Senate Hearing, 109TH Congress - Indian Health Care Improvement Act

S. HRG.
109162
INDIAN HEALTH CARE IMPROVEMENT ACT
JOINT HEARING
BEFORE THE
COMMITTEE ON INDIAN AFFAIRS

UNITED STATES SENATE
AND THE
COMMITTEE ON HEALTH, EDUCATION,

LABOR AND PENSIONS
ONE HUNDRED NINTH CONGRESS
FIRST SESSION
ON
S. 1057
INDIAN HEALTH CARE IMPROVEMENT ACT AMENDMENTS OF 2005
JULY 14, 2005
WASHINGTON, DC
S. HRG. 109162
JOINT HEARING
BEFORE THE

AND THE
COMMITTEE ON HEALTH, EDUCATION,

LABOR AND PENSIONS
ONE HUNDRED NINTH CONGRESS
FIRST SESSION
ON
S. 1057
INDIAN HEALTH CARE IMPROVEMENT ACT AMENDMENTS OF 2005
JULY 14, 2005
WASHINGTON, DC
(
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2005
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JOHN McCAIN, Arizona, Chairman
BYRON L. DORGAN, North Dakota, Vice Chairman
PETE V. DOMENICI, New Mexico
DANIEL K. INOUYE, Hawaii
CRAIG THOMAS, Wyoming
KENT CONRAD, North Dakota
GORDON SMITH, Oregon
DANIEL K. AKAKA, Hawaii
LISA MURKOWSKI, Alaska
TIM JOHNSON, South Dakota
MICHAEL D. CRAPO, Idaho
MARIA CANTWELL, Washington
RICHARD BURR, North Carolina
TOM COBURN, M.D., Oklahoma
JEANNE BUMPUS, Majority Staff Director
SARA G. GARLAND, Minority Staff Director
COMMITTEE ON HEALTH, EDUCATION, LABOR, AND PENSIONS

MICHAEL B. ENZI, Wyoming, Chairman
JUDD GREGG, New Hampshire
EDWARD M. KENNEDY, Massachusetts
BILL FRIST, Tennessee
CHRISTOPHER J. DODD, Connecticut
LAMAR ALEXANDER, Tennessee
TOM HARKIN, Iowa
RICHARD BURR, North Carolina
BARBARA A. MIKULSKI, Maryland
JOHNNY ISAKSON, Georgia
JAMES M. JEFFORDS (I), Vermont
MIKE DEWINE, Ohio
JEFF BINGAMAN, New Mexico
JOHN ENSIGN, Nevada
PATTY MURRAY, Washington
ORRIN G. HATCH, Utah
JACK REED, Rhode Island
JEFF SESSIONS, Alabama
HILLARY RODHAM CLINTON, New York
PAT ROBERTS, Kansas
KATHERINE BRUNETT MCGUIRE, Staff Director
J. MICHAEL MYERS, Minority Staff Director and Chief Counsel
(II)
CONTENTS
Page
S. 1057, text of .........................................................................................................

Statements:
Brandjord, DDS, Robert, president-elect, American Dental Association .....
Brannan, Richard, chairman, Northern Arapaho Business Council ............
Dorgan, Hon. Byron L., U.S. Senator from North Dakota, vice chairman,
Committee on Indian Affairs .......................................................................
Enzi, Hon. Michael B., U.S. Senator from Wyoming, chairman, Committee on Health, Education, Labor and Pensions ..........................................
Forquera, Ralph, executive director, Seattle Indian health Board ..............
Grim, Dr. Charles, director, Indian Health Service, Department of Health
and Human Services .....................................................................................
Hartz, Gary, director, Office of Environment Health and Engineering,
Indian Health Service, Department of Health and Human Services .......
Joseph, Rachel A., chairperson, Lone Pine Paiute Shoshone Reservation ..
Kashevaroff, Don, president, Seldovia Village Tribe and president Alaska
Native Tribal Health Consortium ................................................................
Kennedy, Hon. Edward M., U.S. Senator from Massachusetts ....................
McCain, Hon. John, U.S. Senator from Arizona, chairman, Committee
on Indian Affairs ...........................................................................................
McSwain, Robert G., deputy director, Indian Health Service, Department
of Health and Human Services ....................................................................
Murray, Hon. Patty, U.S. Senator from Washington ....................................
Vanderwagen, M.D., Craig, acting chief medical officer, Indian Health
Service, Department of Health and Human Services ................................
Williard, Dr. Mary, Yukon Kuskowim Health Corporation Dental Clinic ...
4
363
352
334
1
353
335
335
348
350
334
334
335
347
335
361
APPENDIX
Prepared statements:
Anderson, Trudy, President/CEO, Alaska Native Health Board ..................
Brandjord, DDS, Robert (with attachment) ...................................................
Brannan, Richard .............................................................................................
Cantwell, Hon. Maria, U.S. Senator from Washington .................................
Dorgan, Hon. Byron L., U.S. Senator from North Dakota, vice chairman,
Committee on Indian Affairs .......................................................................
Enzi, Hon. Michael B., U.S. Senator from Wyoming, chairman, Committee on Health, Education, Labor and Pensions ..........................................
Forquera, Ralph (with attachment) ................................................................
Friedman, DDS, MPH, Jay W. (with attachment) .........................................
Gottlieb, Katherine, president/CEO, Southern Foundation ..........................
Grim, Dr. Charles .............................................................................................
Ignace, Georgiana, president, National Council of Urban Indian Health ...
Inouye, Hon. Daniel K., U.S. Senator from Hawaii .......................................
Joseph, Rachel A. (with attachment) ..............................................................
Kardos, B.D.S., M.D.S., Ph.D., FFOP (RCPA), Thomas B., professor of
Oral Biology and Oral Pathology, University of Otago, Dunedin, New
Zealand (with attachment) ...........................................................................
Kashevaroff, Don ..............................................................................................
Kelso, DDS, Mark, Norton Sound dental director, Nome, AK ......................
Kennedy, Hon. Edward M., U.S. Senator from Massachusetts ....................
Kovaleski, DDS, Tom, director, Southcentral Foundation Dental Program
McCain, Hon. John, U.S. Senator from Arizona, chairman, Committee
on Indian Affairs ...........................................................................................
Milgrom, DDS, Peter, center director, Professor of Dental Public Sciences
and Health Services, University of Washington, Seattle, WA ..................
(III)
452
385
440
375
376
377
456
570
581
584
598
379
623
643
716
381
379
382
380
750
IV
Page
Prepared statementsContinued
Murray, Hon. Patty, U.S. Senator from Washington ....................................
Nash, D.M.D., M.S., Ed.D., David A., professor of pediatric dentistry
in the College of Dentistry at the University of Kentucky in Lexington,
KY (with attachment) ...................................................................................
Willard, William R., professor of dental education; professor of pediatric
dentistry, University of Kentucky Medical Center (with attachment) .....
Williard, Dr. Mary ............................................................................................
Additional material submitted for the record:
Letters:
Clark, Robert J., Bristol Bay Area Health Corporation ................................
Dawson, RDH, BS, Katie L., president, American Dental Hygienists Association .........................................................................................................
Evans, Robert D. ...............................................................................................
Juan-Saunders, Vivian, president, Inter Tribal Council of Arizona, chairwoman, Tohono Oodham Nation (position paper) .....................................
Kaufmann, ND, Andrew J., San Carlos Apache Tribe ..................................
Sekiguchi, et al, letter to the Editor, American Journal of Public Health,
November 2005 .............................................................................................
Questions:
From Hon. Orin G. Hatch, U.S. Senator from Utah (no responses at
time of printing) ............................................................................................
Reports:
Intergrated Dental Health Program for Alaska Native Populations, by
Howard Bailit, D.M.D; Tryfon Beazoglou, Ph.D; Amid Ismail, D.D.S.;
and Thomas Kovaleski, D.D.S. ....................................................................
381
757
757
784
788
793
798
800
804
806
383
808

THURSDAY, JULY 14, 2005
U.S. SENATE, COMMITTEE ON INDIAN AFFAIRS, MEETING

JOINTLY WITH THE COMMITTEE ON HEALTH, EDUCATION, LABOR AND PENSIONS
Washington, DC.
The committee met, pursuant to notice, at 10:16 a.m. in room
106 Dirksen Senate Building, Hon. John McCain (chairman of the
Committee on Indian Affairs) and Hon. Michael B. Enzi (chairman
of the Committee on Health, Education, Labor and Pensions), presiding.
Present: Senators McCain, Enzi, Cantwell, Coburn, Dorgan,
Inouye, Isakson, Kennedy, Murkowski, Murray and Reed.
STATEMENT OF HON. MICHAEL B. ENZI, U.S. SENATOR FROM
WYOMING, CHAIRMAN, COMMITTEE ON HEALTH, EDUCATION, LABOR AND PENSIONS
Senator ENZI. I am going to call to order this historic joint meeting of the Committee on Indian Affairs and the Committee on
Health, Education, Labor and Pensions. Todays hearing will focus
on the state of Indian health care and specifically the Indian
Health Care Improvement Act.
We will be welcoming Senator McCain here shortly, and the rest
of the members of the Indian Affairs Committee to our HELP Committee meeting room. Senator Kennedy and I started a policy of
punctuality and we are continuing that. We will go ahead and
make our comments and then they can make theirs when they arrive.
Earlier this year, Senator McCain did approach me about holding
a joint committee hearing on the state of Indian health care. I immediately accepted, as health care is important, perhaps the most
important issue facing tribes today, in fact, facing all people today.
Todays hearing will enable us to chart our current progress and
discuss what we can do to increase the services that are available
to address the physical and emotional problems that continue to
plague American Indians and Alaska Natives.
When the Indian Health Care Improvement Act was first signed
into law in 1976, it was written to address the findings of surveys
and studies that indicated that the health status of American Indians and Alaska Natives was far below that of the general population. It continues to be a matter of serious concern that, as the
health status of most Americans continues to rise, the status of
(1)
2
American Indians and Alaska Natives has not kept pace with the
general population.
Studies show that American Indians and Alaska Natives die at
a higher rate than other Americans from alcoholism, tuberculosis,
auto accidents, diabetes, homicide and suicide. In addition, a safe
and adequate water supply and waste disposal facilities, something
we all take for granted, is not available in 12 percent of American
Indian and Alaska Native homes, as opposed to 1 percent in the
rest of the Nation.
Several years ago, residents of the Wind River Reservation in
Central Wyoming faced a drinking water shortage that threatened
the health and safety of everybody in the area, so drinking water
was donated to tribal members and local residents. The lack of
these basic services makes life even harsher for these people and
contributes to those already-high death rates. Coming from Wyoming, I know full well the problems we encounter in the effort to
provide quality health care to all people of my home State.
As I noted during my visits to the Wind River Reservation, their
problems are not unique. They have an impact on all those who
live on reservations from coast to coast. We need to take a varied
approach to address each of those problems separately. Clearly,
people of different ages have different problems.
A multifaceted approach to solving each of the problems will require a systematic, as well as financial approach. Local, State and
national governments and agencies must work together with tribal
leaders to focus our resources where they will do the most good.
That kind of approach has the greatest chance of being successful.
I appreciate all the witnesses taking time out of their busy
schedules to be with us today. In addition, of course, I would like
to welcome Richard Brannan, the chairman of the Northern Arapaho Business Council of Fort Washakie, WY. No one knows better
than he does the problems faced by those living on reservations
and by those who rely on the Indian Health Service for their health
care needs. I am very pleased he was able to make the journey and
to share his experiences with us today.
I look forward to his comments and those of the entire list of witnesses. Each of you has a perspective and a point of view to share
that only you can provide. I look forward to hearing a summary of
your prepared remarks so that we can address the underlying
issues during our question and answer session.
To the members of the joint committees, we have a longstanding
tradition on the HELP Committee that opening statements are
made by the Chairman and Ranking Member, and due to the combined number of members of both committees and the fact that we
have three panels and the fact that we begin voting again at 3
p.m., I would respectfully submit or ask that the tradition apply for
todays hearing, but all members full statements will be made a
part of the record, as will all witnesses full statements be made a
part of the record.
In addition, members may use the question and answer period
to make remarks. I did mention that this is an historic situation
of having the two committees that have an intense interest in Indian health working together to come up with some solutions. I
really appreciate Chairman McCain suggesting that, and following
3
through on it. I think this will be the first time that this has actually been done outside of Energy and Water. This is probably an
appropriate place to do it.
[Text of S. 1057 follows:]
II
109TH CONGRESS
1ST SESSION
S. 1057
To amend the Indian Health Care Improvement Act to revise and extend
that Act.
IN THE SENATE OF THE UNITED STATES

MAY 17, 2005
Mr. MCCAIN (for himself and Mr. DORGAN) introduced the following bill;
which was read twice and referred to the Committee on Indian Affairs
A BILL
To amend the Indian Health Care Improvement Act to revise
and extend that Act.
1
Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,

3
4
SECTION 1. SHORT TITLE.
This Act may be cited as the Indian Health Care
5 Improvement Act Amendments of 2005.

6
SEC. 2. INDIAN HEALTH CARE IMPROVEMENT ACT AMEND-
7
8
ED.
(a) IN GENERAL.The Indian Health Care Improve-
9 ment Act (25 U.S.C. 1601 et seq.) is amended to read

10 as follows:
2
1
2
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.This Act may be cited as the
3 Indian Health Care Improvement Act.

4
(b) TABLE
OF
CONTENTS.The table of contents
5 for this Act is as follows:

Sec.
Sec.
Sec.
Sec.
1.
2.
3.
4.
Short title; table of contents.

Findings.
Declaration of National Indian health policy.
Definitions.
TITLE IINDIAN HEALTH, HUMAN RESOURCES, AND

DEVELOPMENT
Sec. 101. Purpose.
Sec. 102. Health professions recruitment program for Indians.
Sec. 103. Health professions preparatory scholarship program for Indians.
Sec. 104. Indian health professions scholarships.
Sec. 105. American Indians Into Psychology program.
Sec. 106. Funding for tribes for scholarship programs.
Sec. 107. Indian Health Service extern programs.
Sec. 108. Continuing education allowances.
Sec. 109. Community health representative program.
Sec. 110. Indian Health Service loan repayment program.
Sec. 111. Scholarship and Loan Repayment Recovery Fund.
Sec. 112. Recruitment activities.
Sec. 113. Indian recruitment and retention program.
Sec. 114. Advanced training and research.
Sec. 115. Quentin N. Burdick American Indians Into Nursing program.
Sec. 116. Tribal cultural orientation.
Sec. 117. Inmed program.
Sec. 118. Health training programs of community colleges.
Sec. 119. Retention bonus.
Sec. 120. Nursing residency program.
Sec. 121. Community health aide program for Alaska.
Sec. 122. Tribal health program administration.
Sec. 123. Health professional chronic shortage demonstration programs.
Sec. 124. National Health Service Corps.
Sec. 125. Substance abuse counselor educational curricula demonstration
programs.
Sec. 126. Behavioral health training and community education programs.
Sec. 127. Authorization of appropriations.
TITLE IIHEALTH SERVICES
Sec.
Sec.
Sec.
Sec.
Sec.
201.
202.
203.
204.
205.
S 1057 IS
Indian Health Care Improvement Fund.

Catastrophic Health Emergency Fund.
Health promotion and disease prevention services.
Diabetes prevention, treatment, and control.
Shared services for long-term care.
3
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
206.
207.
208.
209.
210.
211.
212.
Health services research.

Mammography and other cancer screening.
Patient travel costs.
Epidemiology centers.
Comprehensive school health education programs.
Indian youth program.
Prevention, control, and elimination of communicable and infectious diseases.
213. Authority for provision of other services.
214. Indian womens health care.
215. Environmental and nuclear health hazards.
216. Arizona as a contract health service delivery area.
216A. North Dakota and South Dakota as a contract health service
delivery area.
217. California contract health services program.
218. California as a contract health service delivery area.
219. Contract health services for the Trenton service area.
220. Programs operated by Indian tribes and tribal organizations.
221. Licensing.
222. Notification of provision of emergency contract health services.
223. Prompt action on payment of claims.
224. Liability for payment.
225. Authorization of appropriations.
TITLE IIIFACILITIES
Sec.
Sec.
Sec.
Sec.
Sec.
301.
302.
303.
304.
305.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
306.
307.
308.
309.
310.
311.
312.
313.
314.
315.
316.
317.
Consultation: construction and renovation of facilities; reports.

Sanitation facilities.
Preference to Indians and Indian firms.
Expenditure of nonservice funds for renovation.
Funding for the construction, expansion, and modernization of
small ambulatory care facilities.
Indian health care delivery demonstration project.
Land transfer.
Leases, contracts, and other agreements.
Loans, loan guarantees, and loan repayment.
Tribal leasing.
Indian Health Service/tribal facilities joint venture program.
Location of facilities.
Maintenance and improvement of health care facilities.
Tribal management of Federally owned quarters.
Applicability of Buy American Act requirement.
Other funding for facilities.
Authorization of appropriations.
TITLE IVACCESS TO HEALTH SERVICES

Sec. 401. Treatment of payments under Social Security Act health care
programs.
Sec. 402. Grants to and contracts with the Service, Indian tribes, Tribal
Organizations, and Urban Indian Organizations.
Sec. 403. Reimbursement from certain third parties of costs of health
services.
Sec. 404. Crediting of reimbursements.
Sec. 405. Purchasing health care coverage.
Sec. 406. Sharing arrangements with Federal agencies.
S 1057 IS
4
Sec. 407. Payor of last resort.
Sec. 408. Nondiscrimination in qualifications for reimbursement for services.
Sec. 409. Consultation.
Sec. 410. State Childrens Health Insurance Program (SCHIP).
Sec. 411. Social Security Act sanctions.
Sec. 412. Cost sharing.
Sec. 413. Treatment under Medicaid managed care.
Sec. 414. Navajo Nation Medicaid Agency feasibility study.
TITLE VHEALTH SERVICES FOR URBAN INDIANS
Sec. 501. Purpose.
Sec. 502. Contracts with, and grants to, Urban Indian Organizations.
Sec. 503. Contracts and grants for the provision of health care and referral services.
Sec. 504. Contracts and grants for the determination of unmet health
care needs.
Sec. 505. Evaluations; renewals.
Sec. 506. Other contract and grant requirements.
Sec. 507. Reports and records.
Sec. 508. Limitation on contract authority.
Sec. 509. Facilities.
Sec. 510. Office of Urban Indian Health.
Sec. 511. Grants for alcohol and substance abuse-related services.
Sec. 512. Treatment of certain demonstration projects.
Sec. 513. Urban NIAAA transferred programs.
Sec. 514. Consultation with Urban Indian Organizations.
Sec. 515. Federal Tort Claim Act coverage.
Sec. 516. Urban youth treatment center demonstration.
Sec. 517. Use of Federal Government facilities and sources of supply.
Sec. 518. Grants for diabetes prevention, treatment, and control.
Sec. 519. Community health representatives.
Sec. 520. Regulations.
Sec. 521. Eligibility for services.
TITLE VIORGANIZATIONAL IMPROVEMENTS
Sec. 601. Establishment of the Indian Health Service as an agency of the
Public Health Service.
Sec. 602. Automated management information system.
TITLE VIIBEHAVIORAL HEALTH PROGRAMS
Sec. 701. Behavioral health prevention and treatment services.
Sec. 702. Memoranda of agreement with the Department of the Interior.
Sec. 703. Comprehensive behavioral health prevention and treatment program.
Sec. 704. Mental health technician program.
Sec. 705. Licensing requirement for mental health care workers.
Sec. 706. Indian women treatment programs.
Sec. 707. Indian youth program.
S 1057 IS
5
Sec. 708. Inpatient and community-based mental health facilities design,
construction, and staffing.
Sec. 709. Training and community education.
Sec. 710. Behavioral health program.
Sec. 711. Fetal alcohol disorder funding.
Sec. 712. Child sexual abuse and prevention treatment programs.
Sec. 713. Behavioral health research.
Sec. 714. Definitions.
TITLE VIIIMISCELLANEOUS
Sec.
Sec.
Sec.
Sec.
Sec.
801.
802.
803.
804.
805.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
806.
807.
808.
809.
810.
811.
812.
813.
814.
Sec. 815.
Sec. 816.
1
2
Reports.
Regulations.
Plan of implementation.
Availability of funds.
Limitation on use of funds appropriated to the Indian Health
Service.
Eligibility of California Indians.
Health services for ineligible persons.
Reallocation of base resources.
Results of demonstration projects.
Provision of services in Montana.
Moratorium.
Tribal employment.
Severability provisions.
Establishment of National Bipartisan Commission on Indian
Health Care.
Appropriations; availability.
Authorization of appropriations.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Federal health services to maintain and
improve the health of the Indians are consonant
with and required by the Federal Governments his-
torical and unique legal relationship with, and re-
sulting responsibility to, the American Indian people.
(2) A major national goal of the United States
is to provide the quantity and quality of health serv-
10
ices which will permit the health status of Indians
11
to be raised to the highest possible level and to en-
S 1057 IS
6
1
courage the maximum participation of Indians in the
planning and management of those services.
(3) Federal health services to Indians have re-
sulted in a reduction in the prevalence and incidence
of preventable illnesses among, and unnecessary and
premature deaths of, Indians.
(4) 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
10
11
the general population of the United States.

