[Congressional Record Volume 165, Number 58 (Wednesday, April 3, 2019)]
[Senate]
[Pages S2241-S2242]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. THUNE (for himself and Mr. Rounds):
S. 1001. A bill to amend the Indian Health Care Improvement Act to
allow the Indian Health Service to cover the cost of a copayment of an
Indian or Alaska Native veteran receiving medical care or services from
the Department of Veterans Affairs, and for other purposes; to the
Committee on Indian Affairs.
Mr. THUNE. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1001
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 ``Tribal Veterans Health Care
Enhancement Act''.
SEC. 2. LIABILITY FOR PAYMENT.
Section 222 of the Indian Health Care Improvement Act (25
U.S.C. 1621u) is amended by adding at the end the following:
``(d) Veterans Affairs Copayments.--The Service may pay, in
accordance with section 412, the cost of a copayment assessed
by the Department of Veterans Affairs to an eligible Indian
veteran (as defined in section 412) for covered medical care
(as defined in such section).''.
SEC. 3. COPAYMENTS FOR TRIBAL VETERANS RECEIVING CERTAIN
MEDICAL SERVICES.
Title IV of the Indian Health Care Improvement Act (25
U.S.C. 1641 et seq.) is amended by adding at the end the
following:
``SEC. 412. PAYMENTS FOR ELIGIBLE INDIAN VETERANS RECEIVING
COVERED MEDICAL CARE AT VA FACILITIES.
``(a) Definitions.--In this section:
``(1) Appropriate committees of congress.--The term
`appropriate committees of Congress' means--
``(A) in the Senate--
``(i) the Committee on Veterans' Affairs; and
[[Page S2242]]
``(ii) the Committee on Indian Affairs; and
``(B) in the House of Representatives--
``(i) the Committee on Veterans' Affairs; and
``(ii) the Committee on Natural Resources.
``(2) Covered medical care.--The term `covered medical
care' means any medical care or service that is--
``(A) authorized for an eligible Indian veteran under the
contract health service and referred by the Service; and
``(B) administered at a facility of the Department of
Veterans Affairs, including any services rendered under a
contract with a non-Department of Veterans Affairs health
care provider.
``(3) Eligible indian veteran.--The term `eligible Indian
veteran' means an Indian or Alaska Native veteran who is
eligible for assistance from the Service.
``(b) Memorandum of Understanding.--
``(1) In general.--Notwithstanding any other provision of
law, except as provided in paragraph (3), the Secretary (or a
designee, including the director of any area office of the
Service), the Secretary of Veterans Affairs (or a designee),
and any tribal health program, as applicable, shall enter
into a memorandum of understanding, in consultation with
Indian tribes to be impacted by the memorandum of
understanding (on a national or regional basis), that
authorizes the Secretary or tribal health program, as
applicable, to pay to the Secretary of Veterans Affairs any
copayments owed to the Department of Veterans Affairs by
eligible Indian veterans for covered medical care.
``(2) Factors for consideration.--In entering into a
memorandum of understanding under paragraph (1), the
Secretary, the Secretary of Veterans Affairs, and any tribal
health program, as applicable, shall take into consideration
any findings contained in the report under subsection (e).
``(3) Exception.--The Secretary, the Secretary of Veterans
Affairs, and any tribal health program, as applicable, shall
not be required to enter into a memorandum of understanding
under paragraph (1) if the Secretary, the Secretary of
Veterans Affairs, and any tribal health program, as
applicable, jointly certify to the appropriate committees of
Congress that such a memorandum of understanding would--
``(A) decrease the quality of health care provided to
eligible Indian veterans;
``(B) impede the access of those veterans to health care;
or
``(C) substantially decrease the quality of, or access to,
health care by individuals receiving health care from the
Department of Veterans Affairs or beneficiaries of the
Service.
``(c) Payment by Service.--Notwithstanding any other
provision of law and in accordance with the relevant
memorandum of understanding described in subsection (b), the
Service may cover the cost of any copayment assessed by the
Department of Veterans Affairs to an eligible Indian veteran
receiving covered medical care.
``(d) Authorization To Accept Funds.--Notwithstanding
section 407(c), section 2901(b) of the Patient Protection and
Affordable Care Act (25 U.S.C. 1623(b)), or any other
provision of law, and in accordance with the relevant
memorandum of understanding described in subsection (b), the
Secretary of Veterans Affairs may accept a payment from the
Service under subsection (c).
``(e) Report.--Not later than 90 days after the date of
enactment of this section, the Secretary and the Secretary of
Veterans Affairs shall submit to the appropriate committees
of Congress a report that describes--
``(1) the number of veterans, disaggregated by State, who--
``(A) are eligible for assistance from the Service; and
``(B) have received health care at a medical facility of
the Department of Veterans Affairs;
``(2) the number of veterans, disaggregated by State and
calendar year, who--
``(A) are eligible for assistance from the Service; and
``(B) were referred to a medical facility of the Department
of Veterans Affairs from a facility of the Service during the
period--
``(i) beginning on January 1, 2013; and
``(ii) ending on December 31, 2018; and
``(3) an update regarding efforts of the Secretary and the
Secretary of Veterans Affairs to streamline health care for
veterans who are eligible for assistance from the Service and
have received health care at a medical facility of the
Department of Veterans Affairs and at a facility of the
Service, including a description of--
``(A) any changes to the provision of health care required
under this Act; and
``(B) any barriers to efficiently streamline the provision
of health care to veterans who are eligible for assistance
from the Service.''.
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