[Congressional Record Volume 172, Number 144 (Monday, September 14, 2026)]
[House]
[Pages H5576-H5578]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
INDIAN HEALTH SERVICE EMERGENCY CLAIMS PARITY ACT
Mr. WESTERMAN. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 8658) to amend the Indian Health Care Improvement Act to
modify the notification requirement for emergency contract health
services for certain beneficiaries, and for other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 8658
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 ``Indian Health Service
Emergency Claims Parity Act''.
SEC. 2. AUTHORIZATION FOR EMERGENCY CONTRACT HEALTH SERVICES.
Section 406 of the Indian Health Care Improvement Act (25
U.S.C. 1646) is amended--
(1) by striking ``With respect to'' and inserting the
following:
``(b) Elderly or Disabled Indians.--With respect to''; and
(2) by inserting before subsection (b) (as so designated)
the following:
``(a) In General.--Except as provided in subsection (b),
with respect to an Indian receiving emergency medical care or
services from a non-Service provider or in a non-Service
facility under the authority of this Act, the time limitation
(as a condition of payment) for notifying the Service of such
treatment or admission shall not be less than 15 days.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Arkansas (Mr. Westerman) and the gentlewoman from Maryland (Ms.
Elfreth) each will control 20 minutes.
[[Page H5577]]
The Chair recognizes the gentleman from Arkansas.
General Leave
Mr. WESTERMAN. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days to revise and extend their remarks and
include extraneous material on H.R. 8658, the bill now under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Arkansas?
There was no objection.
Mr. WESTERMAN. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, H.R. 8658, introduced by Congressman Mike Kennedy from
Utah, would amend the Indian Health Care Improvement Act to require
that non-elderly and nondisabled Indian patients have at least 15 days
to notify the Indian Health Service when they receive emergency
treatment or are admitted to a healthcare facility through the
purchased/referred care program.
The IHS uses the purchased/referred care program, or PRC, to pay
outside providers when needed services are unavailable at an IHS or
Tribal health facility. IHS approves a PRC payment if a patient meets
specific requirements, including timely notification of IHS. The law
currently provides elderly or disabled Indians a 30-day emergency
notice window, while the rule for all other patients is 72 hours.
During an emergency, 72 hours is a very short window. While
extensions can be granted, the 72-hour window remains the standard.
This timeframe is unrealistic for a patient dealing with a health
crisis who may be transferred between facilities, recovering from
surgery, or relying on assistance from someone unfamiliar with PRC
notice rules.
When the 72-hour deadline is missed, a claim that would otherwise be
approved may be denied, and the patient is at risk of being billed or
sent to collections for emergency care.
This legislation would amend the Indian Health Care Improvement Act
to provide at least 15 days to notify IHS of emergency treatment or
admission for PRC purposes, while preserving the existing 30-day
notification window for elderly or disabled Indians.
Mr. Speaker, I thank Dr. Kennedy of Utah for championing this
important legislation for Indian Country. I urge my colleagues to
support the bill, and I reserve the balance of my time.
House of Representatives,
Committee on Energy and Commerce,
Washington, DC, August 24, 2026.
Hon. Bruce Westerman,
Chairman, Committee on Natural Resources,
Washington, DC.
Dear Chairman Westerman: I write regarding H.R. 8658, the
``Indian Health Service Emergency Claims Parity Act.'' While
there are provisions of the legislation that fall within the
Rule X jurisdiction of the Committee on Energy and Commerce,
I wanted to notify you that the Committee will forgo action
on the bill so that it may proceed expeditiously to the House
floor for consideration.
This is done with the understanding that the Committee's
jurisdictional interests over this and similar legislation
are in no way diminished or altered. In addition, the
Committee reserves the right to seek conferees on H.R. 8658
and requests your support when such a request is made.
I would appreciate your response confirming this
understanding with respect to H.R. 8658 and ask that a copy
of our exchange of letters on this matter be included in the
committee report on the bill or in the Congressional Record
during consideration of the bill on the House floor.
Thank you again for your assistance on this matter.
Sincerely,
Brett Guthrie,
Chairman.
____
House of Representatives,
Committee on Natural Resources,
Washington, DC, August 24, 2026.
Hon. Brett Guthrie,
Chairman, Committee on Energy and Commerce,
Washington, DC.
Dear Chairman Guthrie: I write regarding H.R. 8658, the
``Indian Health Service Emergency Claims Parity Act,'' which
was ordered reported by the Committee on Natural Resources on
July 15, 2026.