SEC. 3. DECLARATION OF NATIONAL INDIAN HEALTH POL-
12
13
ICY.
Congress declares that it is the policy of this Nation,
14 in fulfillment of its special trust responsibilities and legal

15 obligations to Indians
16
(1) to assure the highest possible health status
17
for Indians and to provide all resources necessary to
18
effect that policy;
19
(2) to raise the health status of Indians by the
20
year 2010 to at least the levels set forth in the goals
21
contained within the Healthy People 2010 or succes-
22
sor objectives;
23
(3) to the greatest extent possible, to allow In-
24
dians to set their own health care priorities and es-
25
tablish goals that reflect their unmet needs;
S 1057 IS
10
7
1
(4) to increase the proportion of all degrees in
the health professions and allied and associated
health professions awarded to Indians so that the
proportion of Indian health professionals in each
Service Area is raised to at least the level of that of
the general population;
(5) to require meaningful consultation with In-
dian Tribes, Tribal Organizations, and Urban Indian
Organizations to implement this Act and the na-
10
tional policy of Indian self-determination; and
11
(6) to provide funding for programs and facili-
12
ties operated by Indian Tribes and Tribal Organiza-
13
tions in amounts that are not less than the amounts
14
provided to programs and facilities operated directly
15
by the Service.
16
17
SEC. 4. DEFINITIONS.
For purposes of this Act:
18
(1) The term accredited and accessible means
19
on or near a reservation and accredited by a na-
20
tional or regional organization with accrediting au-
21
thority.
22
(2) The term Area Office means an adminis-
23
trative entity, including a program office, within the
24
Service through which services and funds are pro-
S 1057 IS
11
8
1
vided to the Service Units within a defined geo-
graphic area.
3
4
(3) The term Assistant Secretary means the

Assistant Secretary of Indian Health.
(4)(A) The term behavioral health means the
blending of substance (alcohol, drugs, inhalants, and
tobacco) abuse and mental health prevention and
treatment, for the purpose of providing comprehen-
sive services.
10
(B) The term behavioral health includes the
11
joint development of substance abuse and mental
12
health treatment planning and coordinated case
13
management using a multidisciplinary approach.
14
(5) The term California Indians means those
15
Indians who are eligible for health services of the
16
Service pursuant to section 806.
17
(6) The term community college means
18
(A) a tribal college or university, or
19
(B) a junior or community college.
20
(7) The term contract health service means
21
health services provided at the expense of the Serv-
22
ice or a Tribal Health Program by public or private
23
medical providers or hospitals, other than the Serv-
24
ice Unit or the Tribal Health Program at whose ex-
25
pense the services are provided.
S 1057 IS
12
9
1
(8) The term Department means, unless oth-
erwise designated, the Department of Health and
Human Services.
(9) The term disease prevention means the
reduction, limitation, and prevention of disease and
its complications and reduction in the consequences
of disease, including
(A) controlling
(i) development of diabetes;
10
(ii) high blood pressure;
11
(iii) infectious agents;
12
(iv) injuries;
13
(v) occupational hazards and disabil-
14
ities;
15
(vi) sexually transmittable diseases;
16
and
17
(vii) toxic agents; and
18
(B) providing
19
(i) fluoridation of water; and
20
(ii) immunizations.
21
(10) The term health profession means
22
allopathic medicine, family medicine, internal medi-
23
cine, pediatrics, geriatric medicine, obstetrics and
24
gynecology,
25
health nursing, dentistry, psychiatry, osteopathy, op-
S 1057 IS
podiatric
medicine,
nursing,
public
13
10
1
tometry, pharmacy, psychology, public health, social
work, marriage and family therapy, chiropractic
medicine, environmental health and engineering, al-
lied health professions, and any other health profes-
sion.
(11) The term health promotion means
(A) fostering social, economic, environ-
mental, and personal factors conducive to
health, including raising public awareness about
10
health matters and enabling the people to cope
11
with health problems by increasing their knowl-
12
edge and providing them with valid information;
13
(B) encouraging adequate and appro-
14
priate diet, exercise, and sleep;
15
16
(C) promoting education and work in conformity with physical and mental capacity;
17
18
(D) making available suitable housing,

safe water, and sanitary facilities;
19
20
(E) improving the physical, economic, cultural, psychological, and social environment;
21
(F) promoting adequate opportunity for
22
spiritual, religious, and Traditional Health Care
23
Practices; and
24
25
(G) providing adequate and appropriate

programs, including
S 1057 IS
14
11
1
(i) abuse prevention (mental and
physical);
(ii) community health;
(iii) community safety;
(iv) consumer health education;
(v) diet and nutrition;
(vi) immunization and other preven-
tion of communicable diseases, including
HIV/AIDS;
10
(vii) environmental health;
11
(viii) exercise and physical fitness;
12
(ix) avoidance of fetal alcohol dis-
13
orders;
14
(x) first aid and CPR education;
15
(xi) human growth and development;
16
(xii) injury prevention and personal
17
safety;
18
(xiii) behavioral health;
19
(xiv) monitoring of disease indicators
20
between
health
21
through
appropriate
22
Internet-based health care management
23
systems;
24
care
provider
means,
visits,
including
(xv) personal health and wellness
25
practices;
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(xvi) personal capacity building;
(xvii) prenatal, pregnancy, and in-
fant care;
(xviii) psychological well-being;
(xix) reproductive health and family
planning;
(xx) safe and adequate water;
(xxi) safe housing, relating to elimi-
nation, reduction, and prevention of con-
10
taminants that create unhealthy housing
11
conditions;
12
(xxii) safe work environments;
13
(xxiii) stress control;
14
(xxiv) substance abuse;
15
(xxv) sanitary facilities;
16
(xxvi) sudden infant death syndrome
17
prevention;
18
(xxvii) tobacco use cessation and re-
19
duction;
20
(xxviii) violence prevention; and
21
(xxix) such other activities identified
22
by the Service, a Tribal Health Program,
23
or an Urban Indian Organization, to pro-
24
mote achievement of any of the objectives
25
described in section 3(2).
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13
1
(12) The term Indian, unless otherwise des-
ignated, means any person who is a member of an
Indian tribe or is eligible for health services under
section 806, except that, for the purpose of sections
102 and 103, the term also means any individual
who
(A)(i) irrespective of whether the individ-
ual lives on or near a reservation, is a member
of a tribe, band, or other organized group of In-
10
dians, including those tribes, bands, or groups
11
terminated since 1940 and those recognized
12
now or in the future by the State in which they
13
reside; or
14
15
(ii) is a descendant, in the first or second

degree, of any such member;
16
17
(B) is an Eskimo or Aleut or other Alaska Native;
18
19
(C) is considered by the Secretary of the

Interior to be an Indian for any purpose; or
20
(D) is determined be an Indian under
21
regulations promulgated by the Secretary.
22
(13) The term Indian Health Program
23
means
24
25
(A) any health program administered directly by the Service;
S 1057 IS
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14
1
(B) any Tribal Health Program; or
(C) any Indian Tribe or Tribal Organiza-
tion to which the Secretary provides funding
pursuant to section 23 of the Act of April 30,
1908 (25 U.S.C. 47), commonly known as the
Buy Indian Act.
(14) The term Indian Tribe has the meaning
given the term in the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450 et seq.).
10
(15) The term junior or community college
11
has the meaning given the term by section 312(e) of
12
the Higher Education Act of 1965 (20 U.S.C.
13
1058(e)).
14
(16) The term reservation means any feder-
15
ally recognized Indian Tribes reservation, Pueblo, or
16
colony, including former reservations in Oklahoma,
17
Indian allotments, and Alaska Native Regions estab-
18
lished pursuant to the Alaska Native Claims Settle-
19
ment Act (25 U.S.C. 1601 et seq.).
20
(17) The term Secretary, unless otherwise
21
designated, means the Secretary of Health and
22
Human Services.
23
24
(18) The term Service means the Indian

Health Service.
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1
2
(19) The term Service Area means the geographical area served by each Area Office.
(20) The term Service Unit means an admin-
istrative entity of the Service, or a Tribal Health
Program through which services are provided, di-
rectly or by contract, to eligible Indians within a de-
fined geographic area.
(21) The term telehealth has the meaning
given the term in section 330K(a) of the Public
10
Health Service Act (42 U.S.C. 254c16(a)).
11
(22) The term telemedicine means a tele-
12
communications link to an end user through the use
13
of eligible equipment that electronically links health
14
professionals or patients and health professionals at
15
separate sites in order to exchange health care infor-
16
mation in audio, video, graphic, or other format for
17
the purpose of providing improved health care serv-
18
ices.
19
(23) The term Traditional Health Care Prac-
20
tices means the application by Native healing prac-
21
titioners of the Native healing sciences (as opposed
22
or in contradistinction to Western healing sciences)
23
which embody the influences or forces of innate
24
Tribal discovery, history, description, explanation
25
and knowledge of the states of wellness and illness
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1
and which call upon these influences or forces, in-
cluding physical, mental, and spiritual forces in the
promotion, restoration, preservation, and mainte-
nance of health, well-being, and lifes harmony.
(24) The term tribal college or university has
the meaning given the term in section 316(b)(3) of
the Higher Education Act (20 U.S.C. 1059c(b)(3)).
(25) The term Tribal Health Program means
an Indian Tribe or Tribal Organization that oper-
10
ates any health program, service, function, activity,
11
or facility funded, in whole or part, by the Service
12
through, or provided for in, a contract or compact
13
with the Service under the Indian Self-Determina-
14
tion and Education Assistance Act (25 U.S.C. 450
15
et seq.).
16
(26) The term Tribal Organization has the
17
meaning given the term in the Indian Self-Deter-
18
mination and Education Assistance Act (25 U.S.C.
19
450 et seq.).
20
(27) The term Urban Center means any com-
21
munity which has a sufficient Urban Indian popu-
22
lation with unmet health needs to warrant assistance
23
under title V of this Act, as determined by the Sec-
24
retary.
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17
1
(28) The term Urban Indian means any indi-
vidual who resides in an Urban Center and who
meets 1 or more of the following criteria:
(A) Irrespective of whether the individual
lives on or near a reservation, the individual is
a member of a tribe, band, or other organized
group of Indians, including those tribes, bands,
or groups terminated since 1940 and those
tribes, bands, or groups that are recognized by
10
the States in which they reside, or who is a de-
11
scendant in the first or second degree of any
12
such member.
13
14
(B) The individual is an Eskimo, Aleut,

or other Alaskan Native.
15
(C) The individual is considered by the
16
Secretary of the Interior to be an Indian for
17
any purpose.
18
(D) The individual is determined to be an
19
Indian under regulations promulgated by the
20
Secretary.
21
(29) The term Urban Indian Organization
22
means a nonprofit corporate body that (A) is situ-
23
ated in an Urban Center; (B) is governed by an
24
Urban Indian-controlled board of directors; (C) pro-
25
vides for the participation of all interested Indian
S 1057 IS
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18
1
groups and individuals; and (D) is capable of legally
cooperating with other public and private entities for
the purpose of performing the activities described in
section 503(a).
TITLE
IINDIAN
HEALTH,
HUMAN RESOURCES, AND DEVELOPMENT
SEC. 101. PURPOSE.
5
6
The purpose of this title is to increase, to the maxi-
10 mum extent feasible, the number of Indians entering the

11 health professions and providing health services, and to
12 assure an optimum supply of health professionals to the
13 Indian Health Programs and Urban Indian Organizations
14 involved in the provision of health services to Indians.
15
SEC. 102. HEALTH PROFESSIONS RECRUITMENT PROGRAM
16
17
FOR INDIANS.
(a) IN GENERAL.The Secretary, acting through
18 the Service, shall make grants to public or nonprofit pri19 vate health or educational entities, Tribal Health Pro20 grams, or Urban Indian Organizations to assist such enti21 ties in meeting the costs of
22
(1) identifying Indians with a potential for
23
education or training in the health professions and
24
encouraging and assisting them
S 1057 IS
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19
1
2
(A) to enroll in courses of study in such

health professions; or
(B) if they are not qualified to enroll in
any such courses of study, to undertake such
postsecondary education or training as may be
required to qualify them for enrollment;
(2) publicizing existing sources of financial aid
available to Indians enrolled in any course of study
referred to in paragraph (1) or who are undertaking
10
training necessary to qualify them to enroll in any
11
such course of study; or
12
(3) establishing other programs which the Sec-
13
retary determines will enhance and facilitate the en-
14
rollment of Indians in, and the subsequent pursuit
15
and completion by them of, courses of study referred
16
to in paragraph (1).
17
(b) FUNDING.
18
(1) APPLICATION.The Secretary shall not
19
make a grant under this section unless an applica-
20
tion has been submitted to, and approved by, the
21
Secretary. Such application shall be in such form,
22
submitted in such manner, and contain such infor-
23
mation, as the Secretary shall by regulation pre-
24
scribe pursuant to this Act. The Secretary shall give
S 1057 IS
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20
1
a preference to applications submitted by Tribal
Health Programs or Urban Indian Organizations.
(2) AMOUNT
OF
FUNDS;
PAYMENT.The
amount of a grant under this section shall be deter-
mined by the Secretary. Payments pursuant to this
section may be made in advance or by way of reim-
bursement, and at such intervals and on such condi-
tions as provided for in regulations issued pursuant
to this Act. To the extent not otherwise prohibited
10
by law, funding commitments shall be for 3 years,
11
as provided in regulations issued pursuant to this
12
Act.
13
SEC. 103. HEALTH PROFESSIONS PREPARATORY SCHOL-
14
ARSHIP PROGRAM FOR INDIANS.
15
(a) SCHOLARSHIPS AUTHORIZED.The Secretary,
16 acting through the Service, shall provide scholarship

17 grants to Indians who
18
19
(1) have successfully completed their high

school education or high school equivalency; and
20
(2) have demonstrated the potential to suc-
21
cessfully complete courses of study in the health pro-
22
fessions.
23
(b) PURPOSES.Scholarships provided pursuant to
24 this section shall be for the following purposes:
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21
1
(1) Compensatory preprofessional education of
any recipient, such scholarship not to exceed 2 years
on a full-time basis (or the part-time equivalent
thereof, as determined by the Secretary pursuant to
regulations issued under this Act).
(2) Pregraduate education of any recipient
leading to a baccalaureate degree in an approved
course of study preparatory to a field of study in a
health profession, such scholarship not to exceed 4
10
years. An extension of up to 2 years (or the part-
11
time equivalent thereof, as determined by the Sec-
12
retary pursuant to regulations issued pursuant to
13
this Act) may be approved.
14
(c) OTHER CONDITIONS.Scholarships under this
15 section
16
(1) may cover costs of tuition, books, trans-
17
portation, board, and other necessary related ex-
18
penses of a recipient while attending school;
19
(2) shall not be denied solely on the basis of
20
the applicants scholastic achievement if such appli-
21
cant has been admitted to, or maintained good
22
standing at, an accredited institution; and
23
(3) shall not be denied solely by reason of such
24
applicants eligibility for assistance or benefits under
25
any other Federal program.
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22
1
2
3
SEC. 104. INDIAN HEALTH PROFESSIONS SCHOLARSHIPS.
(a) IN GENERAL.
(1)
AUTHORITY.The
Secretary,
acting
through the Service, shall make scholarship grants
to Indians who are enrolled full or part time in ac-
credited schools pursuing courses of study in the
health professions. Such scholarships shall be des-
ignated Indian Health Scholarships and shall be
made in accordance with section 338A of the Public
10
Health Services Act (42 U.S.C. 2541), except as
11
provided in subsection (b) of this section.
12
(2) ALLOCATION
BY FORMULA.Except
as
13
provided in paragraph (3), the funding authorized
14
by this section shall be allocated by Service Area by
15
a formula developed in consultation with Indian
16
Tribes, Tribal Organizations, and Urban Indian Or-
17
ganizations. Such formula shall consider the human
18
resource development needs in each Service Area.
19
(3) CONTINUITY
OF PRIOR SCHOLARSHIPS.
20
Paragraph (2) shall not apply with respect to indi-
21
vidual recipients of scholarships provided under this
22
section (as in effect 1 day prior to the date of enact-
23
ment of the Indian Health Care Improvement Act
24
Amendments of 2005) until such time as the individ-
25
ual completes the course of study that is supported
26
through such scholarship.

S 1057 IS
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23
1
(4) CERTAIN
DELEGATION NOT ALLOWED.
The administration of this section shall be a respon-
sibility of the Assistant Secretary and shall not be
delegated in a contract or compact under the Indian
Self-Determination and Education Assistance Act
(25 U.S.C. 450 et seq.).
(b) ACTIVE DUTY SERVICE OBLIGATION.
(1) OBLIGATION
MET.The
active duty serv-
ice obligation under a written contract with the Sec-
10
retary under section 338A of the Public Health
11
Service Act (42 U.S.C. 254l) that an Indian has en-
12
tered into under that section shall, if that individual
13
is a recipient of an Indian Health Scholarship, be
14
met in full-time practice on an equivalent year-for-
15
year obligation, by service in one or more of the fol-
16
lowing:
17
(A) In an Indian Health Program.
18
(B) In a program assisted under title V
19
of this Act.
20
(C) In the private practice of the applica-
21
ble profession if, as determined by the Sec-
22
retary, in accordance with guidelines promul-
23
gated by the Secretary, such practice is situated
24
in a physician or other health professional
S 1057 IS
27
24
1
shortage area and addresses the health care
needs of a substantial number of Indians.
(2) OBLIGATION
DEFERRED.At
the request
of any individual who has entered into a contract re-
ferred to in paragraph (1) and who receives a degree
in medicine (including osteopathic or allopathic med-
icine), dentistry, optometry, podiatry, or pharmacy,
the Secretary shall defer the active duty service obli-
gation of that individual under that contract, in
10
order that such individual may complete any intern-
11
ship, residency, or other advanced clinical training
12
that is required for the practice of that health pro-
13
fession, for an appropriate period (in years, as deter-
14
mined by the Secretary), subject to the following
15
conditions:
16
(A) No period of internship, residency, or
17
other advanced clinical training shall be counted
18
as satisfying any period of obligated service
19
under this subsection.
20
(B) The active duty service obligation of
21
that individual shall commence not later than
22
90 days after the completion of that advanced
23
clinical training (or by a date specified by the
24
Secretary).
S 1057 IS
28
25
1
(C) The active duty service obligation will
be served in the health profession of that indi-
vidual in a manner consistent with paragraph
(1).
(D) A recipient of a scholarship under
this section may, at the election of the recipient,
meet the active duty service obligation described
in paragraph (1) by service in a program speci-
fied under that paragraph that
10
(i) is located on the reservation of
11
the Indian Tribe in which the recipient is
12
enrolled; or
13
(ii) serves the Indian Tribe in which
14
15
the recipient is enrolled.

(3) PRIORITY
WHEN MAKING ASSIGNMENTS.
16
Subject to paragraph (2), the Secretary, in making
17
assignments of Indian Health Scholarship recipients
18
required to meet the active duty service obligation
19
described in paragraph (1), shall give priority to as-
20
signing individuals to service in those programs
21
specified in paragraph (1) that have a need for
22
health professionals to provide health care services
23
as a result of individuals having breached contracts
24
entered into under this section.
S 1057 IS
29
26
1
(c) PART-TIME STUDENTS.In the case of an indi-
2 vidual receiving a scholarship under this section who is

3 enrolled part time in an approved course of study
4
(1) such scholarship shall be for a period of
years not to exceed the part-time equivalent of 4
years, as determined by the Area Office;
(2) the period of obligated service described in
subsection (b)(1) shall be equal to the greater of
(A) the part-time equivalent of 1 year for
10
each year for which the individual was provided
11
a scholarship (as determined by the Area Of-
12
fice); or
13
(B) 2 years; and
14
(3) the amount of the monthly stipend speci-
15
fied in section 338A(g)(1)(B) of the Public Health
16
Service Act (42 U.S.C. 254l(g)(1)(B)) shall be re-
17
duced pro rata (as determined by the Secretary)
18
based on the number of hours such student is en-
19
rolled.
20
(d) BREACH OF CONTRACT.
21
(1) SPECIFIED
BREACHES.An
individual
22
shall be liable to the United States for the amount
23
which has been paid to the individual, or on behalf
24
of the individual, under a contract entered into with
25
the Secretary under this section on or after the date
S 1057 IS
30
27
1
of enactment of the Indian Health Care Improve-
ment Act Amendments of 2005 if that individual
(A) fails to maintain an acceptable level
of academic standing in the educational institu-
tion in which he or she is enrolled (such level
determined by the educational institution under
regulations of the Secretary);
8
9
(B) is dismissed from such educational

institution for disciplinary reasons;
10
(C) voluntarily terminates the training in
11
such an educational institution for which he or
12
she is provided a scholarship under such con-
13
tract before the completion of such training; or
14
(D) fails to accept payment, or instructs
15
the educational institution in which he or she is
16
enrolled not to accept payment, in whole or in
17
part, of a scholarship under such contract, in
18
lieu of any service obligation arising under such
19
contract.
20
(2) OTHER
BREACHES.If
for any reason not
21
specified in paragraph (1) an individual breaches a
22
written contract by failing either to begin such indi-
23
viduals service obligation required under such con-
24
tract or to complete such service obligation, the
25
United States shall be entitled to recover from the
S 1057 IS
31
28
1
individual an amount determined in accordance with
the formula specified in subsection (l) of section 110
in the manner provided for in such subsection.
(3) CANCELLATION
UPON DEATH OF RECIPI-
ENT.Upon
an Indian Health Scholarship, any outstanding obli-
gation of that individual for service or payment that
relates to that scholarship shall be canceled.
the death of an individual who receives
(4) WAIVERS
AND SUSPENSIONS.The
Sec-
10
retary shall provide for the partial or total waiver or
11
suspension of any obligation of service or payment of
12
a recipient of an Indian Health Scholarship if the
13
Secretary, in consultation with the affected Area Of-
14
fice, Indian Tribes, Tribal Organizations, and Urban
15
Indian Organizations, determines that
16
17
(A) it is not possible for the recipient to

meet that obligation or make that payment;
18
(B) requiring that recipient to meet that
19
obligation or make that payment would result
20
in extreme hardship to the recipient; or
21
(C) the enforcement of the requirement to
22
meet the obligation or make the payment would
23
be unconscionable.
24
(5) EXTREME
25
HARDSHIP.Notwithstanding
any other provision of law, in any case of extreme
S 1057 IS
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29
1
hardship or for other good cause shown, the Sec-
retary may waive, in whole or in part, the right of
the United States to recover funds made available
under this section.
(6)
BANKRUPTCY.Notwithstanding
any
other provision of law, with respect to a recipient of
an Indian Health Scholarship, no obligation for pay-
ment may be released by a discharge in bankruptcy
under title 11, United States Code, unless that dis-
10
charge is granted after the expiration of the 5-year
11
period beginning on the initial date on which that
12
payment is due, and only if the bankruptcy court
13
finds that the nondischarge of the obligation would
14
be unconscionable.
15
SEC. 105. AMERICAN INDIANS INTO PSYCHOLOGY PRO-
16
17
GRAM.
(a) GRANTS AUTHORIZED.The Secretary, acting
18 through the Service, shall make grants to at least 3 col19 leges and universities for the purpose of developing and
20 maintaining Indian psychology career recruitment pro21 grams as a means of encouraging Indians to enter the
22 mental health field. These programs shall be located at
23 various locations throughout the country to maximize their
24 availability to Indian students and new programs shall be
25 established in different locations from time to time.
S 1057 IS
33
30
1
(b) QUENTIN N. BURDICK PROGRAM GRANT.The
2 Secretary shall provide a grant authorized under sub3 section (a) to develop and maintain a program at the Uni4 versity of North Dakota to be known as the Quentin N.
5 Burdick American Indians Into Psychology Program.
6 Such program shall, to the maximum extent feasible, co7 ordinate with the Quentin N. Burdick Indian Health Pro8 grams authorized under section 117(b), the Quentin N.
9 Burdick American Indians Into Nursing Program author10 ized under section 115(e), and existing university research
11 and communications networks.
12
(c) REGULATIONS.The Secretary shall issue regu-
13 lations pursuant to this Act for the competitive awarding

14 of grants provided under this section.
15
(d) CONDITIONS
OF
GRANT.Applicants under this
16 section shall agree to provide a program which, at a

17 minimum
18
(1) provides outreach and recruitment for
19
health professions to Indian communities including
20
elementary, secondary, and accredited and accessible
21
community colleges that will be served by the pro-
22
gram;
23
(2) incorporates a program advisory board
24
comprised of representatives from the tribes and
25
communities that will be served by the program;
S 1057 IS
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31
1
(3) provides summer enrichment programs to
expose Indian students to the various fields of psy-
chology through research, clinical, and experimental
activities;
(4) provides stipends to undergraduate and
graduate students to pursue a career in psychology;
(5) develops affiliation agreements with tribal
colleges and universities, the Service, university af-
filiated programs, and other appropriate accredited
10
and accessible entities to enhance the education of
11
Indian students;
12
(6) to the maximum extent feasible, uses exist-
13
ing university tutoring, counseling, and student sup-
14
port services; and
15
(7) to the maximum extent feasible, employs
16
qualified Indians in the program.
17
(e) ACTIVE DUTY SERVICE REQUIREMENT.The
18 active duty service obligation prescribed under section

