[Congressional Record Volume 152, Number 8 (Monday, January 30, 2006)]
[Senate]
[Pages S330-S331]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         SUBMITTED RESOLUTIONS

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  SENATE RESOLUTION 358--EXPRESSING THE SENSE OF THE SENATE THAT THE 
SECRETARY OF HEALTH AND HUMAN SERVICES, ACTING THROUGH THE DIRECTOR OF 
INDIAN HEALTH AND HUMAN SEVICES, 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

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

                              S. Res. 358

       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.'';

[[Page S331]]

       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).

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