I recognize that the bill contains provisions that fall
within the jurisdiction of the Committee on Energy and
Commerce and appreciate your willingness to forgo further
consideration of the bill. I acknowledge that the Committee
on Energy and Commerce will not formally consider H.R. 8658
and agree that the inaction of your Committee with respect to
the bill does not waive any jurisdiction over the subject
matter contained therein.
I am pleased to support your request to name members of the
Committee on Energy and Commerce to any conference committee
to consider such provisions. I will ensure that our exchange
of letters is included in the Congressional Record during
floor consideration of the bill and will include such letters
in the committee report on H.R. 8658. 1 appreciate your
cooperation regarding this legislation.
Sincerely,
Bruce Westerman,
Chairman, Committee on Natural Resources.
{time} 1710
Ms. ELFRETH. Mr. Speaker, the Indian Health Service, or IHS, is the
primary agency responsible for providing healthcare to American Indians
and Alaska Natives. However, the agency is chronically underfunded and
understaffed, resulting in limited care at IHS and Tribal facilities.
When these facilities cannot offer care, Tribal patients may receive
services from outside providers under the Purchased and Referred Care,
or PRC, program.
As the chairman pointed out, in an emergency, most Tribal patients
only have 3 days, or 72 hours, to notify the agency that they received
care under the PRC program. This is, as the chairman said, completely
unrealistic for too many Americans. It places an unfair burden on
patients and their families to navigate paperwork and deadlines during
medical emergencies, when they should be focused on receiving care.
H.R. 8658 would extend the notification period from 3 days to 15
days. This simple extension would gave patients and their families the
time to complete the necessary requirements and allow them to focus on
their recovery in the event of an emergency.
This small change is a meaningful step in supporting healthcare for
Indian country because Tribal patients should not have to worry about
balancing paperwork and going into medical debt while recovering and
receiving the care they are entitled to.
Mr. Speaker, I urge my colleagues to support this legislation, and I
reserve the balance of my time.
Mr. WESTERMAN. Mr. Speaker, I yield 4 minutes to the gentleman from
Utah (Mr. Kennedy), the lead sponsor of this bill.
Mr. KENNEDY of Utah. Mr. Speaker, I thank Mr. Westerman for the time
to speak.
Our constituents know there is too often a gap between the rules
Washington writes and the realities Americans face. Nowhere is that gap
more apparent than in our healthcare system.
I know that reality well. I have been a doctor for 25 years and
continue to see patients. I sit with families during some of the most
difficult moments of their lives, and I see firsthand how frustrating
paperwork and red tape can be when what matters most is getting someone
the care that they need.
That experience is why I rise today in support of my bill, H.R. 8658,
the Indian Health Service Emergency Claims Parity Act.
This bill is simple: Put patients before paperwork. Today, when an
American Indian or Alaska Native patient receives emergency care
outside the Indian Health Service, the IHS must be notified within 72
hours. When missed, a family can be left with the bill for care that
should have been covered.
Mr. Speaker, that rule was written from behind a desk, not beside a
hospital bed. Anyone who has worked in healthcare knows that 72 hours
can pass in what feels like an instant. Families should be focused on
their loved one's recovery, not on whether they met a Federal
notification deadline.
H.R. 8658 extends that window to 15 days so families can take care of
their loved ones first and the paperwork second.
This is what good government should look like. When a rule does not
reflect the reality people face, we should fix it. When government
bureaucracy gets in the way of common sense, we should cut through it.
My congressional colleagues and I understand that. We need a government
that is smarter, quicker, and more responsive to the people it serves.
We need a government that is streamlined and close to home, not bloated
and distant.
This is one practical, commonsense fix, and there are many more like
it across our government and throughout our healthcare system.
I thank Chairman Westerman, my colleagues on the Natural Resources
Committee, our outstanding staff on
[[Page H5578]]
the Committee as well as my staff, and my bipartisan colleagues for
their work on this fix and their commitment to making government work
for the people.
Mr. Speaker, I urge my colleagues to support H.R. 8658.
Ms. ELFRETH. Mr. Speaker, I urge my colleagues to support this
commonsense bill, and I yield back the balance of my time.
Mr. WESTERMAN. Mr. Speaker, again, I thank Dr. Kennedy of Utah for
his work. I urge the passage of H.R. 8658, and I yield back the balance
of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Arkansas (Mr. Westerman) that the House suspend the
rules and pass the bill, H.R. 8658.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
____________________