19 338C of the Public Health Service Act (42 U.S.C. 254m)
20 shall be met by each graduate who receives a stipend de21 scribed in subsection (d)(4) that is funded under this sec22 tion. Such obligation shall be met by service
23
(1) in an Indian Health Program;
24
(2) in a program assisted under title V of this
25
Act; or
S 1057 IS
35
32
1
(3) in the private practice of psychology if, as
determined by the Secretary, in accordance with
guidelines promulgated by the Secretary, such prac-
tice is situated in a physician or other health profes-
sional shortage area and addresses the health care
needs of a substantial number of Indians.
SEC. 106. FUNDING FOR TRIBES FOR SCHOLARSHIP PRO-
8
9
10
GRAMS.
(a) IN GENERAL.
(1) GRANTS
AUTHORIZED.The
Secretary,
11
acting through the Service, shall make grants to
12
Tribal Health Programs for the purpose of providing
13
scholarships for Indians to serve as health profes-
14
sionals in Indian communities.
15
(2) AMOUNT.Amounts available under para-
16
graph (1) for any fiscal year shall not exceed 5 per-
17
cent of the amounts available for each fiscal year for
18
Indian Health Scholarships under section 104.
19
(3) APPLICATION.An application for a grant
20
under paragraph (1) shall be in such form and con-
21
tain such agreements, assurances, and information
22
as consistent with this section.
23
(b) REQUIREMENTS.
24
25
(1) IN
GENERAL.A
Tribal Health Program
receiving a grant under subsection (a) shall provide
S 1057 IS
36
33
1
scholarships to Indians in accordance with the re-
quirements of this section.
3
4
(2) COSTS.With respect to costs of providing

any scholarship pursuant to subsection (a)
(A) 80 percent of the costs of the scholar-
ship shall be paid from the funds made avail-
able pursuant to subsection (a)(1) provided to
the Tribal Health Program; and
9
10
11
(B) 20 percent of such costs may be paid

from any other source of funds.
(c) COURSE
OF
STUDY.A Tribal Health Program
12 shall provide scholarships under this section only to Indi13 ans enrolled or accepted for enrollment in a course of
14 study (approved by the Secretary) in one of the health pro15 fessions contemplated by this Act.
16
(d) CONTRACT.In providing scholarships under
17 subsection (b), the Secretary and the Tribal Health Pro18 gram shall enter into a written contract with each recipi19 ent of such scholarship. Such contract shall
20
(1) obligate such recipient to provide service in
21
an Indian Health Program or Urban Indian Organi-
22
zation, in the same Service Area where the Tribal
23
Health Program providing the scholarship is located,
24
for
S 1057 IS
37
34
1
(A) a number of years for which the
scholarship is provided (or the part-time equiva-
lent thereof, as determined by the Secretary),
or for a period of 2 years, whichever period is
greater; or
(B) such greater period of time as the re-
cipient and the Tribal Health Program may
agree;
(2)
10
scholarship
11
provide
that
the
amount
of
the
(A) may only be expended for
12
(i) tuition expenses, other reasonable
13
educational expenses, and reasonable living
14
expenses incurred in attendance at the
15
educational institution; and
16
(ii) payment to the recipient of a
17
monthly stipend of not more than the
18
amount authorized by section 338(g)(1)(B)
19
of the Public Health Service Act (42
20
U.S.C. 254m(g)(1)(B)), with such amount
21
to be reduced pro rata (as determined by
22
the Secretary) based on the number of
23
hours such student is enrolled, and not to
24
exceed, for any year of attendance for
25
which the scholarship is provided, the total
S 1057 IS
38
35
1
amount required for the year for the pur-
poses authorized in this clause; and
(B) may not exceed, for any year of at-
tendance for which the scholarship is provided,
the total amount required for the year for the
purposes authorized in subparagraph (A);
(3) require the recipient of such scholarship to
maintain an acceptable level of academic standing as
determined by the educational institution in accord-
10
ance with regulations issued pursuant to this Act;
11
and
12
(4) require the recipient of such scholarship to
13
meet the educational and licensure requirements ap-
14
propriate to each health profession.
15
(e) BREACH OF CONTRACT.
16
(1) SPECIFIC
BREACHES.An
individual who
17
has entered into a written contract with the Sec-
18
retary and a Tribal Health Program under sub-
19
section (d) shall be liable to the United States for
20
the Federal share of the amount which has been
21
paid to him or her, or on his or her behalf, under
22
the contract if that individual
23
(A) fails to maintain an acceptable level
24
of academic standing in the educational institu-
25
tion in which he or she is enrolled (such level
S 1057 IS
39
36
1
as determined by the educational institution
under regulations of the Secretary);
3
4
(B) is dismissed from such educational

institution for disciplinary reasons;
(C) voluntarily terminates the training in
such an educational institution for which he or
she is provided a scholarship under such con-
tract before the completion of such training; or
(D) fails to accept payment, or instructs
10
the educational institution in which he or she is
11
enrolled not to accept payment, in whole or in
12
part, of a scholarship under such contract, in
13
lieu of any service obligation arising under such
14
contract.
15
(2) OTHER
BREACHES.If
for any reason not
16
specified in paragraph (1), an individual breaches a
17
written contract by failing to either begin such indi-
18
viduals service obligation required under such con-
19
tract or to complete such service obligation, the
20
United States shall be entitled to recover from the
21
individual an amount determined in accordance with
22
the formula specified in subsection (l) of section 110
23
in the manner provided for in such subsection.
24
25
(3) CANCELLATION
ENT.Upon
S 1057 IS
UPON DEATH OF RECIPI-
the death of an individual who receives
40
37
1
an Indian Health Scholarship, any outstanding obli-
gation of that individual for service or payment that
relates to that scholarship shall be canceled.
(4) INFORMATION.The Secretary may carry
out this subsection on the basis of information re-
ceived from Tribal Health Programs involved or on
the basis of information collected through such other
means as the Secretary deems appropriate.
(f) RELATION
TO
SOCIAL SECURITY ACT.The re-
10 cipient of a scholarship under this section shall agree, in

11 providing health care pursuant to the requirements
12 herein
13
(1) not to discriminate against an individual
14
seeking care on the basis of the ability of the indi-
15
vidual to pay for such care or on the basis that pay-
16
ment for such care will be made pursuant to a pro-
17
gram established in title XVIII of the Social Secu-
18
rity Act or pursuant to the programs established in
19
title XIX or title XXI of such Act; and
20
(2)
to
accept
assignment
under
section
21
1842(b)(3)(B)(ii) of the Social Security Act for all
22
services for which payment may be made under part
23
B of title XVIII of such Act, and to enter into an
24
appropriate agreement with the State agency that
25
administers the State plan for medical assistance
S 1057 IS
41
38
1
under title XIX, or the State child health plan under
title XXI, of such Act to provide service to individ-
uals entitled to medical assistance or child health as-
sistance, respectively, under the plan.
(g) CONTINUANCE
OF
FUNDING.The Secretary
6 shall make payments under this section to a Tribal Health

7 Program for any fiscal year subsequent to the first fiscal
8 year of such payments unless the Secretary determines
9 that, for the immediately preceding fiscal year, the Tribal
10 Health Program has not complied with the requirements
11 of this section.
12
13
SEC. 107. INDIAN HEALTH SERVICE EXTERN PROGRAMS.
(a) EMPLOYMENT PREFERENCE.Any individual
14 who receives a scholarship pursuant to section 104 or 106

15 shall be given preference for employment in the Service,
16 or may be employed by a Tribal Health Program or an
17 Urban Indian Organization, or other agencies of the De18 partment as available, during any nonacademic period of
19 the year.
20
(b) NOT COUNTED TOWARD ACTIVE DUTY SERVICE
21 OBLIGATION.Periods of employment pursuant to this

22 subsection shall not be counted in determining fulfillment
23 of the service obligation incurred as a condition of the
24 scholarship.
S 1057 IS
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39
1
(c) TIMING; LENGTH
OF
EMPLOYMENT.Any indi-
2 vidual enrolled in a program, including a high school pro3 gram, authorized under section 102(a) may be employed
4 by the Service or by a Tribal Health Program or an Urban
5 Indian Organization during any nonacademic period of the
6 year. Any such employment shall not exceed 120 days dur7 ing any calendar year.
8
9
(d) NONAPPLICABILITY
NEL
OF
COMPETITIVE PERSON-
SYSTEM.Any employment pursuant to this section
10 shall be made without regard to any competitive personnel

11 system or agency personnel limitation and to a position
12 which will enable the individual so employed to receive
13 practical experience in the health profession in which he
14 or she is engaged in study. Any individual so employed
15 shall receive payment for his or her services comparable
16 to the salary he or she would receive if he or she were
17 employed in the competitive system. Any individual so em18 ployed shall not be counted against any employment ceil19 ing affecting the Service or the Department.
20
21
SEC. 108. CONTINUING EDUCATION ALLOWANCES.
In order to encourage health professionals, including
22 community health representatives and emergency medical

23 technicians, to join or continue in an Indian Health Pro24 gram or an Urban Indian Organization and to provide
25 their services in the rural and remote areas where a sig-
S 1057 IS
43
40
1 nificant portion of Indians reside, the Secretary, acting
2 through the Service, may provide allowances to health pro3 fessionals employed in an Indian Health Program or an
4 Urban Indian Organization to enable them for a period
5 of time each year prescribed by regulation of the Secretary
6 to take leave of their duty stations for professional con7 sultation and refresher training courses.
8
SEC. 109. COMMUNITY HEALTH REPRESENTATIVE PRO-
9
10
GRAM.
(a) IN GENERAL.Under the authority of the Act
11 of November 2, 1921 (25 U.S.C. 13) (commonly known

12 as the Snyder Act), the Secretary, acting through the
13 Service, shall maintain a Community Health Representa14 tive Program under which Indian Health Programs
15
16
(1) provide for the training of Indians as community health representatives; and
17
(2) use such community health representatives
18
in the provision of health care, health promotion,
19
and disease prevention services to Indian commu-
20
nities.
21
(b) DUTIES.The Community Health Representa-
22 tive Program of the Service, shall

23
(1) provide a high standard of training for
24
community health representatives to ensure that the
25
community health representatives provide quality
S 1057 IS
44
41
1
health care, health promotion, and disease preven-
tion services to the Indian communities served by
the Program;
4
5
(2) in order to provide such training, develop

and maintain a curriculum that
(A) combines education in the theory of
health care with supervised practical experience
in the provision of health care; and
(B) provides instruction and practical ex-
10
perience in health promotion and disease pre-
11
vention activities, with appropriate consider-
12
ation given to lifestyle factors that have an im-
13
pact on Indian health status, such as alcohol-
14
ism, family dysfunction, and poverty;
15
(3) maintain a system which identifies the
16
needs of community health representatives for con-
17
tinuing education in health care, health promotion,
18
and disease prevention and develop programs that
19
meet the needs for continuing education;
20
21
(4) maintain a system that provides close supervision of Community Health Representatives;
22
(5) maintain a system under which the work
23
of Community Health Representatives is reviewed
24
and evaluated; and
S 1057 IS
45
42
1
(6) promote Traditional Health Care Practices
of the Indian Tribes served consistent with the Serv-
ice standards for the provision of health care, health
promotion, and disease prevention.
SEC. 110. INDIAN HEALTH SERVICE LOAN REPAYMENT
6
7
PROGRAM.
(a)
ESTABLISHMENT.The
Secretary,
acting
8 through the Service, shall establish and administer a pro9 gram to be known as the Service Loan Repayment Pro10 gram (hereinafter referred to as the Loan Repayment
11 Program) in order to ensure an adequate supply of
12 trained health professionals necessary to maintain accredi13 tation of, and provide health care services to Indians
14 through, Indian Health Programs and Urban Indian Or15 ganizations.
16
(b) ELIGIBLE INDIVIDUALS.To be eligible to par-
17 ticipate in the Loan Repayment Program, an individual

18 must
19
(1)(A) be enrolled
20
(i) in a course of study or program in an
21
accredited educational institution (as deter-
22
mined
23
338B(b)(1)(c)(i) of the Public Health Service
24
Act (42 U.S.C. 254l1(b)(1)(c)(i))) and be
25
scheduled to complete such course of study in
S 1057 IS
by
the
Secretary
under
section
46
43
1
the same year such individual applies to partici-
pate in such program; or
(ii) in an approved graduate training pro-
gram in a health profession; or
(B) have
(i) a degree in a health profession; and
(ii) a license to practice a health profes-
sion;
(2)(A) be eligible for, or hold, an appointment
10
as a commissioned officer in the Regular or Reserve
11
Corps of the Public Health Service;
12
(B) be eligible for selection for civilian service
13
in the Regular or Reserve Corps of the Public
14
Health Service;
15
16
(C) meet the professional standards for civil

service employment in the Service; or
17
(D) be employed in an Indian Health Program
18
or Urban Indian Organization without a service obli-
19
gation; and
20
(3) submit to the Secretary an application for
21
a contract described in subsection (e).
22
(c) APPLICATION.
23
(1) INFORMATION
TO BE INCLUDED WITH
24
FORMS.In
25
contract forms to individuals desiring to participate
S 1057 IS
disseminating application forms and
47
44
1
in the Loan Repayment Program, the Secretary
shall include with such forms a fair summary of the
rights and liabilities of an individual whose applica-
tion is approved (and whose contract is accepted) by
the Secretary, including in the summary a clear ex-
planation of the damages to which the United States
is entitled under subsection (l) in the case of the in-
dividuals breach of contract. The Secretary shall
provide such individuals with sufficient information
10
regarding the advantages and disadvantages of serv-
11
ice as a commissioned officer in the Regular or Re-
12
serve Corps of the Public Health Service or a civil-
13
ian employee of the Service to enable the individual
14
to make a decision on an informed basis.
15
(2) CLEAR
LANGUAGE.The
application form,
16
contract form, and all other information furnished
17
by the Secretary under this section shall be written
18
in a manner calculated to be understood by the aver-
19
age individual applying to participate in the Loan
20
Repayment Program.
21
(3) TIMELY
AVAILABILITY OF FORMS.The
22
Secretary shall make such application forms, con-
23
tract forms, and other information available to indi-
24
viduals desiring to participate in the Loan Repay-
25
ment Program on a date sufficiently early to ensure
S 1057 IS
48
45
1
that such individuals have adequate time to carefully
review and evaluate such forms and information.
(d) PRIORITIES.
4
5
(1) LIST.Consistent with subsection (k), the

Secretary shall annually
(A) identify the positions in each Indian
Health Program or Urban Indian Organization
for which there is a need or a vacancy; and
(B) rank those positions in order of prior-
10
ity.
11
(2) APPROVALS.Notwithstanding the prior-
12
ity determined under paragraph (1), the Secretary,
13
in determining which applications under the Loan
14
Repayment Program to approve (and which con-
15
tracts to accept), shall
16
17
(A) give first priority to applications

made by individual Indians; and
18
(B) after making determinations on all
19
applications submitted by individual Indians as
20
required under subparagraph (A), give priority
21
to
22
(i) individuals recruited through the
23
efforts of an Indian Health Program or
24
Urban Indian Organization; and
S 1057 IS
49
46
1
(ii) other individuals based on the
2
3
priority rankings under paragraph (1).

(e) RECIPIENT CONTRACTS.
(1) CONTRACT
REQUIRED.An
individual be-
comes a participant in the Loan Repayment Pro-
gram only upon the Secretary and the individual en-
tering into a written contract described in paragraph
(2).
(2) CONTENTS
OF CONTRACT.The
written
10
contract referred to in this section between the Sec-
11
retary and an individual shall contain
12
(A) an agreement under which
13
(i) subject to subparagraph (C), the
14
Secretary agrees
15
(I) to pay loans on behalf of the
16
individual in accordance with the pro-
17
visions of this section; and
18
(II) to accept (subject to the
19
availability of appropriated funds for
20
carrying out this section) the individ-
21
ual into the Service or place the indi-
22
vidual with a Tribal Health Program
23
or Urban Indian Organization as pro-
24
vided in clause (ii)(III); and
S 1057 IS
50
47
1
(ii) subject to subparagraph (C), the
individual agrees
(I) to accept loan payments on
behalf of the individual;
(II) in the case of an individual
described in subsection (b)(1)
(aa) to maintain enrollment
in a course of study or training
described in subsection (b)(1)(A)
10
until the individual completes the
11
course of study or training; and
12
(bb) while enrolled in such
13
course of study or training, to
14
maintain an acceptable level of
15
academic
16
mined under regulations of the
17
Secretary by the educational in-
18
stitution offering such course of
19
study or training); and
20
(III) to serve for a time period
21
(hereinafter in this section referred to
22
as the period of obligated service)
23
equal to 2 years or such longer period
24
as the individual may agree to serve
25
in the full-time clinical practice of
S 1057 IS
standing
(as
deter-
51
48
1
such individuals profession in an In-
dian Health Program or Urban In-
dian Organization to which the indi-
vidual may be assigned by the Sec-
retary;
(B) a provision permitting the Secretary
to extend for such longer additional periods, as
the individual may agree to, the period of obli-
gated service agreed to by the individual under
10
subparagraph (A)(ii)(III);
11
(C) a provision that any financial obliga-
12
tion of the United States arising out of a con-
13
tract entered into under this section and any
14
obligation of the individual which is conditioned
15
thereon is contingent upon funds being appro-
16
priated for loan repayments under this section;
17
(D) a statement of the damages to which
18
the United States is entitled under subsection
19
(l) for the individuals breach of the contract;
20
and
21
(E) such other statements of the rights
22
and liabilities of the Secretary and of the indi-
23
vidual, not inconsistent with this section.
S 1057 IS
52
49
1
(f) DEADLINE
FOR
DECISION
ON
APPLICATION.
2 The Secretary shall provide written notice to an individual

3 within 21 days on
4
(1) the Secretarys approving, under sub-
section (e)(1), of the individuals participation in the
Loan Repayment Program, including extensions re-
sulting in an aggregate period of obligated service in
excess of 4 years; or
(2) the Secretarys disapproving an individ-
10
uals participation in such Program.
11
(g) PAYMENTS.
12
(1) IN
GENERAL.A
loan repayment provided
13
for an individual under a written contract under the
14
Loan Repayment Program shall consist of payment,
15
in accordance with paragraph (2), on behalf of the
16
individual of the principal, interest, and related ex-
17
penses on government and commercial loans received
18
by the individual regarding the undergraduate or
19
graduate education of the individual (or both), which
20
loans were made for
21
(A) tuition expenses;
22
(B) all other reasonable educational ex-
23
penses, including fees, books, and laboratory ex-
24
penses, incurred by the individual; and
S 1057 IS
53
50
1
(C) reasonable living expenses as deter-
mined by the Secretary.
(2) AMOUNT.For each year of obligated
service that an individual contracts to serve under
subsection (e), the Secretary may pay up to $35,000
or an amount equal to the amount specified in sec-
tion 338B(g)(2)(A) of the Public Health Service
Act, whichever is more, on behalf of the individual
for loans described in paragraph (1). In making a
10
determination of the amount to pay for a year of
11
such service by an individual, the Secretary shall
12
consider
13
determination
the
extent
to
which
each
such
14
(A) affects the ability of the Secretary to
15
maximize the number of contracts that can be
16
provided under the Loan Repayment Program
17
from the amounts appropriated for such con-
18
tracts;
19
(B) provides an incentive to serve in In-
20
dian Health Programs and Urban Indian Orga-
21
nizations with the greatest shortages of health
22
professionals; and
23
(C) provides an incentive with respect to
24
the health professional involved remaining in an
25
Indian Health Program or Urban Indian Orga-
S 1057 IS
54
51
1
nization with such a health professional short-
age, and continuing to provide primary health
services, after the completion of the period of
obligated service under the Loan Repayment
Program.
(3) TIMING.Any arrangement made by the
Secretary for the making of loan repayments in ac-
cordance with this subsection shall provide that any
repayments for a year of obligated service shall be
10
made no later than the end of the fiscal year in
11
which the individual completes such year of service.
12
(4) REIMBURSEMENTS
FOR TAX LIABILITY.
13
For the purpose of providing reimbursements for tax
14
liability resulting from a payment under paragraph
15
(2) on behalf of an individual, the Secretary
16
(A) in addition to such payments, may
17
make payments to the individual in an amount
18
equal to not less than 20 percent and not more
19
than 39 percent of the total amount of loan re-
20
payments made for the taxable year involved;
21
and
22
(B) may make such additional payments
23
as the Secretary determines to be appropriate
24
with respect to such purpose.
S 1057 IS
55
52
1
(5)
PAYMENT
SCHEDULE.The
Secretary
may enter into an agreement with the holder of any
loan for which payments are made under the Loan
Repayment Program to establish a schedule for the
making of such payments.
(h) EMPLOYMENT CEILING.Notwithstanding any
7 other provision of law, individuals who have entered into

8 written contracts with the Secretary under this section
9 shall not be counted against any employment ceiling af10 fecting the Department while those individuals are under11 going academic training.
12
(i) RECRUITMENT.The Secretary shall conduct re-
13 cruiting programs for the Loan Repayment Program and

14 other Service manpower programs of the Service at edu15 cational institutions training health professionals or spe16 cialists identified in subsection (a).
17
(j) APPLICABILITY
OF
LAW.Section 214 of the
18 Public Health Service Act (42 U.S.C. 215) shall not apply
19 to individuals during their period of obligated service
20 under the Loan Repayment Program.
21
(k) ASSIGNMENT
OF INDIVIDUALS.The
Secretary,
22 in assigning individuals to serve in Indian Health Pro23 grams or Urban Indian Organizations pursuant to con24 tracts entered into under this section, shall
S 1057 IS
56
53
1
(1) ensure that the staffing needs of Tribal
Health Programs and Urban Indian Organizations
receive consideration on an equal basis with pro-
grams that are administered directly by the Service;
and
(2) give priority to assigning individuals to In-
dian Health Programs and Urban Indian Organiza-
tions that have a need for health professionals to
provide health care services as a result of individuals
10
having breached contracts entered into under this
11
section.
12
(l) BREACH OF CONTRACT.
13
(1) SPECIFIC
BREACHES.An
individual who
14
has entered into a written contract with the Sec-
15
retary under this section and has not received a
16
waiver under subsection (m) shall be liable, in lieu
17
of any service obligation arising under such contract,
18
to the United States for the amount which has been
19
paid on such individuals behalf under the contract
20
if that individual
21
22
(A) is enrolled in the final year of a

course of study and
23
(i) fails to maintain an acceptable
24
level of academic standing in the edu-
25
cational institution in which he or she is
S 1057 IS
57
54
1
enrolled (such level determined by the edu-
cational institution under regulations of
the Secretary);
(ii) voluntarily terminates such en-
rollment; or
(iii) is dismissed from such edu-
cational institution before completion of
such course of study; or
(B) is enrolled in a graduate training pro-
10
gram and fails to complete such training pro-
11
gram.
12
(2)
OTHER
BREACHES;
FORMULA
FOR
13
AMOUNT OWED.If,
14
paragraph (1), an individual breaches his or her
15
written contract under this section by failing either
16
to begin, or complete, such individuals period of ob-
17
ligated service in accordance with subsection (e)(2),
18
the United States shall be entitled to recover from
19
such individual an amount to be determined in ac-
20
cordance with the following formula: A=3Z(ts/t)
21
in which
22
23
for any reason not specified in
(A) A is the amount the United States

is entitled to recover;
24
(B) Z is the sum of the amounts paid
25
under this section to, or on behalf of, the indi-
S 1057 IS
58
55
1
vidual and the interest on such amounts which
would be payable if, at the time the amounts
were paid, they were loans bearing interest at
the maximum legal prevailing rate, as deter-
mined by the Secretary of the Treasury;
(C) t is the total number of months in
the individuals period of obligated service in
accordance with subsection (f); and
(D) s is the number of months of such
10
period served by such individual in accordance
11
with this section.
12
(3) DEDUCTIONS
IN MEDICARE PAYMENTS.
13
Amounts not paid within such period shall be sub-
14
ject to collection through deductions in medicare
15
payments pursuant to section 1892 of the Social Se-
16
curity Act.
17
(4) TIME
PERIOD
FOR
REPAYMENT.Any
18
amount of damages which the United States is enti-
19
tled to recover under this subsection shall be paid to
20
the United States within the 1-year period beginning
21
on the date of the breach or such longer period be-
22
ginning on such date as shall be specified by the
23
Secretary.
24
(5) RECOVERY
S 1057 IS
OF DELINQUENCY.
59
56
1
(A) IN
GENERAL.If
damages described
in paragraph (4) are delinquent for 3 months,
the Secretary shall, for the purpose of recover-
ing such damages
(i) use collection agencies contracted
with by the Administrator of General Serv-
ices; or
(ii) enter into contracts for the re-
covery of such damages with collection
10
agencies selected by the Secretary.
11
(B) REPORT.Each contract for recover-
12
ing damages pursuant to this subsection shall
13
provide that the contractor will, not less than
14
once each 6 months, submit to the Secretary a
15
status report on the success of the contractor in
16
collecting such damages. Section 3718 of title
17
31, United States Code, shall apply to any such
18
contract to the extent not inconsistent with this
19
subsection.
20
21
(m) WAIVER OR SUSPENSION OF OBLIGATION.

