[Federal Register Volume 89, Number 226 (Friday, November 22, 2024)]
[Notices]
[Pages 92694-92695]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-27457]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
Notice of Purchased/Referred Care Delivery Area Redesignation for
the Pokagon Band of Potawatomi Indians of Michigan and Indiana
AGENCY: Indian Health Service, Department of Health and Human Services.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the Indian Health Service (IHS)
has decided to expand the geographic boundaries of the Purchased/
Referred Care Delivery Area (PRCDA) for the Pokagon Band of Potawatomi
Indians of Michigan and Indiana (``Pokagon Band'') to include the
counties of Kalamazoo, Kent, and Ottawa in the State of Michigan. The
final PRCDA for the Pokagon Band now includes the Michigan counties of
Allegan, Berrien, Cass, Kalamazoo, Kent, Ottawa, and Van Buren, and the
Indiana counties of Elkhart, Kosciusko, La Porte, Marshall, St. Joseph,
and Starke. The sole purpose of this expansion is to authorize
additional Pokagon Band members and beneficiaries to receive Purchased/
Referred Care (PRC) services.
DATES: This expansion is effective as of the date of publication of
this notice.
ADDRESSES: This notice can be found at https://www.federalregister.gov.
Written requests for information should be delivered to: CAPT John
Rael, Director,
[[Page 92695]]
Office of Resource Access and Partnerships, Indian Health Service, 5600
Fishers Lane, Mail Stop 10E85C, Rockville, MD 20857.
FOR FURTHER INFORMATION CONTACT: CAPT John Rael, Director, Office of
Resource Access and Partnerships by email at [email protected], or by
phone at (301) 443-0969 (this is not a toll-free number).
SUPPLEMENTARY INFORMATION: The IHS provides services under regulations
in effect as of September 15, 1987, and republished at 42 CFR part 136,
subparts A-C. Subpart C defines a Contract Health Service Delivery Area
(CHSDA), now referred to as a PRCDA, as the geographic area within
which PRC will be made available by the IHS to members of an identified
Indian community who reside in the PRCDA. Residence within a PRCDA by a
person who is within the scope of the Indian health program, as set
forth in 42 CFR 136.12, creates no legal entitlement to PRC but only
potential eligibility for services. Services needed, but not available
at an IHS/Tribal facility, are provided under the PRC program depending
on the availability of funds, the relative medical priority of the
services to be provided, and the actual availability and accessibility
of alternate resources in accordance with the regulations.
The regulations at 42 CFR part 136, subpart C provide that, unless
otherwise designated, a PRCDA shall consist of a county which includes
all or part of a reservation and any county or counties which have a
common boundary with the reservation. 42 CFR 136.22(a)(6). The
regulations also provide that after Consultation with the Tribal
governing body or bodies on those reservations included within the
PRCDA, the Secretary may, from time to time, redesignate areas within
the United States for inclusion in or exclusion from a PRCDA. 42 CFR
136.22(b). The regulations require that certain criteria must be
considered before any redesignation is made. The criteria are as
follows:
(1) The number of Indians residing in the area proposed to be so
included or excluded;
(2) Whether the Tribal governing body has determined that Indians
residing in the area near the reservation are socially and economically
affiliated with the Tribe;
(3) The geographic proximity to the reservation of the area whose
inclusion or exclusion is being considered; and
(4) The level of funding which would be available for the provision
of PRC.
Additionally, the regulations require that any redesignation of a
PRCDA be made in accordance with the procedures of the Administrative
Procedure Act (5 U.S.C. 553). 42 CFR 136.22(c). In compliance with this
requirement, the IHS published a notice of proposed redesignation and
requested public comments on May 17, 2024 (89 FR 43415). The IHS did
not receive any comments in response to the notice of proposed
redesignation.
In support of this expansion, the IHS makes the following findings:
1. By expanding the PRCDA to include Kalamazoo, Kent, and Ottawa
Counties in the State of Michigan, the Pokagon Band's PRC-eligible
population will increase by an estimated 537 Tribal citizens.
2. The Tribal citizens and certain other PRC-eligible individuals
within the expanded PRCDA are socially and economically affiliated with
the Pokagon Band based on a Tribal resolution in which the Pokagon Band
Tribal Council identified its intent to expand the PRCDA to include
Kalamazoo, Kent, and Ottawa Counties in Michigan, and stated that the
Tribal citizens and certain other individuals residing in such areas
are socially and economically affiliated with the Pokagon Band.
3. The expanded PRCDA counties form a contiguous area with the
existing PRCDA, and Pokagon Band citizens reside in each of the
expansion counties. For these reasons, the IHS has determined that the
expansion counties are geographically proximate, meaning ``on or
near'', to the Pokagon Band's reservation.
4. The Pokagon Band has indicated that its PRC program can continue
providing the same level of care to the expanded PRC-eligible
population. No additional financial resources will be allocated by the
IHS to the Pokagon Band to provide services to the Pokagon Band's PRC-
eligible population as a result of this PRCDA expansion.
An updated listing of the PRCDAs for all federally-recognized
Tribes may be accessed via a link on the IHS PRCDA Expansion website
(https://www.ihs.gov/prc/prcda-expansion).
Public Comments: The IHS did not receive any comments in response
to the notice of proposed expansion.
Roselyn Tso,
Director, Indian Health Service.
[FR Doc. 2024-27457 Filed 11-21-24; 8:45 am]
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