[104th Congress Public Law 313]
[From the U.S. Government Printing Office]
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[DOCID: f:publ313.104]
[[Page 3819]]
INDIAN HEALTH CARE IMPROVEMENT TECHNICAL CORRECTIONS ACT OF 1996
[[Page 110 STAT. 3820]]
Public Law 104-313
104th Congress
An Act
To amend the Indian Health Care Improvement Act to extend the
demonstration program for direct billing of Medicare, Medicaid, and
other third party payors. <<NOTE: Oct. 19, 1996 - [H.R. 3378]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Indian Health
Care Improvement Technical Corrections Act of 1996.>>
SECTION 1. SHORT TITLE; REFERENCE.
<<NOTE: 25 USC 1601 note.>> (a) Short Title.--This Act may be cited
as the ``Indian Health Care Improvement Technical Corrections Act of
1996''.
(b) References.--Whenever in this Act an amendment or repeal is
expressed in terms of an amendment to or repeal of a section or other
provision, the reference shall be considered to be made to a section or
other provision of the Indian Health Care Improvement Act.
SEC. 2. TECHNICAL CORRECTIONS IN THE INDIAN HEALTH CARE IMPROVEMENT ACT.
(a) Definition of Health Profession.--Section 4(n) (25 U.S.C.
1603(n)) is amended--
(1) by inserting ``allopathic medicine,'' before ``family
medicine''; and
(2) by striking ``and allied health professions'' and
inserting ``an allied health profession, or any other health
profession''.
(b) Indian Health Professions Scholarships.--Section 104(b) of the
Indian Health Care Improvement Act (25 U.S.C. 1613a(b)) is amended--
(1) in paragraph (3)--
(A) in subparagraph (A)--
(i) by striking the matter preceding clause
(i) and inserting the following:
``(3)(A) The active duty service obligation under a written contract
with the Secretary under section 338A of the Public Health Service Act
(42 U.S.C. 254l) that an individual has entered into under that section
shall, if that individual is a recipient of an Indian Health
Scholarship, be met in full-time practice, by
service--'';
(ii) by striking ``or'' at the end of clause
(iii); and
(iii) by striking the period at the end of
clause (iv) and inserting ``; or'';
(B) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively;
(C) by inserting after subparagraph (A) the
following new subparagraph:
``(B) At the request of any individual who has entered into a
contract referred to in subparagraph (A) and who receives a
[[Page 110 STAT. 3821]]
degree in medicine (including osteopathic or allopathic medicine),
dentistry, optometry, podiatry, or pharmacy, the Secretary shall defer
the active duty service obligation of that individual under that
contract, in order that such individual may complete any internship,
residency, or other advanced clinical training that is required for the
practice of that health profession, for an appropriate period (in years,
as determined by the Secretary), subject to the following conditions:
``(i) No period of internship, residency, or other advanced
clinical training shall be counted as satisfying any period of
obligated service that is required under this section.
``(ii) The active duty service obligation of that individual
shall commence not later than 90 days after the completion of
that advanced clinical training (or by a date specified by the
Secretary).
``(iii) The active duty service obligation will be served in
the health profession of that individual, in a manner consistent
with clauses (i) through (v) of subparagraph (A).'';
(D) in subparagraph (C), as so redesignated, by
striking ``prescribed under section 338C of the Public
Health Service Act (42 U.S.C. 254m) by service in a
program specified in subparagraph (A)'' and inserting
``described in subparagraph (A) by service in a program
specified in that subparagraph''; and
(E) in subparagraph (D), as so redesignated--
(i) by striking ``Subject to subparagraph
(B),'' and inserting ``Subject to subparagraph
(C),''; and
(ii) by striking ``prescribed under section
338C of the Public Health Service Act (42 U.S.C.
254m)'' and inserting ``described in subparagraph
(A)'';
(2) in paragraph (4)--
(A) in subparagraph (B), by striking the matter
preceding clause (i) and inserting the following:
``(B) the period of obligated service described in paragraph
(3)(A) shall be equal to the greater of--''; and
(B) in subparagraph (C), by striking ``(42 U.S.C.
254m(g)(1)(B))'' and inserting ``(42 U.S.C.
254l(g)(1)(B))''; and
(3) in paragraph (5), by adding at the end the following new
subparagraphs:
``(C) Upon the death of an individual who receives an Indian Health
Scholarship, any obligation of that individual for service or payment
that relates to that scholarship shall be canceled.
``(D) The Secretary shall provide for the partial or total waiver or
suspension of any obligation of service or payment of a recipient of an
Indian Health Scholarship if the Secretary determines that--
``(i) it is not possible for the recipient to meet that
obligation or make that payment;
``(ii) requiring that recipient to meet that obligation or
make that payment would result in extreme hardship to the
recipient; or
``(iii) the enforcement of the requirement to meet the
obligation or make the payment would be unconscionable.
``(E) Notwithstanding any other provision of law, in any case of
extreme hardship or for other good cause shown, the Secretary may waive,
in whole or in part, the right of the United States to recover funds
made available under this section.
[[Page 110 STAT. 3822]]
``(F) Notwithstanding any other provision of law, with respect to a
recipient of an Indian Health Scholarship, no obligation for payment may
be released by a discharge in bankruptcy under title 11, United States
Code, unless that discharge is granted after the expiration of the 5-
year period beginning on the initial date on which that payment is due,
and only if the bankruptcy court finds that the nondischarge of the
obligation would be unconscionable.''.
(c) California Contract Health Services Demonstration Program.--
Section 211(g) (25 U.S.C. 1621j(g)) is amended by striking ``1993, 1994,
1995, 1996, and 1997'' and inserting ``1996 through 2000''.
(d) Extension of Certain Demonstration Program.--Section 405(c)(2)
(25 U.S.C. 1645(c)(2)) is amended by striking ``September 30, 1996'' and
inserting ``September 30, 1998''.
(e) Gallup Alcohol and Substance Abuse Treatment
Center.--Section 706(d) (25 U.S.C. 1665e(d)) is amended to read as
follows:
``(d) Authorization of Appropriations.--There are authorized to be
appropriated, for each of fiscal years 1996 through 2000, such sums as
may be necessary to carry out subsection (b).''.
(f) Substance Abuse Counselor Education Demonstration Program.--
Section 711(h) (25 U.S.C. 1665j(h)) is amended by striking ``1993, 1994,
1995, 1996, and 1997'' and inserting ``1996 through 2000''.
(g) Home and Community-Based Care Demonstration
Program.--Section 821(i) (25 U.S.C. 1680k(i)) is amended by striking
``1993, 1994, 1995, 1996, and 1997'' and inserting ``1996 through
2000''.
Approved October 19, 1996.
LEGISLATIVE HISTORY--H.R. 3378 (S. 1869):
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HOUSE REPORTS: No. 104-742, Pt. 1 (Comm. on Resources).
SENATE REPORTS: No. 104-346 accompanying S. 1869 (Comm. on Indian
Affairs).
CONGRESSIONAL RECORD, Vol. 142 (1996):
Sept. 4, considered and passed House.
Sept. 19, considered and passed Senate, amended.
Sept. 27, House concurred in Senate amendment with an
amendment.
Oct. 3, Senate concurred in House amendment.
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