(1) IN
GENERAL.The
Secretary shall by reg-
22
ulation provide for the partial or total waiver or sus-
23
pension of any obligation of service or payment by
24
an individual under the Loan Repayment Program
25
whenever compliance by the individual is impossible
S 1057 IS
60
57
1
or would involve extreme hardship to the individual
and if enforcement of such obligation with respect to
any individual would be unconscionable.
(2) CANCELED
UPON DEATH.Any
obligation
of an individual under the Loan Repayment Pro-
gram for service or payment of damages shall be
canceled upon the death of the individual.
(3) HARDSHIP
WAIVER.The
Secretary may
waive, in whole or in part, the rights of the United
10
States to recover amounts under this section in any
11
case of extreme hardship or other good cause shown,
12
as determined by the Secretary.
13
(4) BANKRUPTCY.Any obligation of an indi-
14
vidual under the Loan Repayment Program for pay-
15
ment of damages may be released by a discharge in
16
bankruptcy under title 11 of the United States Code
17
only if such discharge is granted after the expiration
18
of the 5-year period beginning on the first date that
19
payment of such damages is required, and only if
20
the bankruptcy court finds that nondischarge of the
21
obligation would be unconscionable.
22
(n) REPORT.The Secretary shall submit to the
23 President, for inclusion in each report required to be sub24 mitted to Congress under section 801, a report concerning
S 1057 IS
61
58
1 the previous fiscal year which sets forth by Service Area
2 the following:
3
(1) A list of the health professional positions
maintained by Indian Health Programs and Urban
Indian Organizations for which recruitment or reten-
tion is difficult.
(2) The number of Loan Repayment Program
applications filed with respect to each type of health
profession.
10
(3) The number of contracts described in sub-
11
section (e) that are entered into with respect to each
12
health profession.
13
14
(4) The amount of loan payments made under

this section, in total and by health profession.
15
(5) The number of scholarships that are pro-
16
vided under sections 104 and 106 with respect to
17
each health profession.
18
(6) The amount of scholarship grants provided
19
under section 104 and 106, in total and by health
20
profession.
21
(7) The number of providers of health care
22
that will be needed by Indian Health Programs and
23
Urban Indian Organizations, by location and profes-
24
sion, during the 3 fiscal years beginning after the
25
date the report is filed.
S 1057 IS
62
59
1
(8) The measures the Secretary plans to take
to fill the health professional positions maintained
by Indian Health Programs or Urban Indian Orga-
nizations for which recruitment or retention is dif-
ficult.
SEC. 111. SCHOLARSHIP AND LOAN REPAYMENT RECOV-
7
8
ERY FUND.
(a) ESTABLISHMENT.There is established in the
9 Treasury of the United States a fund to be known as the

10 Indian Health Scholarship and Loan Repayment Recovery
11 Fund (hereafter in this section referred to as the LRRF).
12 The LRRF shall consist of such amounts as may be col13 lected from individuals under section 104(d), section
14 106(e), and section 110(l) for breach of contract, such
15 funds as may be appropriated to the LRRF, and interest
16 earned on amounts in the LRRF. All amounts collected,
17 appropriated, or earned relative to the LRRF shall remain
18 available until expended.
19
20
(b) USE OF FUNDS.

(1) BY
SECRETARY.Amounts
in the LRRF
21
may be expended by the Secretary, acting through
22
the Service, to make payments to an Indian Health
23
Program
24
(A) to which a scholarship recipient under
25
section 104 and 106 or a loan repayment pro-
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60
1
gram participant under section 110 has been
assigned to meet the obligated service require-
ments pursuant to such sections; and
(B) that has a need for a health profes-
sional to provide health care services as a result
of such recipient or participant having breached
the contract entered into under section 104,
106, or section 110.
(2) BY
TRIBAL HEALTH PROGRAMS.A
Tribal
10
Health Program receiving payments pursuant to
11
paragraph (1) may expend the payments to provide
12
scholarships or recruit and employ, directly or by
13
contract, health professionals to provide health care
14
services.
15
(c) INVESTMENT
OF
FUNDS.The Secretary of the
16 Treasury shall invest such amounts of the LRRF as the

17 Secretary of Health and Human Services determines are
18 not required to meet current withdrawals from the LRRF.
19 Such investments may be made only in interest bearing
20 obligations of the United States. For such purpose, such
21 obligations may be acquired on original issue at the issue
22 price, or by purchase of outstanding obligations at the
23 market price.
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1
(d) SALE
OF
OBLIGATIONS.Any obligation ac-
2 quired by the LRRF may be sold by the Secretary of the

3 Treasury at the market price.
4
5
SEC. 112. RECRUITMENT ACTIVITIES.
(a) REIMBURSEMENT
FOR
TRAVEL.The Sec-
6 retary, acting through the Service, may reimburse health

7 professionals seeking positions with Indian Health Pro8 grams or Urban Indian Organizations, including individ9 uals considering entering into a contract under section
10 110 and their spouses, for actual and reasonable expenses
11 incurred in traveling to and from their places of residence
12 to an area in which they may be assigned for the purpose
13 of evaluating such area with respect to such assignment.
14
(b) RECRUITMENT PERSONNEL.The Secretary,
15 acting through the Service, shall assign one individual in

16 each Area Office to be responsible on a full-time basis for
17 recruitment activities.
18
SEC. 113. INDIAN RECRUITMENT AND RETENTION PRO-
19
20
GRAM.
21 the Service, shall fund, on a competitive basis, innovative

22 demonstration projects for a period not to exceed 3 years
23 to enable Tribal Health Programs and Urban Indian Or24 ganizations to recruit, place, and retain health profes25 sionals to meet their staffing needs.
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1
(b) ELIGIBLE ENTITIES; APPLICATION.Any Trib-
2 al Health Program or Urban Indian Organization may

3 submit an application for funding of a project pursuant
4 to this section.
5
6
SEC. 114. ADVANCED TRAINING AND RESEARCH.
(a) DEMONSTRATION PROGRAM.The Secretary,
7 acting through the Service, shall establish a demonstration

8 project to enable health professionals who have worked in
9 an Indian Health Program or Urban Indian Organization
10 for a substantial period of time to pursue advanced train11 ing or research areas of study for which the Secretary de12 termines a need exists.
13
(b) SERVICE OBLIGATION.An individual who par-
14 ticipates in a program under subsection (a), where the

15 educational costs are borne by the Service, shall incur an
16 obligation to serve in an Indian Health Program or Urban
17 Indian Organization for a period of obligated service equal
18 to at least the period of time during which the individual
19 participates in such program. In the event that the indi20 vidual fails to complete such obligated service, the individ21 ual shall be liable to the United States for the period of
22 service remaining. In such event, with respect to individ23 uals entering the program after the date of enactment of
24 the Indian Health Care Improvement Act Amendments of
25 2005, the United States shall be entitled to recover from
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1 such individual an amount to be determined in accordance
2 with the formula specified in subsection (l) of section 110
3 in the manner provided for in such subsection.
4
(c) EQUAL OPPORTUNITY
FOR
PARTICIPATION.
5 Health professionals from Tribal Health Programs and

6 Urban Indian Organizations shall be given an equal oppor7 tunity to participate in the program under subsection (a).
8
SEC. 115. QUENTIN N. BURDICK AMERICAN INDIANS INTO
9
10
NURSING PROGRAM.
(a) GRANTS AUTHORIZED.For the purpose of in-
11 creasing the number of nurses, nurse midwives, and nurse

12 practitioners who deliver health care services to Indians,
13 the Secretary, acting through the Service, shall provide
14 grants to the following:
15
(1) Public or private schools of nursing.
16
(2) Tribal colleges or universities.
17
(3) Nurse midwife programs and advanced
18
practice nurse programs that are provided by any
19
tribal college or university accredited nursing pro-
20
gram, or in the absence of such, any other public or
21
private institutions.
22
(b) USE
OF
GRANTS.Grants provided under sub-
23 section (a) may be used for one or more of the following:
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64
1
(1) To recruit individuals for programs which
train individuals to be nurses, nurse midwives, or
advanced practice nurses.
(2) To provide scholarships to Indians enrolled
in such programs that may pay the tuition charged
for such program and other expenses incurred in
connection with such program, including books, fees,
room and board, and stipends for living expenses.
(3) To provide a program that encourages
10
nurses, nurse midwives, and advanced practice
11
nurses to provide, or continue to provide, health care
12
services to Indians.
13
(4) To provide a program that increases the
14
skills of, and provides continuing education to,
15
nurses, nurse midwives, and advanced practice
16
nurses.
17
(5) To provide any program that is designed
18
to achieve the purpose described in subsection (a).
19
(c) APPLICATIONS.Each application for funding
20 under subsection (a) shall include such information as the

21 Secretary may require to establish the connection between
22 the program of the applicant and a health care facility
23 that primarily serves Indians.
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65
1
(d) PREFERENCES
FOR
GRANT RECIPIENTS.In
2 providing grants under subsection (a), the Secretary shall

3 extend a preference to the following:
4
5
6
7
(1) Programs that provide a preference to Indians.

(2) Programs that train nurse midwives or advanced practice nurses.
(3) Programs that are interdisciplinary.
(4) Programs that are conducted in coopera-
10
tion with a program for gifted and talented Indian
11
students.
12
(e) QUENTIN N. BURDICK PROGRAM GRANT.The
13 Secretary shall provide one of the grants authorized under

14 subsection (a) to establish and maintain a program at the
15 University of North Dakota to be known as the Quentin
16 N. Burdick American Indians Into Nursing Program.
17 Such program shall, to the maximum extent feasible, co18 ordinate with the Quentin N. Burdick Indian Health Pro19 grams established under section 117(b) and the Quentin
20 N. Burdick American Indians Into Psychology Program
21 established under section 105(b).
22
(f) ACTIVE DUTY SERVICE OBLIGATION.The ac-
23 tive duty service obligation prescribed under section 338C

24 of the Public Health Service Act (42 U.S.C. 254m) shall
25 be met by each individual who receives training or assist-
S 1057 IS
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66
1 ance described in paragraph (1) or (2) of subsection (b)
2 that is funded by a grant provided under subsection (a).
3 Such obligation shall be met by service
4
(1) in the Service;
(2) in a program of an Indian Tribe or Tribal
Organization conducted under the Indian Self-Deter-
mination and Education Assistance Act (including
programs under agreements with the Bureau of In-
dian Affairs);
10
11
(3) in a program assisted under title V of this

Act; or
12
(4) in the private practice of nursing if, as de-
13
termined by the Secretary, in accordance with guide-
14
lines promulgated by the Secretary, such practice is
15
situated in a physician or other health shortage area
16
and addresses the health care needs of a substantial
17
number of Indians.
18
19
SEC. 116. TRIBAL CULTURAL ORIENTATION.
(a) CULTURAL EDUCATION
OF
EMPLOYEES.The
20 Secretary, acting through the Service, shall require that

21 appropriate employees of the Service who serve Indian
22 Tribes in each Service Area receive educational instruction
23 in the history and culture of such Indian Tribes and their
24 relationship to the Service.
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67
1
(b) PROGRAM.In carrying out subsection (a), the
2 Secretary shall establish a program which shall, to the ex3 tent feasible
4
(1) be developed in consultation with the af-
fected Indian Tribes, Tribal Organizations, and
Urban Indian Organizations;
7
8
9
10
(2) be carried out through tribal colleges or

universities;
(3) include instruction in American Indian
studies; and
11
(4) describe the use and place of Traditional
12
Health Care Practices of the Indian Tribes in the
13
Service Area.
14
15
SEC. 117. INMED PROGRAM.
16 through the Service, is authorized to provide grants to col17 leges and universities for the purpose of maintaining and
18 expanding the Indian health careers recruitment program
19 known as the Indians Into Medicine Program (herein20 after in this section referred to as INMED) as a means
21 of encouraging Indians to enter the health professions.
22
(b) QUENTIN N. BURDICK GRANT.The Secretary
23 shall provide one of the grants authorized under sub24 section (a) to maintain the INMED program at the Uni25 versity of North Dakota, to be known as the Quentin N.
S 1057 IS
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68
1 Burdick Indian Health Programs, unless the Secretary
2 makes a determination, based upon program reviews, that
3 the program is not meeting the purposes of this section.
4 Such program shall, to the maximum extent feasible, co5 ordinate with the Quentin N. Burdick American Indians
6 Into Psychology Program established under section 105(b)
7 and the Quentin N. Burdick American Indians Into Nurs8 ing Program established under section 115.
9
(c) REGULATIONS.The Secretary, pursuant to this
10 Act, shall develop regulations to govern grants pursuant

11 to this section.
12
(d) REQUIREMENTS.Applicants for grants pro-
13 vided under this section shall agree to provide a program

14 which
15
(1) provides outreach and recruitment for
16
health professions to Indian communities including
17
elementary and secondary schools and community
18
colleges located on reservations which will be served
19
by the program;
20
(2) incorporates a program advisory board
21
comprised of representatives from the Indian Tribes
22
and Indian communities which will be served by the
23
program;
24
(3) provides summer preparatory programs for
25
Indian students who need enrichment in the subjects
S 1057 IS
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69
1
of math and science in order to pursue training in
the health professions;
(4) provides tutoring, counseling, and support
to students who are enrolled in a health career pro-
gram of study at the respective college or university;
and
7
8
9
(5) to the maximum extent feasible, employs

qualified Indians in the program.
SEC. 118. HEALTH TRAINING PROGRAMS OF COMMUNITY
10
11
12
COLLEGES.
(a) GRANTS TO ESTABLISH PROGRAMS.

(1) IN
GENERAL.The
Secretary, acting
13
through the Service, shall award grants to accredited
14
and accessible community colleges for the purpose of
15
assisting such community colleges in the establish-
16
ment of programs which provide education in a
17
health profession leading to a degree or diploma in
18
a health profession for individuals who desire to
19
practice such profession on or near a reservation or
20
in an Indian Health Program.
21
(2) AMOUNT
OF GRANTS.The
amount of any
22
grant awarded to a community college under para-
23
graph (1) for the first year in which such a grant
24
is provided to the community college shall not exceed
25
$100,000.
S 1057 IS
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70
1
2
3
(b) GRANTS
FOR
MAINTENANCE
AND
RECRUIT-
ING.
(1) IN
GENERAL.The
Secretary, acting
through the Service, shall award grants to accredited
and accessible community colleges that have estab-
lished a program described in subsection (a)(1) for
the purpose of maintaining the program and recruit-
ing students for the program.
(2) REQUIREMENTS.Grants may only be
10
made under this section to a community college
11
which
12
(A) is accredited;
13
(B) has a relationship with a hospital fa-
14
cility, Service facility, or hospital that could
15
provide training of nurses or health profes-
16
sionals;
17
(C) has entered into an agreement with
18
an accredited college or university medical
19
school, the terms of which
20
(i) provide a program that enhances
21
the transition and recruitment of students
22
into advanced baccalaureate or graduate
23
programs which train health professionals;
24
and
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71
1
(ii) stipulate certifications necessary
to approve internship and field placement
opportunities at Indian Health Programs;
(D) has a qualified staff which has the
appropriate certifications;
(E) is capable of obtaining State or re-
gional accreditation of the program described in
subsection (a)(1); and
(F) agrees to provide for Indian pref-
10
erence for applicants for programs under this
11
section.
12
(c) TECHNICAL ASSISTANCE.The Secretary shall
13 encourage community colleges described in subsection

14 (b)(2) to establish and maintain programs described in
15 subsection (a)(1) by
16
(1) entering into agreements with such col-
17
leges for the provision of qualified personnel of the
18
Service to teach courses of study in such programs;
19
and
20
(2) providing technical assistance and support
21
to such colleges.
22
(d) ADVANCED TRAINING.
23
(1) REQUIRED.Any program receiving as-
24
sistance under this section that is conducted with re-
25
spect to a health profession shall also offer courses
S 1057 IS
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72
1
of study which provide advanced training for any
health professional who
3
4
(A) has already received a degree or diploma in such health profession; and
(B) provides clinical services on or near a
reservation or for an Indian Health Program.
(2) MAY
BE OFFERED AT ALTERNATE SITE.
Such courses of study may be offered in conjunction
with the college or university with which the commu-
10
nity college has entered into the agreement required
11
under subsection (b)(2)(C).
12
(e) FUNDING PRIORITY.Where the requirements
13 of subsection (b) are met, funding priority shall be pro14 vided to tribal colleges and universities in Service Areas
15 where they exist.
16
17
SEC. 119. RETENTION BONUS.
(a) BONUS AUTHORIZED.The Secretary may pay
18 a retention bonus to any health professional employed by,

19 or assigned to, and serving in, an Indian Health Program
20 or Urban Indian Organization either as a civilian employee
21 or as a commissioned officer in the Regular or Reserve
22 Corps of the Public Health Service who
23
(1) is assigned to, and serving in, a position
24
for which recruitment or retention of personnel is
25
difficult;
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73
1
(2) the Secretary determines is needed by In-
dian Health Programs and Urban Indian Organiza-
tions;
(3) has
(A) completed 3 years of employment
with an Indian Health Program or Urban In-
dian Organization; or
(B) completed any service obligations in-
curred as a requirement of
10
(i) any Federal scholarship program;
11
or
12
(ii) any Federal education loan re-
13
payment program; and
14
(4) enters into an agreement with an Indian
15
Health Program or Urban Indian Organization for
16
continued employment for a period of not less than
17
1 year.
18
(b) RATES.The Secretary may establish rates for
19 the retention bonus which shall provide for a higher an20 nual rate for multiyear agreements than for single year
21 agreements referred to in subsection (a)(4), but in no
22 event shall the annual rate be more than $25,000 per
23 annum.
24
(c) DEFAULT
OF
RETENTION AGREEMENT.Any
25 health professional failing to complete the agreed upon
S 1057 IS
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74
1 term of service, except where such failure is through no
2 fault of the individual, shall be obligated to refund to the
3 Government the full amount of the retention bonus for the
4 period covered by the agreement, plus interest as deter5 mined by the Secretary in accordance with section
6 110(l)(2)(B).
7
(d) OTHER RETENTION BONUS.The Secretary
8 may pay a retention bonus to any health professional em9 ployed by a Tribal Health Program if such health profes10 sional is serving in a position which the Secretary deter11 mines is
12
13
14
15
16
17
(1) a position for which recruitment or retention is difficult; and

(2) necessary for providing health care services
to Indians.
SEC. 120. NURSING RESIDENCY PROGRAM.
(a) ESTABLISHMENT
OF
PROGRAM.The Sec-
18 retary, acting through the Service, shall establish a pro19 gram to enable Indians who are licensed practical nurses,
20 licensed vocational nurses, and registered nurses who are
21 working in an Indian Health Program or Urban Indian
22 Organization, and have done so for a period of not less
23 than 1 year, to pursue advanced training. Such program
24 shall include a combination of education and work study
25 in an Indian Health Program or Urban Indian Organiza-
S 1057 IS
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75
1 tion leading to an associate or bachelors degree (in the
2 case of a licensed practical nurse or licensed vocational
3 nurse), a bachelors degree (in the case of a registered
4 nurse), or advanced degrees or certifications in nursing
5 and public health.
6
(b) SERVICE OBLIGATION.An individual who par-
7 ticipates in a program under subsection (a), where the

8 educational costs are paid by the Service, shall incur an
9 obligation to serve in an Indian Health Program or Urban
10 Indian Organization for a period of obligated service equal
11 to the amount of time during which the individual partici12 pates in such program. In the event that the individual
13 fails to complete such obligated service, the United States
14 shall be entitled to recover from such individual an amount
15 determined in accordance with the formula specified in
16 subsection (l) of section 110 in the manner provided for
17 in such subsection.
18
SEC. 121. COMMUNITY HEALTH AIDE PROGRAM FOR ALAS-
19
20
KA.
(a) GENERAL PURPOSES
OF
PROGRAM.Under the
21 authority of the Act of November 2, 1921 (25 U.S.C. 13)

