs collaborations

(a)

Findings; purpose

(1)

Findings

Congress finds that— (A)collaborations between the Secretary of Health and Human Services and the Secretary of Veterans Affairs regarding the treatment of Indian veterans at facilities of the Indian Health Service should be encouraged to the maximum extent practicable; and (B)increased enrollment for services of the Department of Veterans Affairs by veterans who are members of federally recognized Indian tribes should be encouraged to the maximum extent practicable. (2)

Purpose

The purpose of the amendment made by subsection (b) is to reaffirm the goals stated in the document entitled Memorandum of Understanding Between the VA/Veterans Health Administration And HHS/Indian Health Service and dated February 25, 2003 (relating to cooperation and resource sharing between the Veterans Health Administration and Indian Health Service). (b)

Amendment

Title IV of the Indian Health Care Improvement Act (25 U.S.C. 1641 et seq.) is amended— (1)by redesignating section 407 as section 408; and (2)by inserting after section 406 the following:

407.

Eligible Indian veteran services

(a)

Definitions

In this section: (1)

Eligible Indian veteran

The term eligible Indian veteran means an Indian or Alaska Native veteran who receives any medical service that is— (A)authorized under the laws administered by the Secretary of Veterans Affairs; and (B)administered at a facility of the Service (including a facility operated by an Indian tribe or tribal organization through a contract or compact with the Service under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.)) pursuant to a local memorandum of understanding. (2)

Local memorandum of understanding

The term local memorandum of understanding means a memorandum of understanding between the Secretary (or a designee, including the director of any Area Office of the Service) and the Secretary of Veterans Affairs (or a designee) to implement the document entitled Memorandum of Understanding Between the VA/Veterans Health Administration And HHS/Indian Health Service and dated February 25, 2003 (relating to cooperation and resource sharing between the Veterans Health Administration and Indian Health Service). (b)

Eligible Indian veterans' expenses

(1)

In general

Notwithstanding any other provision of law, the Secretary shall provide for veteran-related expenses incurred by eligible Indian veterans as described in subsection (a)(1)(B). (2)

Method of payment

The Secretary shall establish such guidelines as the Secretary determines to be appropriate regarding the method of payments to the Secretary of Veterans Affairs under paragraph (1). (c)

Tribal approval of memoranda

In negotiating a local memorandum of understanding with the Secretary of Veterans Affairs regarding the provision of services to eligible Indian veterans, the Secretary shall consult with each Indian tribe that would be affected by the local memorandum of understanding. (d)

Funding

(1)

Treatment

Expenses incurred by the Secretary in carrying out subsection (b)(1) shall not be considered to be Contract Health Service expenses. (2)

Use of funds

Of funds made available to the Secretary in appropriations Acts for the Service (excluding funds made available for facilities, the Contract Health Service, or contract support costs), the Secretary shall use such sums as are necessary to carry out this section.

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