22 (commonly known as the Snyder Act), the Secretary, act23 ing through the Service, shall develop and operate a Com24 munity Health Aide Program in Alaska under which the
25 Service
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76
1
2
(1) provides for the training of Alaska Natives

as health aides or community health practitioners;
(2) uses such aides or practitioners in the pro-
vision of health care, health promotion, and disease
prevention services to Alaska Natives living in vil-
lages in rural Alaska; and
(3) provides for the establishment of tele-
conferencing capacity in health clinics located in or
near such villages for use by community health aides
10
or community health practitioners.
11
(b) SPECIFIC PROGRAM REQUIREMENTS.The Sec-
12 retary, acting through the Community Health Aide Pro13 gram of the Service, shall
14
(1) using trainers accredited by the Program,
15
provide a high standard of training to community
16
health aides and community health practitioners to
17
ensure that such aides and practitioners provide
18
quality health care, health promotion, and disease
19
prevention services to the villages served by the Pro-
20
gram;
21
22
(2) in order to provide such training, develop

a curriculum that
23
(A) combines education in the theory of
24
health care with supervised practical experience
25
in the provision of health care;
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77
1
(B) provides instruction and practical ex-
perience in the provision of acute care, emer-
gency care, health promotion, disease preven-
tion, and the efficient and effective manage-
ment of clinic pharmacies, supplies, equipment,
and facilities; and
(C) promotes the achievement of the
health status objectives specified in section
3(2);
10
(3) establish and maintain a Community
11
Health Aide Certification Board to certify as com-
12
munity health aides or community health practition-
13
ers individuals who have successfully completed the
14
training described in paragraph (1) or can dem-
15
onstrate equivalent experience;
16
(4) develop and maintain a system which iden-
17
tifies the needs of community health aides and com-
18
munity health practitioners for continuing education
19
in the provision of health care, including the areas
20
described in paragraph (2)(B), and develop pro-
21
grams that meet the needs for such continuing edu-
22
cation;
23
(5) develop and maintain a system that pro-
24
vides close supervision of community health aides
25
and community health practitioners; and
S 1057 IS
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78
1
(6) develop a system under which the work of
community health aides and community health prac-
titioners is reviewed and evaluated to assure the pro-
vision of quality health care, health promotion, and
disease prevention services.
(c) NATIONAL COMMUNITY HEALTH AIDE PRO-
7
8
GRAM.
(1) IN
GENERAL.The
Secretary, acting
through the Service, is authorized to establish a na-
10
tional Community Health Aide Program in accord-
11
ance with subsection (a), except as provided in para-
12
graphs (2) and (3), without reducing funds for the
13
Community Health Aide Program for Alaska.
14
(2) LIMITED
CERTIFICATION.Except
for any
15
dental health aide in the State of Alaska, the Sec-
16
retary, acting through the Community Health Aide
17
Program of the Service, shall ensure that, for a pe-
18
riod of 4 years, dental health aides are certified only
19
to provide services relating to
20
21
(A) early childhood dental disease prevention and reversible dental procedures; and
22
(B) the development of local capacity to
23
provide those dental services.
24
(3) REVIEW.
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79
1
(A) IN
GENERAL.During
the 4-year pe-
riod described in paragraph (2), the Secretary,
acting through the Community Health Aide
Program of the Service, shall conduct a review
of the dental health aide program in the State
of Alaska to determine the ability of the pro-
gram to address the dental care needs of Native
Alaskans, the quality of care provided (includ-
ing any training, improvement, or additional
10
oversight needed), and whether the program is
11
appropriate and necessary to carry out in any
12
other Indian community.
13
(B) REPORT.After conducting the re-
14
view under subparagraph (A), the Secretary
15
shall submit to the Committee on Indian Af-
16
fairs of the Senate and the Committee on Re-
17
sources of the House of Representatives a re-
18
port describing any finding of the Secretary
19
under the review.
20
(C) FUTURE
AUTHORIZATION OF CER-
21
TIFICATIONS.Before
22
procedure not described in paragraph (2)(A),
23
the Secretary shall consult with Indian tribes,
24
Tribal Organizations, Urban Indian Organiza-
25
tions, and other interested parties to ensure
S 1057 IS
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83
80
1
that the safety and quality of care of the Com-
munity Health Aide Program are adequate and
appropriate.
SEC. 122. TRIBAL HEALTH PROGRAM ADMINISTRATION.
The Secretary, acting through the Service, shall, by
6 contract or otherwise, provide training for Indians in the

7 administration and planning of Tribal Health Programs.
8
SEC. 123. HEALTH PROFESSIONAL CHRONIC SHORTAGE
DEMONSTRATION PROGRAMS.
10
(a) DEMONSTRATION PROGRAMS AUTHORIZED.
11 The Secretary, acting through the Service, may fund dem12 onstration programs for Tribal Health Programs to ad13 dress the chronic shortages of health professionals.
14
(b) PURPOSES
OF
PROGRAMS.The purposes of
15 demonstration programs funded under subsection (a) shall

16 be
17
(1) to provide direct clinical and practical ex-
18
perience at a Service Unit to health profession stu-
19
dents and residents from medical schools;
20
(2) to improve the quality of health care for
21
Indians by assuring access to qualified health care
22
professionals; and
23
(3) to provide academic and scholarly opportu-
24
nities for health professionals serving Indians by
S 1057 IS
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81
1
identifying all academic and scholarly resources of
the region.
(c) ADVISORY BOARD.The demonstration pro-
4 grams established pursuant to subsection (a) shall incor5 porate a program advisory board composed of representa6 tives from the Indian Tribes and Indian communities in
7 the area which will be served by the program.
8
9
SEC. 124. NATIONAL HEALTH SERVICE CORPS.
(a) NO REDUCTION
IN
SERVICES.The Secretary
10 shall not
11
(1) remove a member of the National Health
12
Service Corps from an Indian Health Program or
13
Urban Indian Organization; or
14
(2) withdraw funding used to support such
15
member, unless the Secretary, acting through the
16
Service, Indian Tribes, or Tribal Organizations, has
17
ensured that the Indians receiving services from
18
such member will experience no reduction in serv-
19
ices.
20
(b) EXEMPTION FROM LIMITATIONS.National
21 Health Service Corps scholars qualifying for the Commis22 sioned Corps in the United States Public Health Service
23 shall be exempt from the full-time equivalent limitations
24 of the National Health Service Corps and the Service
S 1057 IS
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82
1 when serving as a commissioned corps officer in a Tribal
2 Health Program or an Urban Indian Organization.
3
SEC. 125. SUBSTANCE ABUSE COUNSELOR EDUCATIONAL
4
5
CURRICULA DEMONSTRATION PROGRAMS.
(a) GRANTS
AND
CONTRACTS.The Secretary, act-
6 ing through the Service, may enter into contracts with,

7 or make grants to, accredited tribal colleges and univer8 sities and eligible accredited and accessible community col9 leges to establish demonstration programs to develop edu10 cational curricula for substance abuse counseling.
11
(b) USE
FUNDS.Funds provided under this
OF
12 section shall be used only for developing and providing

13 educational curriculum for substance abuse counseling (in14 cluding paying salaries for instructors). Such curricula
15 may be provided through satellite campus programs.
16
(c) TIME PERIOD
OF
ASSISTANCE; RENEWAL.A
17 contract entered into or a grant provided under this sec18 tion shall be for a period of 1 year. Such contract or grant
19 may be renewed for an additional 1-year period upon the
20 approval of the Secretary.
21
22
(d) CRITERIA
PLICATIONS.Not
FOR
REVIEW
AND
APPROVAL
OF
AP-
later than 180 days after the date of
23 enactment of the Indian Health Care Improvement Act

24 Amendments of 2005, the Secretary, after consultation
25 with Indian Tribes and administrators of tribal colleges
S 1057 IS
86
83
1 and universities and eligible accredited and accessible com2 munity colleges, shall develop and issue criteria for the
3 review and approval of applications for funding (including
4 applications for renewals of funding) under this section.
5 Such criteria shall ensure that demonstration programs
6 established under this section promote the development of
7 the capacity of such entities to educate substance abuse
8 counselors.
9
(e) ASSISTANCE.The Secretary shall provide such
10 technical and other assistance as may be necessary to en11 able grant recipients to comply with the provisions of this
12 section.
13
(f) REPORT.Each fiscal year, the Secretary shall
14 submit to the President, for inclusion in the report which

15 is required to be submitted under section 801 for that fis16 cal year, a report on the findings and conclusions derived
17 from the demonstration programs conducted under this
18 section during that fiscal year.
19
(g) DEFINITION.For the purposes of this section,
20 the term educational curriculum means 1 or more of the

21 following:
22
(1) Classroom education.
23
(2) Clinical work experience.
24
(3) Continuing education workshops.
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SEC. 126. BEHAVIORAL HEALTH TRAINING AND COMMU-
2
3
NITY EDUCATION PROGRAMS.
(a) STUDY; LIST.The Secretary, acting through
4 the Service, and the Secretary of the Interior, in consulta5 tion with Indian Tribes and Tribal Organizations, shall
6 conduct a study and compile a list of the types of staff
7 positions specified in subsection (b) whose qualifications
8 include, or should include, training in the identification,
9 prevention, education, referral, or treatment of mental ill10 ness, or dysfunctional and self destructive behavior.
11
(b) POSITIONS.The positions referred to in sub-
12 section (a) are

13
(1) staff positions within the Bureau of Indian
14
Affairs, including existing positions, in the fields
15
of
16
(A) elementary and secondary education;
17
(B) social services and family and child
18
welfare;
19
20
(C) law enforcement and judicial services;

and
21
(D) alcohol and substance abuse;
22
(2) staff positions within the Service; and
23
(3) staff positions similar to those identified in
24
paragraphs (1) and (2) established and maintained
25
by Indian Tribes, Tribal Organizations (without re-
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1
gard to the funding source), and Urban Indian Or-
ganizations.
(c) TRAINING CRITERIA.
(1) IN
GENERAL.The
appropriate Secretary
shall provide training criteria appropriate to each
type of position identified in subsection (b)(1) and
(b)(2) and ensure that appropriate training has
been, or shall be provided to any individual in any
such position. With respect to any such individual in
10
a position identified pursuant to subsection (b)(3),
11
the respective Secretaries shall provide appropriate
12
training to, or provide funds to, an Indian Tribe,
13
Tribal Organization, or Urban Indian Organization
14
for training of appropriate individuals. In the case of
15
positions funded under a contract or compact under
16
the Indian Self-Determination and Education Assist-
17
ance Act (25 U.S.C. 450 et seq.), the appropriate
18
Secretary shall ensure that such training costs are
19
included in the contract or compact, as the Sec-
20
retary determines necessary.
21
(2) POSITION
SPECIFIC TRAINING CRITERIA.
22
Position specific training criteria shall be culturally
23
relevant to Indians and Indian Tribes and shall en-
24
sure that appropriate information regarding Tradi-
25
tional Health Care Practices is provided.
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2
(d) COMMUNITY EDUCATION

NESS.The
ON
MENTAL ILL-
Service shall develop and implement, on re-
3 quest of an Indian Tribe, Tribal Organization, or Urban

4 Indian Organization, or assist the Indian Tribe, Tribal Or5 ganization, or Urban Indian Organization to develop and
6 implement, a program of community education on mental
7 illness. In carrying out this subsection, the Service shall,
8 upon request of an Indian Tribe, Tribal Organization, or
9 Urban Indian Organization, provide technical assistance
10 to the Indian Tribe, Tribal Organization, or Urban Indian
11 Organization to obtain and develop community edu12 cational materials on the identification, prevention, refer13 ral, and treatment of mental illness and dysfunctional and
14 self-destructive behavior.
15
(e) PLAN.Not later than 90 days after the date
16 of enactment of the Indian Health Care Improvement Act

17 Amendments of 2005, the Secretary shall develop a plan
18 under which the Service will increase the health care staff
19 providing behavioral health services by at least 500 posi20 tions within 5 years after the date of enactment of this
21 section, with at least 200 of such positions devoted to
22 child, adolescent, and family services. The plan developed
23 under this subsection shall be implemented under the Act
25 as the Snyder Act).
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2
SEC. 127. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums
3 as may be necessary for each fiscal year through fiscal

4 year 2015 to carry out this title.
5
6
7
TITLE IIHEALTH SERVICES

SEC. 201. INDIAN HEALTH CARE IMPROVEMENT FUND.
(a) USE OF FUNDS.The Secretary, acting through
8 the Service, is authorized to expend funds, directly or

9 under the authority of the Indian Self-Determination and
10 Education Assistance Act (25 U.S.C. 450 et seq.), which
11 are appropriated under the authority of this section, for
12 the purposes of
13
14
(1) eliminating the deficiencies in health status and health resources of all Indian Tribes;
15
16
(2) eliminating backlogs in the provision of

health care services to Indians;
17
(3) meeting the health needs of Indians in an
18
efficient and equitable manner, including the use of
19
telehealth and telemedicine when appropriate;
20
(4) eliminating inequities in funding for both
21
direct care and contract health service programs;
22
and
23
(5) augmenting the ability of the Service to
24
meet the following health service responsibilities with
25
respect to those Indian Tribes with the highest levels
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1
of health status deficiencies and resource defi-
ciencies:
(A) Clinical care, including inpatient care,
outpatient care (including audiology, clinical
eye, and vision care), primary care, secondary
and tertiary care, and long-term care.
(B) Preventive health, including mam-
mography and other cancer screening in accord-
ance with section 207.
10
(C) Dental care.
11
(D) Mental health, including community
12
mental health services, inpatient mental health
13
services, dormitory mental health services,
14
therapeutic and residential treatment centers,
15
and training of traditional health care practi-
16
tioners.
17
(E) Emergency medical services.
18
(F) Treatment and control of, and reha-
19
bilitative care related to, alcoholism and drug
20
abuse (including fetal alcohol syndrome) among
21
Indians.
22
(G) Accident prevention programs.
23
(H) Home health care.
24
(I) Community health representatives.
25
(J) Maintenance and repair.
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1
2
(K) Traditional Health Care Practices.

(b) NO OFFSET OR LIMITATION.Any funds appro-
3 priated under the authority of this section shall not be

4 used to offset or limit any other appropriations made to
5 the Service under this Act or the Act of November 2, 1921
6 (25 U.S.C. 13) (commonly known as the Snyder Act),
7 or any other provision of law.
8
9
(c) ALLOCATION; USE.

(1) IN
GENERAL.Funds
appropriated under
10
the authority of this section shall be allocated to
11
Service Units, Indian Tribes, or Tribal Organiza-
12
tions. The funds allocated to each Indian Tribe,
13
Tribal Organization, or Service Unit under this
14
paragraph shall be used by the Indian Tribe, Tribal
15
Organization, or Service Unit under this paragraph
16
to improve the health status and reduce the resource
17
deficiency of each Indian Tribe served by such Serv-
18
ice Unit, Indian Tribe, or Tribal Organization.
19
(2)
20
FUNDS.The
21
Service Unit, Indian Tribe, or Tribal Organization
22
under paragraph (1) among the health service re-
23
sponsibilities described in subsection (a)(5) shall be
24
determined by the Service in consultation with, and
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ALLOCATED
apportionment of funds allocated to a
93
90
1
with the active participation of, the affected Indian
Tribes and Tribal Organizations.
(d) PROVISIONS RELATING
AND
TO
HEALTH STATUS
RESOURCE DEFICIENCIES.For the purposes of this
5 section, the following definitions apply:

6
(1) DEFINITION.The term health status
and resource deficiency means the extent to
which
9
10
(A) the health status objectives set forth

in section 3(2) are not being achieved; and
11
(B) the Indian Tribe or Tribal Organiza-
12
tion does not have available to it the health re-
13
sources it needs, taking into account the actual
14
cost of providing health care services given local
15
geographic,
16
cumstances.
17
(2) AVAILABLE
climatic,
rural,
or
RESOURCES.The
other
cir-
health re-
18
sources available to an Indian Tribe or Tribal Orga-
19
nization include health resources provided by the
20
Service as well as health resources used by the In-
21
dian Tribe or Tribal Organization, including services
22
and financing systems provided by any Federal pro-
23
grams, private insurance, and programs of State or
24
local governments.
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1
(3) PROCESS
FOR REVIEW OF DETERMINA-
TIONS.The
which allow any Indian Tribe or Tribal Organization
to petition the Secretary for a review of any deter-
mination of the extent of the health status and re-
source deficiency of such Indian Tribe or Tribal Or-
ganization.
(e) ELIGIBILITY
Secretary shall establish procedures
FOR
FUNDS.Tribal Health Pro-
9 grams shall be eligible for funds appropriated under the

10 authority of this section on an equal basis with programs
11 that are administered directly by the Service.
12
(f) REPORT.By no later than the date that is 3
13 years after the date of enactment of the Indian Health

14 Care Improvement Act Amendments of 2005, the Sec15 retary shall submit to Congress the current health status
16 and resource deficiency report of the Service for each
17 Service Unit, including newly recognized or acknowledged
18 Indian Tribes. Such report shall set out
19
(1) the methodology then in use by the Service
20
for determining Tribal health status and resource
21
deficiencies, as well as the most recent application of
22
that methodology;
23
(2) the extent of the health status and re-
24
source deficiency of each Indian Tribe served by the
25
Service or a Tribal Health Program;
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1
(3) the amount of funds necessary to eliminate
the health status and resource deficiencies of all In-
dian Tribes served by the Service or a Tribal Health
Program; and
(4) an estimate of
(A) the amount of health service funds
appropriated under the authority of this Act, or
any other Act, including the amount of any
funds transferred to the Service for the preced-
10
ing fiscal year which is allocated to each Service
11
Unit, Indian Tribe, or Tribal Organization;
12
(B) the number of Indians eligible for
13
health services in each Service Unit or Indian
14
Tribe or Tribal Organization; and
15
(C) the number of Indians using the
16
Service resources made available to each Service
17
Unit, Indian Tribe or Tribal Organization, and,
18
to the extent available, information on the wait-
19
ing lists and number of Indians turned away for
20
services due to lack of resources.
21
(g) INCLUSION
IN
BASE BUDGET.Funds appro-
22 priated under this section for any fiscal year shall be in23 cluded in the base budget of the Service for the purpose
24 of determining appropriations under this section in subse25 quent fiscal years.
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1
(h) CLARIFICATION.Nothing in this section is in-
2 tended to diminish the primary responsibility of the Serv3 ice to eliminate existing backlogs in unmet health care
4 needs, nor are the provisions of this section intended to
5 discourage the Service from undertaking additional efforts
6 to achieve equity among Indian Tribes and Tribal Organi7 zations.
8
(i) FUNDING DESIGNATION.Any funds appro-
9 priated under the authority of this section shall be des10 ignated as the Indian Health Care Improvement Fund.
11
12
SEC. 202. CATASTROPHIC HEALTH EMERGENCY FUND.
(a) ESTABLISHMENT.There is established an In-
13 dian Catastrophic Health Emergency Fund (hereafter in

14 this section referred to as the CHEF) consisting of
15
16
17
(1) the amounts deposited under subsection

(f); and
(2) the amounts appropriated to CHEF under
18
this section.
19
(b) ADMINISTRATION.CHEF shall be adminis-
20 tered by the Secretary, acting through the central office

21 of the Service, solely for the purpose of meeting the ex22 traordinary medical costs associated with the treatment of
23 victims of disasters or catastrophic illnesses who are with24 in the responsibility of the Service.
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1
(c) CONDITIONS
ON
USE
OF
FUND.No part of
2 CHEF or its administration shall be subject to contract

3 or grant under any law, including the Indian Self-Deter4 mination and Education Assistance Act (25 U.S.C. 450
5 et seq.), nor shall CHEF funds be allocated, apportioned,
6 or delegated on an Area Office, Service Unit, or other
7 similar basis.
8
(d) REGULATIONS.The Secretary shall, through
9 the negotiated rulemaking process under title VIII, pro10 mulgate regulations consistent with the provisions of this
11 section to
12
(1) establish a definition of disasters and cata-
13
strophic illnesses for which the cost of the treatment
14
provided under contract would qualify for payment
15
from CHEF;
16
(2) provide that a Service Unit shall not be el-
17
igible for reimbursement for the cost of treatment
18
from CHEF until its cost of treating any victim of
19
such catastrophic illness or disaster has reached a
20
certain threshold cost which the Secretary shall es-
21
tablish at
22
(A) the 2000 level of $19,000; and
23
(B) for any subsequent year, not less
24
than the threshold cost of the previous year in-
25
creased by the percentage increase in the medi-
S 1057 IS
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95
1
cal care expenditure category of the consumer
price index for all urban consumers (United
States city average) for the 12-month period
ending with December of the previous year;
(3) establish a procedure for the reimburse-
ment of the portion of the costs that exceeds such
threshold cost incurred by
(A) Service Units; or
(B) whenever otherwise authorized by the
10
Service, non-Service facilities or providers;
11
(4) establish a procedure for payment from
12
CHEF in cases in which the exigencies of the medi-
13
cal circumstances warrant treatment prior to the au-
14
thorization of such treatment by the Service; and
15
(5) establish a procedure that will ensure that
16
no payment shall be made from CHEF to any pro-
17
vider of treatment to the extent that such provider
18
is eligible to receive payment for the treatment from
19
any other Federal, State, local, or private source of
20
reimbursement for which the patient is eligible.
21
(e) NO OFFSET
OR
LIMITATION.Amounts appro-
22 priated to CHEF under this section shall not be used to

23 offset or limit appropriations made to the Service under
24 the authority of the Act of November 2, 1921 (25 U.S.C.
S 1057 IS
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96
1 13) (commonly known as the Snyder Act), or any other
2 law.
3
(f) DEPOSIT
OF
REIMBURSEMENT FUNDS.There
4 shall be deposited into CHEF all reimbursements to which

5 the Service is entitled from any Federal, State, local, or
6 private source (including third party insurance) by reason
7 of treatment rendered to any victim of a disaster or cata8 strophic illness the cost of which was paid from CHEF.
9
SEC. 203. HEALTH PROMOTION AND DISEASE PREVENTION
10
11
SERVICES.
(a) FINDINGS.Congress finds that health pro-
12 motion and disease prevention activities

13
14
15
(1) improve the health and well-being of Indians; and

(2) reduce the expenses for health care of In-
16
dians.
17
(b) PROVISION
OF
SERVICES.The Secretary, act-
18 ing through the Service and Tribal Health Programs, shall

19 provide health promotion and disease prevention services
20 to Indians to achieve the health status objectives set forth
21 in section 3(2).
22
(c) EVALUATION.The Secretary, after obtaining
23 input from the affected Tribal Health Programs, shall

24 submit to the President for inclusion in each report which
S 1057 IS
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1 is required to be submitted to Congress under section 801
2 an evaluation of
3
4
5
6
7
8
(1) the health promotion and disease prevention needs of Indians;

(2) the health promotion and disease prevention activities which would best meet such needs;
(3) the internal capacity of the Service and
Tribal Health Programs to meet such needs; and
(4) the resources which would be required to
10
enable the Service and Tribal Health Programs to
11
undertake the health promotion and disease preven-
12
tion activities necessary to meet such needs.
13
SEC. 204. DIABETES PREVENTION, TREATMENT, AND CON-
14
15
TROL.
(a) DETERMINATIONS REGARDING DIABETES.
16 The Secretary, acting through the Service, and in con17 sultation with Indian Tribes and Tribal Organizations,
18 shall determine
19
(1) by Indian Tribe and by Service Unit, the
20
incidence of, and the types of complications resulting
21
from, diabetes among Indians; and
22
(2) based on the determinations made pursu-
23
ant to paragraph (1), the measures (including pa-
24
tient education and effective ongoing monitoring of
25
disease indicators) each Service Unit should take to
S 1057 IS
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1
reduce the incidence of, and prevent, treat, and con-
trol the complications resulting from, diabetes
among Indian Tribes within that Service Unit.
(b) DIABETES SCREENING.To the extent medi-
5 cally indicated and with informed consent, the Secretary

6 shall screen each Indian who receives services from the
7 Service for diabetes and for conditions which indicate a
8 high risk that the individual will become diabetic and, in
9 consultation with Indian Tribes, Urban Indian Organiza10 tions, and appropriate health care providers, establish a
11 cost-effective approach to ensure ongoing monitoring of
12 disease indicators. Such screening and monitoring may be
13 conducted by a Tribal Health Program and may be con14 ducted through appropriate Internet-based health care
15 management programs.
16
(c) FUNDING
FOR
DIABETES.The Secretary shall
17 continue to maintain each model diabetes project in exist18 ence on the date of enactment of the Indian Health
19 Amendments Care Improvement Act of 2005, any such
20 other diabetes programs operated by the Service or Tribal
21 Health Programs, and any additional diabetes projects,
22 such as the Medical Vanguard program provided for in
23 title IV of Public Law 10887, as implemented to serve
24 Indian Tribes. Tribal Health Programs shall receive recur25 ring funding for the diabetes projects that they operate
S 1057 IS
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99
1 pursuant to this section, both at the date of enactment
2 of the Indian Health Care Improvement Act Amendments
3 of 2005 and for projects which are added and funded
4 thereafter.
5
(d) FUNDING
FOR
DIALYSIS PROGRAMS.The Sec-
6 retary is authorized to provide funding through the Serv7 ice, Indian Tribes, and Tribal Organizations to establish
8 dialysis programs, including funding to purchase dialysis
9 equipment and provide necessary staffing.
10
(e) OTHER DUTIES
OF THE
SECRETARY.The Sec-
11 retary shall, to the extent funding is available

12
(1) in each Area Office, consult with Indian
13
Tribes and Tribal Organizations regarding programs
14
for the prevention, treatment, and control of diabe-
15
tes;
16
(2) establish in each Area Office a registry of
17
patients with diabetes to track the incidence of dia-
18
betes and the complications from diabetes in that
19
area; and
20
(3) ensure that data collected in each Area Of-
21
fice regarding diabetes and related complications
22
among Indians are disseminated to all other Area
23
Offices, subject to applicable patient privacy laws.
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100
1
2
SEC. 205. SHARED SERVICES FOR LONG-TERM CARE.
(a) LONG-TERM CARE.Notwithstanding any other
3 provision of law, the Secretary, acting through the Service,

4 is authorized to provide directly, or enter into contracts
5 or compacts under the Indian Self-Determination and
6 Education Assistance Act (25 U.S.C. 450 et seq.) with
7 Indian Tribes or Tribal Organizations for, the delivery of
8 long-term care and similar services to Indians. Such agree9 ments shall provide for the sharing of staff or other serv10 ices between the Service or a Tribal Health Program and
11 a long-term care or other similar facility owned and oper12 ated (directly or through a contract or compact under the
13 Indian Self-Determination and Education Assistance Act
14 (25 U.S.C. 450 et seq.)) by such Indian Tribe or Tribal
15 Organization.
16
(b) CONTENTS
OF
AGREEMENTS.An agreement
17 entered into pursuant to subsection (a)

18
(1) may, at the request of the Indian Tribe or
19
Tribal Organization, delegate to such Indian Tribe
20
or Tribal Organization such powers of supervision
21
and control over Service employees as the Secretary
22
deems necessary to carry out the purposes of this
23
section;
24
(2) shall provide that expenses (including sala-
25
ries) relating to services that are shared between the
26
Service and the Tribal Health Program be allocated

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101
1
proportionately between the Service and the Indian
Tribe or Tribal Organization; and
(3) may authorize such Indian Tribe or Tribal
Organization to construct, renovate, or expand a
long-term care or other similar facility (including the
construction of a facility attached to a Service facil-
ity).
(c) MINIMUM REQUIREMENT.Any nursing facility
9 provided for under this section shall meet the require10 ments for nursing facilities under section 1919 of the So11 cial Security Act.
12
(d) OTHER ASSISTANCE.The Secretary shall pro-
13 vide such technical and other assistance as may be nec14 essary to enable applicants to comply with the provisions
15 of this section.
16
17
(e) USE
TIES.The
OF
EXISTING
OR
UNDERUSED FACILI-
Secretary shall encourage the use of existing
18 facilities that are underused or allow the use of swing beds

19 for long-term or similar care.
20
21
SEC. 206. HEALTH SERVICES RESEARCH.
The Secretary, acting through the Service, shall
22 make funding available for research to further the per23 formance of the health service responsibilities of Indian
24 Health Programs. The Secretary shall also, to the maxi25 mum extent practicable, coordinate departmental research
S 1057 IS
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102
1 resources and activities to address relevant Indian Health
2 Program research needs. Tribal Health Programs shall be
3 given an equal opportunity to compete for, and receive,
4 research funds under this section. This funding may be
5 used for both clinical and nonclinical research.
6
SEC. 207. MAMMOGRAPHY AND OTHER CANCER SCREEN-
7
8
ING.
The Secretary, acting through the Service or Tribal
9 Health Programs, shall provide for screening as follows:

10
(1) Screening mammography (as defined in
11
section 1861(jj) of the Social Security Act) for In-
12
dian women at a frequency appropriate to such
13
women under accepted and appropriate national
14
standards, and under such terms and conditions as
15
are consistent with standards established by the Sec-
16
retary to ensure the safety and accuracy of screen-
17
ing mammography under part B of title XVIII of
18
such Act.
19
20
21
22
(2) Other cancer screening meeting accepted

and appropriate national standards.
SEC. 208. PATIENT TRAVEL COSTS.
The Secretary, acting through the Service and Trib-
23 al Health Programs, is authorized to provide funds for the

24 following patient travel costs, including appropriate and
25 necessary qualified escorts, associated with receiving
S 1057 IS
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103
1 health care services provided (either through direct or con2 tract care or through a contract or compact under the In3 dian Self-Determination and Education Assistance Act
4 (25 U.S.C. 450 et seq.)) under this Act
5
(1) emergency air transportation and non-
emergency air transportation where ground trans-
portation is infeasible;
(2) transportation by private vehicle (where no
other means of transportation is available), specially
10
equipped vehicle, and ambulance; and
11
(3) transportation by such other means as
12
may be available and required when air or motor ve-
13
hicle transportation is not available.
14
15
SEC. 209. EPIDEMIOLOGY CENTERS.
(a) ADDITIONAL CENTERS.In addition to those
16 epidemiology centers already established as of the date of

17 enactment of this Act, and without reducing the funding
18 levels for such centers, not later than 180 days after the
19 date of enactment of the Indian Health Care Improvement
20 Act Amendments of 2005, the Secretary, acting through
21 the Service, shall establish and fund an epidemiology cen22 ter in each Service Area which does not yet have one to
23 carry out the functions described in subsection (b). Any
24 new centers so established may be operated by Tribal
25 Health Programs, but such funding shall not be divisible.
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1
(b) FUNCTIONS
OF
CENTERS.In consultation with
2 and upon the request of Indian Tribes, Tribal Organiza3 tions, and Urban Indian Organizations, each Service Area
4 epidemiology center established under this subsection
5 shall, with respect to such Service Area
6
(1) collect data relating to, and monitor
progress made toward meeting, each of the health
status objectives of the Service, the Indian Tribes,
Tribal Organizations, and Urban Indian Organiza-
10
tions in the Service Area;
11
(2) evaluate existing delivery systems, data
12
systems, and other systems that impact the improve-
13
ment of Indian health;
14
(3) assist Indian Tribes, Tribal Organizations,
15
and Urban Indian Organizations in identifying their
16
highest priority health status objectives and the
17
services needed to achieve such objectives, based on
18
epidemiological data;
19
20
(4) make recommendations for the targeting

of services needed by the populations served;
21
(5) make recommendations to improve health
22
care delivery systems for Indians and Urban Indi-
23
ans;
24
(6) provide requested technical assistance to
25
Indian Tribes, Tribal Organizations, and Urban In-
S 1057 IS
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105
1
dian Organizations in the development of local
health service priorities and incidence and prevalence
rates of disease and other illness in the community;
and
(7) provide disease surveillance and assist In-
dian Tribes, Tribal Organizations, and Urban Indian
Organizations to promote public health.
(c) TECHNICAL ASSISTANCE.The Director of the
9 Centers for Disease Control and Prevention shall provide

10 technical assistance to the centers in carrying out the re11 quirements of this subsection.
12
(d) FUNDING
FOR
STUDIES.The Secretary may
13 make funding available to Indian Tribes, Tribal Organiza14 tions, and Urban Indian Organizations to conduct epide15 miological studies of Indian communities.
16
SEC. 210. COMPREHENSIVE SCHOOL HEALTH EDUCATION
17
18
PROGRAMS.
(a) FUNDING
FOR
DEVELOPMENT
OF
PROGRAMS.
19 In addition to carrying out any other program for health

20 promotion or disease prevention, the Secretary, acting
21 through the Service, is authorized to award grants to In22 dian Tribes, Tribal Organizations, and Urban Indian Or23 ganizations to develop comprehensive school health edu24 cation programs for children from pre-school through
S 1057 IS
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106
1 grade 12 in schools for the benefit of Indian and Urban
2 Indian children.
3
(b) USE
OF
FUNDS.Funding provided under this
4 section may be used for purposes which may include, but

5 are not limited to, the following:
6
(1) Developing and implementing health edu-
cation curricula both for regular school programs
and afterschool programs.
9
10
11
(2) Training teachers in comprehensive school

health education curricula.
(3)
Integrating
school-based,
community-
12
based, and other public and private health promotion
13
efforts.
14
15
(4) Encouraging healthy, tobacco-free school

environments.
16
(5) Coordinating school-based health programs
17
with existing services and programs available in the
18
community.
19
(6) Developing school programs on nutrition
20
education, personal health, oral health, and fitness.
21
(7) Developing behavioral health wellness pro-
22
23
24
grams.
(8) Developing chronic disease prevention programs.
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1
2
3
4
5
6
(9) Developing substance abuse prevention

programs.
(10) Developing injury prevention and safety
education programs.
(11) Developing activities for the prevention
and control of communicable diseases.
(12) Developing community and environmental
health education programs that include traditional
health care practitioners.
10
(13) Violence prevention.
11
(14) Such other health issues as are appro-
12
priate.
13
(c) TECHNICAL ASSISTANCE.Upon request, the
14 Secretary, acting through the Service, shall provide tech15 nical assistance to Indian Tribes, Tribal Organizations,
16 and Urban Indian Organizations in the development of
17 comprehensive health education plans and the dissemina18 tion of comprehensive health education materials and in19 formation on existing health programs and resources.
20
21
(d) CRITERIA
PLICATIONS.The
FOR
REVIEW
AND
APPROVAL
OF
AP-
Secretary, acting through the Service,
22 and in consultation with Indian Tribes, Tribal Organiza23 tions, and Urban Indian Organizations, shall establish cri24 teria for the review and approval of applications for fund25 ing provided pursuant to this section.
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108
1
(e) DEVELOPMENT
OF
PROGRAM
FOR
BIA FUNDED
2 SCHOOLS.
3
(1) IN
GENERAL.The
Secretary of the Inte-
rior, acting through the Bureau of Indian Affairs
and in cooperation with the Secretary, acting
through the Service, and affected Indian Tribes and
Tribal Organizations, shall develop a comprehensive
school health education program for children from
preschool through grade 12 in schools for which sup-
10
11
12
port is provided by the Bureau of Indian Affairs.

(2) REQUIREMENTS
FOR
PROGRAMS.Such
programs shall include
13
(A) school programs on nutrition edu-
14
cation, personal health, oral health, and fitness;
15
(B) behavioral health wellness programs;
16
(C) chronic disease prevention programs;
17
(D) substance abuse prevention pro-
18
grams;
19
20
(E) injury prevention and safety education programs; and
21
(F) activities for the prevention and con-
22
trol of communicable diseases.
23
(3) DUTIES
24
OF THE SECRETARY.The
retary of the Interior shall
S 1057 IS
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112
109
1
2
(A) provide training to teachers in comprehensive school health education curricula;
(B) ensure the integration and coordina-
tion of school-based programs with existing
services and health programs available in the
community; and
7
8
9
10
(C) encourage healthy, tobacco-free school

environments.
SEC. 211. INDIAN YOUTH PROGRAM.
(a) PROGRAM AUTHORIZED.The Secretary, acting
11 through the Service, is authorized to establish and admin12 ister a program to provide funding to Indian Tribes, Trib13 al Organizations, and Urban Indian Organizations for in14 novative mental and physical disease prevention and
15 health promotion and treatment programs for Indian and
16 Urban Indian preadolescent and adolescent youths.
17
18
19
(b) USE OF FUNDS.

(1) ALLOWABLE
USES.Funds
made available
under this section may be used to
20
(A) develop prevention and treatment
21
programs for Indian youth which promote men-
22
tal and physical health and incorporate cultural
23
values, community and family involvement, and
24
traditional health care practitioners; and
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110
1
(B) develop and provide community train-
ing and education.
(2) PROHIBITED
USE.Funds
made available
under this section may not be used to provide serv-
ices described in section 707(c).
(c) DUTIES
OF THE
SECRETARY.The Secretary
7 shall
8
(1) disseminate to Indian Tribes, Tribal Orga-
nizations, and Urban Indian Organizations informa-
10
tion regarding models for the delivery of comprehen-
11
sive health care services to Indian and Urban Indian
12
adolescents;
13
14
(2) encourage the implementation of such

models; and
15
(3) at the request of an Indian Tribe, Tribal
16
Organization, or Urban Indian Organization, provide
17
technical assistance in the implementation of such
18
models.
19
(d) CRITERIA
20
PLICATIONS.The
FOR
REVIEW
AND
APPROVAL
OF
AP-
Secretary, in consultation with Indian
21 Tribes, Tribal Organizations, and Urban Indian Organiza22 tions, shall establish criteria for the review and approval
23 of applications or proposals under this section.
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111
1
SEC. 212. PREVENTION, CONTROL, AND ELIMINATION OF
COMMUNICABLE AND INFECTIOUS DISEASES.
(a) FUNDING AUTHORIZED.The Secretary, acting
4 through the Service, and after consultation with Indian

5 Tribes, Tribal Organizations, Urban Indian Organiza6 tions, and the Centers for Disease Control and Prevention,
7 may make funding available to Indian Tribes, Tribal Or8 ganizations, and Urban Indian Organizations for the fol9 lowing:
10
(1) Projects for the prevention, control, and
11
elimination of communicable and infectious diseases,
12
including tuberculosis, hepatitis, HIV, respiratory
13
syncitial virus, hanta virus, sexually transmitted dis-
14
eases, and H. Pylori.
15
(2) Public information and education pro-
16
grams for the prevention, control, and elimination of
17
communicable and infectious diseases.
18
(3) Education, training, and clinical skills im-
19
provement activities in the prevention, control, and
20
elimination of communicable and infectious diseases
21
for health professionals, including allied health pro-
22
fessionals.
23
(4) Demonstration projects for the screening,
24
treatment, and prevention of hepatitis C virus
25
(HCV).
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112
1
(b) APPLICATION REQUIRED.The Secretary may
2 provide funding under subsection (a) only if an application

3 or proposal for funding is submitted to the Secretary.
4
(c) COORDINATION WITH HEALTH AGENCIES.In-
5 dian Tribes, Tribal Organizations, and Urban Indian Or6 ganizations receiving funding under this section are en7 couraged to coordinate their activities with the Centers for
8 Disease Control and Prevention and State and local health
9 agencies.
10
(d) TECHNICAL ASSISTANCE; REPORT.In carrying
11 out this section, the Secretary

12
(1) may, at the request of an Indian Tribe,
13
Tribal Organization, or Urban Indian Organization,
14
provide technical assistance; and
15
(2) shall prepare and submit a report to Con-
16
gress biennially on the use of funds under this sec-
17
tion and on the progress made toward the preven-
18
tion, control, and elimination of communicable and
19
infectious diseases among Indians and Urban Indi-
20
ans.
21
SEC. 213. AUTHORITY FOR PROVISION OF OTHER SERV-
22
23
ICES.
(a) FUNDING AUTHORIZED.The Secretary, acting
24 through the Service, Indian Tribes, and Tribal Organiza25 tions, may provide funding under this Act to meet the ob-
S 1057 IS
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113
1 jectives set forth in section 3 through health care-related
2 services and programs not otherwise described in this Act,
3 including
4
(1) hospice care;
(2) assisted living;
(3) long-term health care;
(4) home- and community-based services; and
(5) public health functions.
9
10
(b) SERVICES
SONS.Subject
TO
OTHERWISE INELIGIBLE PER-
to section 807, at the discretion of the
11 Service, Indian Tribes, or Tribal Organizations, services

12 provided for hospice care, home- and community-based
13 care, assisted living, and long-term care may be provided
14 (subject to reimbursement) to persons otherwise ineligible
15 for the health care benefits of the Service. Any funds re16 ceived under this subsection shall not be used to offset
17 or limit the funding allocated to the Service or an Indian
18 Tribe or Tribal Organization.
19
(c) DEFINITIONS.For the purposes of this section,
20 the following definitions shall apply:

21
22
(1) The term home- and community-based

services means 1 or more of the following:
23
24
(A) Homemaker/home health aide services.
25
(B) Chore services.
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114
1
(C) Personal care services.
(D) Nursing care services provided out-
side of a nursing facility by, or under the super-
vision of, a registered nurse.
(E) Respite care.
(F) Training for family members.
(G) Adult day care.
(H) Such other home- and community-
based services as the Secretary, an Indian tribe,
10
or a Tribal Organization may approve.
11
(2) The term hospice care means the items
12
and services specified in subparagraphs (A) through
13
(H) of section 1861(dd)(1) of the Social Security
14
Act (42 U.S.C. 1395x(dd)(1)), and such other serv-
15
ices which an Indian Tribe or Tribal Organization
16
determines are necessary and appropriate to provide
17
in furtherance of this care.
18
(3) The term public health functions means
19
the provision of public health-related programs,
20
functions, and services, including assessment, assur-
21
ance, and policy development which Indian Tribes
22
and Tribal Organizations are authorized and encour-
23
aged, in those circumstances where it meets their
24
needs, to do by forming collaborative relationships
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115
1
with all levels of local, State, and Federal Govern-
ment.
3
4
SEC. 214. INDIAN WOMENS HEALTH CARE.
The Secretary, acting through the Service and In-
5 dian Tribes, Tribal Organizations, and Urban Indian Or6 ganizations, shall monitor and improve the quality of
7 health care for Indian women of all ages through the plan8 ning and delivery of programs administered by the Service,
9 in order to improve and enhance the treatment models of
10 care for Indian women.
11
SEC. 215. ENVIRONMENTAL AND NUCLEAR HEALTH HAZ-
12
13
ARDS.
(a) STUDIES
AND
MONITORING.The Secretary
14 and the Service shall conduct, in conjunction with other

15 appropriate Federal agencies and in consultation with con16 cerned Indian Tribes and Tribal Organizations, studies
17 and ongoing monitoring programs to determine trends in
18 the health hazards to Indian miners and to Indians on
19 or near reservations and Indian communities as a result
20 of environmental hazards which may result in chronic or
21 life threatening health problems, such as nuclear resource
22 development, petroleum contamination, and contamination
23 of water source and of the food chain. Such studies shall
24 include
S 1057 IS
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116
1
(1) an evaluation of the nature and extent of
health problems caused by environmental hazards
currently exhibited among Indians and the causes of
such health problems;
(2) an analysis of the potential effect of ongo-
ing and future environmental resource development
on or near reservations and Indian communities, in-
cluding the cumulative effect over time on health;
(3) an evaluation of the types and nature of
10
activities, practices, and conditions causing or affect-
11
ing such health problems, including uranium mining
12
and milling, uranium mine tailing deposits, nuclear
13
power plant operation and construction, and nuclear
14
waste disposal; oil and gas production or transpor-
15
tation on or near reservations or Indian commu-
16
nities; and other development that could affect the
17
health of Indians and their water supply and food
18
chain;
19
(4) a summary of any findings and rec-
20
ommendations provided in Federal and State stud-
21
ies, reports, investigations, and inspections during
22
the 5 years prior to the date of enactment of the In-
23
dian Health Care Improvement Act Amendments of
24
2005 that directly or indirectly relate to the activi-
S 1057 IS
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117
1
ties, practices, and conditions affecting the health or
safety of such Indians; and
(5) the efforts that have been made by Federal
and State agencies and resource and economic devel-
opment companies to effectively carry out an edu-
cation program for such Indians regarding the
health and safety hazards of such development.
(b) HEALTH CARE PLANS.Upon completion of
9 such studies, the Secretary and the Service shall take into
10 account the results of such studies and, in consultation
11 with Indian Tribes and Tribal Organizations, develop
12 health care plans to address the health problems studied
13 under subsection (a). The plans shall include
14
15
(1) methods for diagnosing and treating Indians currently exhibiting such health problems;
16
(2) preventive care and testing for Indians
17
who may be exposed to such health hazards, includ-
18
ing the monitoring of the health of individuals who
19
have or may have been exposed to excessive amounts
20
of radiation or affected by other activities that have
21
had or could have a serious impact upon the health
22
of such individuals; and
23
(3) a program of education for Indians who,
24
by reason of their work or geographic proximity to
S 1057 IS
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118
1
such nuclear or other development activities, may ex-
perience health problems.
(c) SUBMISSION
GRESS.The
OF
REPORT
AND
PLAN
TO
CON-
Secretary and the Service shall submit to
5 Congress the study prepared under subsection (a) no later

6 than 18 months after the date of enactment of the Indian
7 Health Care Improvement Act Amendments of 2005. The
8 health care plan prepared under subsection (b) shall be
9 submitted in a report no later than 1 year after the study
10 prepared under subsection (a) is submitted to Congress.
11 Such report shall include recommended activities for the
12 implementation of the plan, as well as an evaluation of
13 any activities previously undertaken by the Service to ad14 dress such health problems.
15
16
(d) INTERGOVERNMENTAL TASK FORCE.

(1) ESTABLISHMENT;
MEMBERS.There
is es-
17
tablished an Intergovernmental Task Force to be
18
composed of the following individuals (or their des-
19
ignees):
20
(A) The Secretary of Energy.
21
(B) The Secretary of the Environmental
22
Protection Agency.
23
(C) The Director of the Bureau of Mines.
24
(D) The Assistant Secretary for Occupa-
25
tional Safety and Health.
S 1057 IS
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119
1
(E) The Secretary of the Interior.
(F) The Secretary of Health and Human
Services.
(G) The Director of the Indian Health
Service.
(2) DUTIES.The Task Force shall
(A) identify existing and potential oper-
ations related to nuclear resource development
or other environmental hazards that affect or
10
may affect the health of Indians on or near a
11
reservation or in an Indian community; and
12
(B) enter into activities to correct exist-
13
ing health hazards and ensure that current and
14
future health problems resulting from nuclear
15
resource or other development activities are
16
minimized or reduced.
17
(3) CHAIRMAN;
MEETINGS.The
Secretary of
18
Health and Human Services shall be the Chairman
19
of the Task Force. The Task Force shall meet at
20
least twice each year.
21
(e) HEALTH SERVICES
TO
CERTAIN EMPLOYEES.
22 In the case of any Indian who

23
(1) as a result of employment in or near a
24
uranium mine or mill or near any other environ-
S 1057 IS
123
120
1
mental hazard, suffers from a work-related illness or
condition;
(2) is eligible to receive diagnosis and treat-
ment services from an Indian Health Program; and
(3) by reason of such Indians employment, is
entitled to medical care at the expense of such mine
or mill operator or entity responsible for the environ-
mental hazard, the Indian Health Program shall, at
the request of such Indian, render appropriate medi-
10
cal care to such Indian for such illness or condition
11
and may be reimbursed for any medical care so ren-
12
dered to which such Indian is entitled at the expense
13
of such operator or entity from such operator or en-
14
tity. Nothing in this subsection shall affect the
15
rights of such Indian to recover damages other than
16
such amounts paid to the Indian Health Program
17
from the employer for providing medical care for
18
such illness or condition.
19
SEC. 216. ARIZONA AS A CONTRACT HEALTH SERVICE DE-
20
21
LIVERY AREA.
(a) IN GENERAL.For fiscal years beginning with
22 the fiscal year ending September 30, 1983, and ending

23 with the fiscal year ending September 30, 2015, the State
24 of Arizona shall be designated as a contract health service
25 delivery area by the Service for the purpose of providing
S 1057 IS
124
121
1 contract health care services to members of federally rec2 ognized Indian Tribes of Arizona.
3
(b) MAINTENANCE
OF
SERVICES.The Service
4 shall not curtail any health care services provided to Indi5 ans residing on reservations in the State of Arizona if such
6 curtailment is due to the provision of contract services in
7 such State pursuant to the designation of such State as
8 a contract health service delivery area pursuant to sub9 section (a).
10
SEC. 216A. NORTH DAKOTA AND SOUTH DAKOTA AS CON-
11
12
TRACT HEALTH SERVICE DELIVERY AREA.
(a) IN GENERAL.Beginning in fiscal year 2003,
13 the States of North Dakota and South Dakota shall be

14 designated as a contract health service delivery area by
15 the Service for the purpose of providing contract health
16 care services to members of federally recognized Indian
17 Tribes of North Dakota and South Dakota.
18
(b) LIMITATION.The Service shall not curtail any
19 health care services provided to Indians residing on any

20 reservation, or in any county that has a common boundary
21 with any reservation, in the State of North Dakota or
22 South Dakota if such curtailment is due to the provision
23 of contract services in such States pursuant to the des24 ignation of such States as a contract health service deliv25 ery area pursuant to subsection (a).
S 1057 IS
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122
1
SEC. 217. CALIFORNIA CONTRACT HEALTH SERVICES PRO-
GRAM.
(a) FUNDING AUTHORIZED.The Secretary is au-
4 thorized to fund a program using the California Rural In5 dian Health Board (hereafter in this section referred to
6 as the CRIHB) as a contract care intermediary to im7 prove the accessibility of health services to California Indi8 ans.
9
(b) REIMBURSEMENT CONTRACT.The Secretary
10 shall enter into an agreement with the CRIHB to reim11 burse the CRIHB for costs (including reasonable adminis12 trative costs) incurred pursuant to this section, in provid13 ing medical treatment under contract to California Indi14 ans described in section 806(a) throughout the California
15 contract health services delivery area described in section
16 218 with respect to high cost contract care cases.
17
(c) ADMINISTRATIVE EXPENSES.Not more than 5
18 percent of the amounts provided to the CRIHB under this

19 section for any fiscal year may be for reimbursement for
20 administrative expenses incurred by the CRIHB during
21 such fiscal year.
22
(d) LIMITATION
ON
PAYMENT.No payment may
23 be made for treatment provided hereunder to the extent

24 payment may be made for such treatment under the In25 dian Catastrophic Health Emergency Fund described in
26 section 202 or from amounts appropriated or otherwise
S 1057 IS
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123
1 made available to the California contract health service de2 livery area for a fiscal year.
3
(e) ADVISORY BOARD.There is established an ad-
4 visory board which shall advise the CRIHB in carrying

5 out this section. The advisory board shall be composed of
6 representatives, selected by the CRIHB, from not less
7 than 8 Tribal Health Programs serving California Indians
8 covered under this section at least one half of whom of
9 whom are not affiliated with the CRIHB.
10
SEC. 218. CALIFORNIA AS A CONTRACT HEALTH SERVICE
11
12
DELIVERY AREA.
The State of California, excluding the counties of
13 Alameda, Contra Costa, Los Angeles, Marin, Orange, Sac14 ramento, San Francisco, San Mateo, Santa Clara, Kern,
15 Merced, Monterey, Napa, San Benito, San Joaquin, San
16 Luis Obispo, Santa Cruz, Solano, Stanislaus, and Ven17 tura, shall be designated as a contract health service deliv18 ery area by the Service for the purpose of providing con19 tract health services to California Indians. However, any
20 of the counties listed herein may only be included in the
21 contract health services delivery area if funding is specifi22 cally provided by the Service for such services in those
23 counties.
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124
1
SEC. 219. CONTRACT HEALTH SERVICES FOR THE TREN-
2
3
TON SERVICE AREA.
(a) AUTHORIZATION
FOR
SERVICES.The Sec-
4 retary, acting through the Service, is directed to provide

5 contract health services to members of the Turtle Moun6 tain Band of Chippewa Indians that reside in the Trenton
7 Service Area of Divide, McKenzie, and Williams counties
8 in the State of North Dakota and the adjoining counties
9 of Richland, Roosevelt, and Sheridan in the State of Mon10 tana.
11
(b) NO EXPANSION
OF
ELIGIBILITY.Nothing in
12 this section may be construed as expanding the eligibility

13 of members of the Turtle Mountain Band of Chippewa In14 dians for health services provided by the Service beyond
15 the scope of eligibility for such health services that applied
16 on May 1, 1986.
17
SEC. 220. PROGRAMS OPERATED BY INDIAN TRIBES AND
18
19
TRIBAL ORGANIZATIONS.
The Service shall provide funds for health care pro-
20 grams and facilities operated by Tribal Health Programs

21 on the same basis as such funds are provided to programs
22 and facilities operated directly by the Service.
23
24
SEC. 221. LICENSING.
Health care professionals employed by a Tribal
25 Health Program shall, if licensed in any State, be exempt

26 from the licensing requirements of the State in which the
S 1057 IS
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125
1 Tribal Health Program performs the services described in
2 its contract or compact under the Indian Self-Determina3 tion and Education Assistance Act (25 U.S.C. 450 et
4 seq.).
5
SEC. 222. NOTIFICATION OF PROVISION OF EMERGENCY
6
7
CONTRACT HEALTH SERVICES.
With respect to an elderly Indian or an Indian with
8 a disability receiving emergency medical care or services

9 from a non-Service provider or in a non-Service facility
10 under the authority of this Act, the time limitation (as
11 a condition of payment) for notifying the Service of such
12 treatment or admission shall be 30 days.
13
14
SEC. 223. PROMPT ACTION ON PAYMENT OF CLAIMS.
(a) DEADLINE
FOR
RESPONSE.The Service shall
15 respond to a notification of a claim by a provider of a

16 contract care service with either an individual purchase
17 order or a denial of the claim within 5 working days after
18 the receipt of such notification.
19
(b) EFFECT
OF
UNTIMELY RESPONSE.If the
20 Service fails to respond to a notification of a claim in ac21 cordance with subsection (a), the Service shall accept as
22 valid the claim submitted by the provider of a contract
23 care service.
S 1057 IS
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126
1
(c) DEADLINE
FOR
PAYMENT
OF
VALID CLAIM.
2 The Service shall pay a valid contract care service claim

3 within 30 days after the completion of the claim.
4
SEC. 224. LIABILITY FOR PAYMENT.
(a) NO PATIENT LIABILITY.A patient who re-
6 ceives contract health care services that are authorized by

7 the Service shall not be liable for the payment of any
8 charges or costs associated with the provision of such serv9 ices.
10
(b) NOTIFICATION.The Secretary shall notify a
11 contract care provider and any patient who receives con12 tract health care services authorized by the Service that
13 such patient is not liable for the payment of any charges
14 or costs associated with the provision of such services not
15 later than 5 business days after receipt of a notification
16 of a claim by a provider of contract care services.
17
(c) NO RECOURSE.Following receipt of the notice
18 provided under subsection (b), or, if a claim has been

19 deemed accepted under section 223(b), the provider shall
20 have no further recourse against the patient who received
21 the services.
22
23

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127
1
TITLE IIIFACILITIES
SEC. 301. CONSULTATION: CONSTRUCTION AND RENOVA-
3
4
TION OF FACILITIES; REPORTS.
(a)
PREREQUISITES
FOR
EXPENDITURE
OF
5 FUNDS.Prior to the expenditure of, or the making of

6 any binding commitment to expend, any funds appro7 priated for the planning, design, construction, or renova8 tion of facilities pursuant to the Act of November 2, 1921
10 the Secretary, acting through the Service, shall
11
(1) consult with any Indian Tribe that would
12
be significantly affected by such expenditure for the
13
purpose of determining and, whenever practicable,
14
honoring tribal preferences concerning size, location,
15
type, and other characteristics of any facility on
16
which such expenditure is to be made; and
17
(2) ensure, whenever practicable and applica-
18
ble, that such facility meets the construction stand-
19
ards of any accrediting body recognized by the Sec-
20
retary for the purposes of the medicare, medicaid,
21
and SCHIP programs under titles XVIII, XIX, and
22
XXI of the Social Security Act by not later than 1
23
year after the date on which the construction or ren-
24
ovation of such facility is completed.
25
(b) CLOSURES.
S 1057 IS
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128
1
REQUIRED.Notwithstand-
(1) EVALUATION
ing any other provision of law, no facility operated
by the Service may be closed if the Secretary has not
submitted to Congress at least 1 year prior to the
date of the proposed closure an evaluation of the im-
pact of the proposed closure which specifies, in addi-
tion to other considerations
(A) the accessibility of alternative health
care resources for the population served by such
10
facility;
11
(B) the cost-effectiveness of such closure;
12
(C) the quality of health care to be pro-
13
vided to the population served by such facility
14
after such closure;
15
(D) the availability of contract health
16
care funds to maintain existing levels of service;
17
(E) the views of the Indian Tribes served
18
by such facility concerning such closure;
19
20
(F) the level of use of such facility by all

eligible Indians; and
21
(G) the distance between such facility and
22
the nearest operating Service hospital.
23
(2) EXCEPTION
FOR
CERTAIN
TEMPORARY
24
CLOSURES.Paragraph
25
temporary closure of a facility or any portion of a
S 1057 IS
(1) shall not apply to any
132
129
1
facility if such closure is necessary for medical, envi-
ronmental, or construction safety reasons.
(c) HEALTH CARE FACILITY PRIORITY SYSTEM.
(1) IN
GENERAL.
(A)
ESTABLISHMENT.The
Secretary,
acting through the Service, shall establish a
health care facility priority system, which
shall
(i) be developed with Indian Tribes
10
and Tribal Organizations through nego-
11
tiated rulemaking under section 802;
12
(ii) give Indian Tribes needs the
13
highest priority; and
14
(iii) at a minimum, include the lists
15
required in paragraph (2)(B) and the
16
methodology required in paragraph (2)(E).
17
(B) PRIORITY
OF
CERTAIN
PROJECTS
18
PROTECTED.The
19
lished under the construction priority system in
20
effect on the date of the Indian Health Care
21
Improvement Act Amendments of 2005 shall
22
not be affected by any change in the construc-
23
tion priority system taking place thereafter if
24
the project was identified as 1 of the 10 top-
25
priority inpatient projects, 1 of the 10 top-pri-
S 1057 IS
priority of any project estab-
133
130
1
ority outpatient projects, 1 of the 10 top-prior-
ity staff quarters developments, or 1 of the 10
top-priority Youth Regional Treatment Centers
in the fiscal year 2005 Indian Health Service
budget justification, or if the project had com-
pleted both Phase I and Phase II of the con-
struction priority system in effect on the date
of enactment of such Act.
(2) REPORT;
CONTENTS.The
Secretary shall
10
submit to the President, for inclusion in each report
11
required to be transmitted to Congress under section
12
801, a report which sets forth the following:
13
(A) A description of the health care facil-
14
ity priority system of the Service, established
15
under paragraph (1).
16
17
(B)
Health
care
facilities
lists,
including
18
(i) the 10 top-priority inpatient
19
health care facilities;
20
(ii) the 10 top-priority outpatient
21
health care facilities;
22
(iii) the 10 top-priority specialized
23
health care facilities (such as long-term
24
care and alcohol and drug abuse treat-
25
ment);
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1
(iv) the 10 top-priority staff quarters
developments associated with health care
facilities; and
(v) the 10 top-priority hostels associ-
ated with health care facilities.
(C) The justification for such order of
priority.
(D) The projected cost of such projects.
(E) The methodology adopted by the
10
Service in establishing priorities under its
11
health care facility priority system.
12
(3) REQUIREMENTS
FOR PREPARATION OF RE-
13
PORTS.In
14
paragraph (2) (other than the initial report), the
15
Secretary shall annually
preparing each report required under
16
(A) consult with and obtain information
17
on all health care facilities needs from Indian
18
Tribes, Tribal Organizations, and Urban Indian
19
Organizations; and
20
(B) review the total unmet needs of all
21
Indian Tribes, Tribal Organizations, and Urban
22
Indian Organizations for health care facilities
23
(including hostels and staff quarters), including
24
needs for renovation and expansion of existing
25
facilities.
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1
FOR EVALUATING NEEDS.For
(4) CRITERIA
purposes of this subsection, the Secretary shall, in
evaluating the needs of facilities operated under any
contract or compact under the Indian Self-Deter-
mination and Education Assistance Act (25 U.S.C.
450 et seq.) use the same criteria that the Secretary
uses in evaluating the needs of facilities operated di-
rectly by the Service.
(5) NEEDS
OF FACILITIES UNDER ISDEAA
10
AGREEMENTS.The
11
planning, design, construction, and renovation needs
12
of Service and non-Service facilities operated under
13
contracts or compacts in accordance with the Indian
14
15
(25 U.S.C. 450 et seq.) are fully and equitably inte-
16
grated into the health care facility priority system.
17
(d) REVIEW OF NEED FOR FACILITIES.
18
(1) INITIAL
Secretary shall ensure that the
REPORT.In
the year 2006, the
19
Government Accountability Office shall prepare and
20
finalize a report which sets forth the needs of the
21
Service, Indian Tribes, Tribal Organizations, and
22
Urban Indian Organizations, for the facilities listed
23
under subsection (c)(2)(B), including the needs for
24
renovation and expansion of existing facilities. The
25
Government Accountability Office shall submit the
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1
report to the appropriate authorizing and appropria-
tions committees of Congress and to the Secretary.
(2) Beginning in the year 2006, the Secretary
shall update the report required under paragraph
(1) every 5 years.
(3) The Comptroller General and the Sec-
retary shall consult with Indian Tribes, Tribal Orga-
nizations, and Urban Indian Organizations. The
Secretary shall submit the reports required by para-
10
graphs (1) and (2), to the President for inclusion in
11
the report required to be transmitted to Congress
12
under section 801.
13
(4) For purposes of this subsection, the re-
14
ports shall, regarding the needs of facilities operated
15
under any contract or compact under the Indian
16
17
(25 U.S.C. 450 et seq.), be based on the same cri-
18
teria that the Secretary uses in evaluating the needs
19
of facilities operated directly by the Service.
20
(5) The planning, design, construction, and
21
renovation needs of facilities operated under con-
22
tracts or compacts under the Indian Self-Determina-
23
tion and Education Assistance Act (25 U.S.C. 450
24
et seq.) shall be fully and equitably integrated into
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1
the development of the health facility priority sys-
tem.
(6) Beginning in 2007 and each fiscal year
thereafter, the Secretary shall provide an oppor-
tunity for nomination of planning, design, and con-
struction projects by the Service, Indian Tribes,
tions for consideration under the health care facility
priority system.
10
(e) FUNDING CONDITION.All funds appropriated
11 under the Act of November 2, 1921 (25 U.S.C. 13) (com12 monly known as the Snyder Act), for the planning, de13 sign, construction, or renovation of health facilities for the
14 benefit of 1 or more Indian Tribes shall be subject to the
15 provisions of the Indian Self-Determination and Edu16 cation Assistance Act (25 U.S.C. 450 et seq.).
17
(f) DEVELOPMENT OF INNOVATIVE APPROACHES.
18 The Secretary shall consult and cooperate with Indian

19 Tribes, Tribal Organizations, and Urban Indian Organiza20 tions in developing innovative approaches to address all
21 or part of the total unmet need for construction of health
22 facilities, including those provided for in other sections of
23 this title and other approaches.
24
25
SEC. 302. SANITATION FACILITIES.
(a) FINDINGS.Congress finds the following:
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135
1
2
(1) The provision of sanitation facilities is primarily a health consideration and function.
(2) Indian people suffer an inordinately high
incidence of disease, injury, and illness directly at-
tributable to the absence or inadequacy of sanitation
facilities.
(3) The long-term cost to the United States of
treating and curing such disease, injury, and illness
is substantially greater than the short-term cost of
10
providing sanitation facilities and other preventive
11
health measures.
12
13
(4) Many Indian homes and Indian communities still lack sanitation facilities.
14
(5) It is in the interest of the United States,
15
and it is the policy of the United States, that all In-
16
dian communities and Indian homes, new and exist-
17
ing, be provided with sanitation facilities.
18
(b) FACILITIES
AND
SERVICES.In furtherance of
19 the findings made in subsection (a), Congress reaffirms

20 the primary responsibility and authority of the Service to
21 provide the necessary sanitation facilities and services as
22 provided in section 7 of the Act of August 5, 1954 (42
23 U.S.C. 2004a). Under such authority, the Secretary, act24 ing through the Service, is authorized to provide the fol25 lowing:
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1
(1) Financial and technical assistance to In-
dian Tribes, Tribal Organizations, and Indian com-
munities in the establishment, training, and equip-
ping of utility organizations to operate and maintain
sanitation facilities, including the provision of exist-
ing plans, standard details, and specifications avail-
able in the Department, to be used at the option of
the Indian Tribe, Tribal Organization, or Indian
community.
10
(2) Ongoing technical assistance and training
11
to Indian Tribes, Tribal Organizations, and Indian
12
communities in the management of utility organiza-
13
tions which operate and maintain sanitation facili-
14
ties.
15
(3) Priority funding for operation and mainte-
16
nance assistance for, and emergency repairs to, sani-
17
tation facilities operated by an Indian Tribe, Tribal
18
Organization or Indian community when necessary
19
to avoid an imminent health threat or to protect the
20
investment in sanitation facilities and the investment
21
in the health benefits gained through the provision
22
of sanitation facilities.
23
(c) FUNDING.Notwithstanding any other provi-
24 sion of law
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1
(1) the Secretary of Housing and Urban De-
velopment is authorized to transfer funds appro-
priated under the Native American Housing Assist-
ance and Self-Determination Act of 1996 to the Sec-
retary of Health and Human Services;
(2) the Secretary of Health and Human Serv-
ices is authorized to accept and use such funds for
the purpose of providing sanitation facilities and
services for Indians under section 7 of the Act of
10
August 5, 1954 (42 U.S.C. 2004a);
11
(3) unless specifically authorized when funds
12
are appropriated, the Secretary shall not use funds
13
appropriated under section 7 of the Act of August
14
5, 1954 (42 U.S.C. 2004a), to provide sanitation fa-
15
cilities to new homes constructed using funds pro-
16
vided by the Department of Housing and Urban De-
17
velopment;
18
19
ices is authorized to accept from any source, includ-
20
ing Federal and State agencies, funds for the pur-
21
pose of providing sanitation facilities and services
22
and place these funds into contracts or compacts
23
under the Indian Self-Determination and Education
24
Assistance Act (25 U.S.C. 450 et seq.);
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138
1
(5) except as otherwise prohibited by this sec-
tion, the Secretary may use funds appropriated
under the authority of section 7 of the Act of Au-
gust 5, 1954 (42 U.S.C. 2004a) to fund up to 100
percent of the amount of an Indian Tribes loan ob-
tained under any Federal program for new projects
to construct eligible sanitation facilities to serve In-
dian homes;
(6) except as otherwise prohibited by this sec-
10
tion, the Secretary may use funds appropriated
11
under the authority of section 7 of the Act of Au-
12
gust 5, 1954 (42 U.S.C. 2004a) to meet matching
13
or cost participation requirements under other Fed-
14
eral and non-Federal programs for new projects to
15
construct eligible sanitation facilities;
16
(7) all Federal agencies are authorized to
17
transfer to the Secretary funds identified, granted,
18
loaned, or appropriated whereby the Departments
19
applicable policies, rules, and regulations shall apply
20
in the implementation of such projects;
21
22
ices shall enter into interagency agreements with
23
Federal and State agencies for the purpose of pro-
24
viding financial assistance for sanitation facilities
25
and services under this Act; and
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139
1
ices shall, by regulation developed through rule-
making under section 802, establish standards appli-
cable to the planning, design, and construction of
sanitation facilities funded under this Act.
(d) CERTAIN CAPABILITIES NOT PREREQUISITE.
7 The financial and technical capability of an Indian Tribe,

8 Tribal Organization, or Indian community to safely oper9 ate, manage, and maintain a sanitation facility shall not
10 be a prerequisite to the provision or construction of sanita11 tion facilities by the Secretary.
12
(e) FINANCIAL ASSISTANCE.The Secretary is au-
13 thorized to provide financial assistance to Indian Tribes,

14 Tribal Organizations, and Indian communities for oper15 ation, management, and maintenance of their sanitation
16 facilities.
17
18
(f) OPERATION, MANAGEMENT,

OF
AND
MAINTENANCE
FACILITIES.The Indian Tribe has the primary re-
19 sponsibility to establish, collect, and use reasonable user

20 fees, or otherwise set aside funding, for the purpose of
21 operating, managing, and maintaining sanitation facilities.
22 If a sanitation facility serving a community that is oper23 ated by an Indian Tribe or Tribal Organization is threat24 ened with imminent failure and such operator lacks capac25 ity to maintain the integrity or the health benefits of the
S 1057 IS
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140
1 sanitation facility, then the Secretary is authorized to as2 sist the Indian Tribe, Tribal Organization, or Indian com3 munity in the resolution of the problem on a short-term
4 basis through cooperation with the emergency coordinator
5 or by providing operation, management, and maintenance
6 service.
7
(g) ISDEAA PROGRAM FUNDED
ON
EQUAL
8 BASIS.Tribal Health Programs shall be eligible (on an

9 equal basis with programs that are administered directly
10 by the Service) for
11
12
13
(1) any funds appropriated pursuant to this

section; and
(2) any funds appropriated for the purpose of
14
providing sanitation facilities.
15
(h) REPORT.
16
(1) REQUIRED;
CONTENTS.The
Secretary, in
17
consultation with the Secretary of Housing and
18
Urban Development, Indian Tribes, Tribal Organiza-
19
tions, and tribally designated housing entities (as de-
20
fined in section 4 of the Native American Housing
21
Assistance and Self-Determination Act of 1996 (25
22
U.S.C. 4103)) shall submit to the President, for in-
23
clusion in each report required to be transmitted to
24
Congress under section 801, a report which sets
25
forth
S 1057 IS
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141
1
2
(A) the current Indian sanitation facility

priority system of the Service;
3
4
(B) the methodology for determining

sanitation deficiencies and needs;
(C) the level of initial and final sanitation
deficiency for each type of sanitation facility for
each project of each Indian Tribe or Indian
community;
(D) the amount and most effective use of
10
funds, derived from whatever source, necessary
11
to accommodate the sanitation facilities needs
12
of new homes assisted with funds under the
13
Native American Housing Assistance and Self-
14
Determination Act, and to reduce the identified
15
sanitation deficiency levels of all Indian Tribes
16
and Indian communities to level I sanitation de-
17
ficiency as defined in paragraph (4)(A); and
18
(E) a 10-year plan to provide sanitation
19
facilities to serve existing Indian homes and In-
20
dian communities and new and renovated In-
21
dian homes.
22
(2) CRITERIA.The criteria on which the defi-
23
ciencies and needs will be evaluated shall be devel-
24
oped through negotiated rulemaking pursuant to
25
section 802.
S 1057 IS
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142
1
(3) UNIFORM
METHODOLOGY.The
methodol-
ogy used by the Secretary in determining, preparing
cost estimates for, and reporting sanitation defi-
ciencies for purposes of paragraph (1) shall be ap-
plied uniformly to all Indian Tribes and Indian com-
munities.
(4) SANITATION
DEFICIENCY LEVELS.For
purposes of this subsection, the sanitation deficiency
levels for an individual, Indian Tribe, or Indian com-
10
munity sanitation facility to serve Indian homes are
11
determined as follows:
12
(A) A level I deficiency exists if a sanita-
13
tion facility serving an individual, Indian Tribe,
14
or Indian community
15
(i) complies with all applicable water
16
supply, pollution control, and solid waste
17
disposal laws; and
18
(ii) deficiencies relate to routine re-
19
placement, repair, or maintenance needs.
20
(B) A level II deficiency exists if a sanita-
21
tion facility serving an individual, Indian Tribe,
22
or Indian community substantially or recently
23
complied with all applicable water supply, pollu-
24
tion control, and solid waste laws and any defi-
25
ciencies relate to
S 1057 IS
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143
1
(i) small or minor capital improve-
ments needed to bring the facility back
into compliance;
(ii) capital improvements that are
necessary to enlarge or improve the facili-
ties in order to meet the current needs for
domestic sanitation facilities; or
(iii) the lack of equipment or train-
ing by an Indian Tribe, Tribal Organiza-
10
tion, or an Indian community to properly
11
operate and maintain the sanitation facili-
12
ties.
13
(C) A level III deficiency exists if a sani-
14
tation facility serving an individual, Indian
15
Tribe or Indian community meets one or more
16
of the following conditions
17
(i) water or sewer service in the
18
home is provided by a haul system with
19
holding tanks and interior plumbing;
20
(ii) major significant interruptions to
21
water supply or sewage disposal occur fre-
22
quently, requiring major capital improve-
23
ments to correct the deficiencies; or
S 1057 IS
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144
1
(iii) there is no access to or no ap-
proved or permitted solid waste facility
available.
(D) A level IV deficiency exists if
(i) a sanitation facility of an individ-
ual, Indian Tribe, Tribal Organization, or
Indian community has no piped water or
sewer facilities in the home or the facility
has become inoperable due to major com-
10
ponent failure; or
11
(ii) where only a washeteria or cen-
12
tral facility exists in the community.
13
(E) A level V deficiency exists in the ab-
14
sence of a sanitation facility, where individual
15
homes do not have access to safe drinking
16
water or adequate wastewater (including sew-
17
age) disposal.
18
(i) DEFINITIONS.For purposes of this section, the
19 following terms apply:

20
(1) INDIAN
COMMUNITY.The
term Indian
21
community means a geographic area, a significant
22
proportion of whose inhabitants are Indians and
23
which is served by or capable of being served by a
24
facility described in this section.
S 1057 IS
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145
1
(2)
SANITATION
FACILITIES.The
terms
sanitation facility and sanitation facilities mean
safe and adequate water supply systems, sanitary
sewage disposal systems, and sanitary solid waste
systems (and all related equipment and support in-
frastructure).
7
8
SEC. 303. PREFERENCE TO INDIANS AND INDIAN FIRMS.
(a) BUY INDIAN ACT.The Secretary, acting
9 through the Service, may use the negotiating authority of

10 section 23 of the Act of June 25, 1910 (25 U.S.C. 47,
11 commonly known as the Buy Indian Act), to give pref12 erence to any Indian or any enterprise, partnership, cor13 poration, or other type of business organization owned and
14 controlled by an Indian or Indians including former or
15 currently federally recognized Indian Tribes in the State
16 of New York (hereinafter referred to as an Indian firm)
17 in the construction and renovation of Service facilities pur18 suant to section 301 and in the construction of sanitation
19 facilities pursuant to section 302. Such preference may be
20 accorded by the Secretary unless the Secretary finds, pur21 suant to regulations adopted pursuant to section 802, that
22 the project or function to be contracted for will not be
23 satisfactory or such project or function cannot be properly
24 completed or maintained under the proposed contract. The
25 Secretary, in arriving at such a finding, shall consider
S 1057 IS
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146
1 whether the Indian or Indian firm will be deficient with
2 respect to
3
(1) ownership and control by Indians;
(2) equipment;
(3) bookkeeping and accounting procedures;
(4) substantive knowledge of the project or
function to be contracted for;
(5) adequately trained personnel; or
(6) other necessary components of contract
10
performance.
11
(b) LABOR STANDARDS.
12
(1) IN
GENERAL.For
the purposes of imple-
13
menting the provisions of this title, contracts for the
14
construction or renovation of health care facilities,
15
staff quarters, and sanitation facilities, and related
16
support infrastructure, funded in whole or in part
17
with funds made available pursuant to this title,
18
shall contain a provision requiring compliance with
19
subchapter IV of chapter 31 of title 40, United
20
States Code (commonly known as the Davis-Bacon
21
Act), unless such construction or renovation
22
(A) is performed by a contractor pursu-
23
ant to a contract with an Indian Tribe or Trib-
24
al Organization with funds supplied through a
25
contract or compact authorized by the Indian
S 1057 IS
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147
1
Self-Determination and Education Assistance
Act, or other statutory authority; and
(B) is subject to prevailing wage rates for
similar construction or renovation in the locality
as determined by the Indian Tribes or Tribal
Organizations to be served by the construction
or renovation.
(2) EXCEPTION.This subsection shall not
apply to construction or renovation carried out by an
10
Indian Tribe or Tribal Organization with its own
11
employees.
12
SEC. 304. EXPENDITURE OF NONSERVICE FUNDS FOR REN-
13
14
OVATION.
(a) IN GENERAL.Notwithstanding any other pro-
15 vision of law, if the requirements of subsection (c) are met,

16 the Secretary, acting through the Service, is authorized
17 to accept any major expansion, renovation, or moderniza18 tion by any Indian Tribe or Tribal Organization of any
19 Service facility or of any other Indian health facility oper20 ated pursuant to a contract or compact under the Indian
21 Self-Determination and Education Assistance Act (25
22 U.S.C. 450 et seq.), including
23
24
(1) any plans or designs for such expansion,

renovation, or modernization; and
S 1057 IS
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148
1
(2) any expansion, renovation, or moderniza-
tion for which funds appropriated under any Federal
law were lawfully expended.
(b) PRIORITY LIST.
(1) IN
GENERAL.The
Secretary shall main-
tain a separate priority list to address the needs for
increased operating expenses, personnel, or equip-
ment for such facilities. The methodology for estab-
lishing priorities shall be developed through nego-
10
tiated rulemaking under section 802. The list of pri-
11
ority facilities will be revised annually in consulta-
12
tion with Indian Tribes and Tribal Organizations.
13
(2) REPORT.The Secretary shall submit to
14
the President, for inclusion in each report required
15
to be transmitted to Congress under section 801, the
16
priority list maintained pursuant to paragraph (1).
17
(c) REQUIREMENTS.The requirements of this sub-
18 section are met with respect to any expansion, renovation,

19 or modernization if
20
(1) the Indian Tribe or Tribal Organization
21
(A) provides notice to the Secretary of its
22
intent to expand, renovate, or modernize; and
23
(B) applies to the Secretary to be placed
24
on a separate priority list to address the needs
S 1057 IS
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149
1
of such new facilities for increased operating ex-
penses, personnel, or equipment; and
(2)
the
expansion,
renovation,
or
modernization
(A) is approved by the appropriate area
director of the Service for Federal facilities; and
(B) is administered by the Indian Tribe
or Tribal Organization in accordance with any
applicable regulations prescribed by the Sec-
10
retary with respect to construction or renova-
11
tion of Service facilities.
12
(d) ADDITIONAL REQUIREMENT FOR EXPANSION.
13 In addition to the requirements under subsection (c), for

14 any expansion, the Indian Tribe or Tribal Organization
15 shall provide to the Secretary additional information devel16 oped through negotiated rulemaking under section 802,
17 including additional staffing, equipment, and other costs
18 associated with the expansion.
19
(e) CLOSURE
OR
CONVERSION
OF
FACILITIES.If
20 any Service facility which has been expanded, renovated,

21 or modernized by an Indian Tribe or Tribal Organization
22 under this section ceases to be used as a Service facility
23 during the 20-year period beginning on the date such ex24 pansion, renovation, or modernization is completed, such
25 Indian Tribe or Tribal Organization shall be entitled to
S 1057 IS
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150
1 recover from the United States an amount which bears
2 the same ratio to the value of such facility at the time
3 of such cessation as the value of such expansion, renova4 tion, or modernization (less the total amount of any funds
5 provided specifically for such facility under any Federal
6 program that were expended for such expansion, renova7 tion, or modernization) bore to the value of such facility
8 at the time of the completion of such expansion, renova9 tion, or modernization.
10
SEC. 305. FUNDING FOR THE CONSTRUCTION, EXPANSION,
11
AND MODERNIZATION OF SMALL AMBULA-
12
TORY CARE FACILITIES.
13
(a) FUNDING.
14
(1) IN
GENERAL.The
Secretary, acting
15
through the Service, in consultation with Indian
16
Tribes and Tribal Organizations, shall make grants
17
to Indian Tribes and Tribal Organizations for the
18
construction, expansion, or modernization of facili-
19
ties for the provision of ambulatory care services to
20
eligible Indians (and noneligible persons pursuant to
21
subsections (b)(2) and (c)(1)(C)). Funding made
22
under this section may cover up to 100 percent of
23
the costs of such construction, expansion, or mod-
24
ernization. For the purposes of this section, the term
S 1057 IS
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151
1
construction includes the replacement of an exist-
ing facility.
(2) AGREEMENT
REQUIRED.Funding
under
paragraph (1) may only be made available to a Trib-
al Health Program operating an Indian health facil-
ity (other than a facility owned or constructed by
the Service, including a facility originally owned or
constructed by the Service and transferred to an In-
dian Tribe or Tribal Organization).
10
(b) USE OF FUNDS.
11
(1) ALLOWABLE
USES.Funding
provided
12
under this section may be used for the construction,
13
expansion, or modernization (including the planning
14
and design of such construction, expansion, or mod-
15
ernization) of an ambulatory care facility
16
(A) located apart from a hospital;
17
(B) not funded under section 301 or sec-
18
tion 307; and
19
20
(C) which, upon completion of such construction or modernization will
21
(i) have a total capacity appropriate
22
to its projected service population;
23
(ii) provide annually no fewer than
24
150 patient visits by eligible Indians and
25
other users who are eligible for services in
S 1057 IS
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152
1
such facility in accordance with section
807(c)(2); and
(iii) provide ambulatory care in a
Service Area (specified in the contract or
compact under the Indian Self-Determina-
tion and Education Assistance Act (25
U.S.C. 450 et seq.)) with a population of
no fewer than 1,500 eligible Indians and
other users who are eligible for services in
10
such facility in accordance with section
11
807(c)(2).
12
(2) ADDITIONAL
ALLOWABLE USE.The
Sec-
13
retary may also reserve a portion of the funding pro-
14
vided under this section and use those reserved
15
funds to reduce an outstanding debt incurred by In-
16
dian Tribes or Tribal Organizations for the con-
17
struction, expansion, or modernization of an ambula-
18
tory care facility that meets the requirements under
19
paragraph (1). The provisions of this section shall
20
apply, except that such applications for funding
21
under this paragraph shall be considered separately
22
from applications for funding under paragraph (1).
23
(3) USE
ONLY FOR CERTAIN PORTION OF
24
COSTS.Funding
25
be used only for the cost of that portion of a con-
S 1057 IS
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156
153
1
struction, expansion, or modernization project that
benefits the Service population identified above in
subsection (b)(1)(C) (ii) and (iii). The requirements
of clauses (ii) and (iii) of paragraph (1)(C) shall not
apply to an Indian Tribe or Tribal Organization ap-
plying for funding under this section for a health
care facility located or to be constructed on an is-
land or when such facility is not located on a road
system providing direct access to an inpatient hos-
10
pital where care is available to the Service popu-
11
lation.
12
(c) FUNDING.
13
(1) APPLICATION.No funding may be made
14
available under this section unless an application or
15
proposal for such funding has been approved by the
16
Secretary in accordance with applicable regulations
17
and has forth reasonable assurance by the applicant
18
that, at all times after the construction, expansion,
19
or modernization of a facility carried out pursuant
20
to funding received under this section
21
(A) adequate financial support will be
22
available for the provision of services at such
23
facility;
S 1057 IS
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154
1
(B) such facility will be available to eligi-
ble Indians without regard to ability to pay or
source of payment; and
(C) such facility will, as feasible without
diminishing the quality or quantity of services
provided to eligible Indians, serve noneligible
persons on a cost basis.
(2) PRIORITY.In awarding funding under
this section, the Secretary shall give priority to In-
10
dian
11
demonstrate
Tribes
12
13
and
Tribal
Organizations
that
(A) a need for increased ambulatory care

services; and
14
(B) insufficient capacity to deliver such
15
services.
16
(3) PEER
REVIEW PANELS.The
Secretary
17
may provide for the establishment of peer review
18
panels, as necessary, to review and evaluate applica-
19
tions and proposals and to advise the Secretary re-
20
garding such applications using the criteria devel-
21
oped during consultations pursuant to subsection
22
(a)(1).
23
(d) REVERSION
OF
FACILITIES.If any facility (or
24 portion thereof) with respect to which funds have been

25 paid under this section, ceases, within 5 years after com-
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1 pletion of the construction, expansion, or modernization
2 carried out with such funds, to be used for the purposes
3 of providing health care services to eligible Indians, all of
4 the right, title, and interest in and to such facility (or por5 tion thereof) shall transfer to the United States unless
6 otherwise negotiated by the Service and the Indian Tribe
7 or Tribal Organization.
8
(e) FUNDING NONRECURRING.Funding provided
9 under this section shall be nonrecurring and shall not be

10 available for inclusion in any individual Indian Tribes
11 tribal share for an award under the Indian Self-Deter12 mination and Education Assistance Act or for reallocation
13 or redesign thereunder.
14
SEC. 306. INDIAN HEALTH CARE DELIVERY DEMONSTRA-
15
16
TION PROJECT.
(a) HEALTH CARE DEMONSTRATION PROJECTS.
17 The Secretary, acting through the Service, and in con18 sultation with Indian Tribes and Tribal Organizations, is
19 authorized to enter into construction agreements under
20 the Indian Self-Determination and Education Assistance
21 Act (25 U.S.C. 450 et seq.) with Indian Tribes or Tribal
22 Organizations for the purpose of carrying out a health
23 care delivery demonstration project to test alternative
24 means of delivering health care and services to Indians
25 through facilities.
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1
(b) USE
OF
FUNDS.The Secretary, in approving
2 projects pursuant to this section, may authorize funding

3 for the construction and renovation of hospitals, health
4 centers, health stations, and other facilities to deliver
5 health care services and is authorized to
6
(1) waive any leasing prohibition;
(2) permit carryover of funds appropriated for
8
9
10
11
12
13
14
the provision of health care services;

(3) permit the use of other available funds;
(4) permit the use of funds or property donated from any source for project purposes;
(5) provide for the reversion of donated real or
personal property to the donor; and
(6) permit the use of Service funds to match
15
other funds, including Federal funds.
16
(c) REGULATIONS.The Secretary shall develop
17 and promulgate regulations not later than 1 year after the

19 Act Amendments of 2005. If the Secretary has not pro20 mulgated regulations by that date, the Secretary shall de21 velop and publish regulations, through rulemaking under
22 section 802, for the review and approval of applications
23 submitted under this section.
24
(d) CRITERIA.The Secretary may approve projects
25 that meet the following criteria:
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1
(1) There is a need for a new facility or pro-
gram or the reorientation of an existing facility or
program.
(2) A significant number of Indians, including
those with low health status, will be served by the
project.
(3) The project has the potential to deliver
services in an efficient and effective manner.
(4) The project is economically viable.
10
(5) The Indian Tribe or Tribal Organization
11
has the administrative and financial capability to ad-
12
minister the project.
13
(6) The project is integrated with providers of
14
related health and social services and is coordinated
15
with, and avoids duplication of, existing services.
16
(e) PEER REVIEW PANELS.The Secretary may
17 provide for the establishment of peer review panels, as nec18 essary, to review and evaluate applications using the cri19 teria developed pursuant to subsection (d).
20
(f) PRIORITY.The Secretary shall give priority to
21 applications for demonstration projects in each of the fol22 lowing Service Units to the extent that such applications
23 are timely filed and meet the criteria specified in sub24 section (d):
25
(1) Cass Lake, Minnesota.
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1
(2) Clinton, Oklahoma.
(3) Harlem, Montana.
(4) Mescalero, New Mexico.
(5) Owyhee, Nevada.
(6) Parker, Arizona.
(7) Schurz, Nevada.
(8) Winnebago, Nebraska.
(9) Ft. Yuma, California.
(g) TECHNICAL ASSISTANCE.The Secretary shall
10 provide such technical and other assistance as may be nec11 essary to enable applicants to comply with the provisions
12 of this section.
13
(h) SERVICE
TO INELIGIBLE
PERSONS.Subject to
14 section 807, the authority to provide services to persons

15 otherwise ineligible for the health care benefits of the
16 Service and the authority to extend hospital privileges in
17 Service facilities to non-Service health practitioners as
18 provided in section 807 may be included, subject to the
19 terms of such section, in any demonstration project ap20 proved pursuant to this section.
21
(i) EQUITABLE TREATMENT.For purposes of sub-
22 section (d)(1), the Secretary shall, in evaluating facilities

23 operated under any contract or compact under the Indian
24 Self-Determination and Education Assistance Act (25
25 U.S.C. 450 et seq.), use the same criteria that the Sec-
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159
1 retary uses in evaluating facilities operated directly by the
2 Service.
3
(j) EQUITABLE INTEGRATION
OF
FACILITIES.The
4 Secretary shall ensure that the planning, design, construc5 tion, renovation, and expansion needs of Service and non6 Service facilities which are the subject of a contract or
7 compact under the Indian Self-Determination and Edu8 cation Assistance Act (25 U.S.C. 450 et seq.) for health
9 services are fully and equitably integrated into the imple10 mentation of the health care delivery demonstration
11 projects under this section.
12
13
SEC. 307. LAND TRANSFER.
Notwithstanding any other provision of law, the Bu-
14 reau of Indian Affairs and all other agencies and depart15 ments of the United States are authorized to transfer, at
16 no cost, land and improvements to the Service for the pro17 vision of health care services. The Secretary is authorized
18 to accept such land and improvements for such purposes.
19
SEC. 308. LEASES, CONTRACTS, AND OTHER AGREEMENTS.
20
The Secretary, acting through the Service, may
21 enter into leases, contracts, and other agreements with In22 dian Tribes and Tribal Organizations which hold (1) title
23 to, (2) a leasehold interest in, or (3) a beneficial interest
24 in (when title is held by the United States in trust for
25 the benefit of an Indian Tribe) facilities used or to be used
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160
1 for the administration and delivery of health services by
2 an Indian Health Program. Such leases, contracts, or
3 agreements may include provisions for construction or ren4 ovation and provide for compensation to the Indian Tribe
5 or Tribal Organization of rental and other costs consistent
6 with section 105(l) of the Indian Self-Determination and
7 Education Assistance Act and regulations thereunder.
8
SEC. 309. STUDY ON LOANS, LOAN GUARANTEES, AND
9
10
LOAN REPAYMENT.
(a) IN GENERAL.The Secretary, in consultation
11 with the Secretary of the Treasury, Indian Tribes, and

12 Tribal Organizations, shall carry out a study to determine
13 the feasibility of establishing a loan fund to provide to In14 dian Tribes and Tribal Organizations direct loans or guar15 antees for loans for the construction of health care facili16 ties, including
17
(1) inpatient facilities;
18
(2) outpatient facilities;
19
(3) staff quarters;
20
(4) hostels; and
21
(5) specialized care facilities, such as behav-
22
ioral health and elder care facilities.
23
(b) DETERMINATIONS.In carrying out the study
24 under subsection (a), the Secretary shall determine
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161
1
(1) the maximum principal amount of a loan
or loan guarantee that should be offered to a recipi-
ent from the loan fund;
(2) the percentage of eligible costs, not to ex-
ceed 100 percent, that may be covered by a loan or
loan guarantee from the loan fund (including costs
relating to planning, design, financing, site land de-
velopment, construction, rehabilitation, renovation,
conversion, improvements, medical equipment and
10
furnishings, and other facility-related costs and cap-
11
ital purchase (but excluding staffing));
12
(3) the cumulative total of the principal of di-
13
rect loans and loan guarantees, respectively, that
14
may be outstanding at any 1 time;
15
(4) the maximum term of a loan or loan guar-
16
antee that may be made for a facility from the loan
17
fund;
18
(5) the maximum percentage of funds from
19
the loan fund that should be allocated for payment
20
of costs associated with planning and applying for a
21
loan or loan guarantee;
22
(6) whether acceptance by the Secretary of an
23
assignment of the revenue of an Indian Tribe or
24
Tribal Organization as security for any direct loan
S 1057 IS
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162
1
or loan guarantee from the loan fund would be ap-
propriate;
(7) whether, in the planning and design of
health facilities under this section, users eligible
under section 807(c) may be included in any projec-
tion of patient population;
(8) whether funds of the Service provided
through loans or loan guarantees from the loan fund
should be eligible for use in matching other Federal
10
funds under other programs;
11
(9) the appropriateness of, and best methods
12
for, coordinating the loan fund with the health care
13
priority system of the Service under section 301; and
14
(10) any legislative or regulatory changes re-
15
quired to implement recommendations of the Sec-
16
retary based on results of the study.
17
(c) REPORT.Not later than September 30, 2007,
18 the Secretary shall submit to the Committee on Indian Af19 fairs of the Senate and the Committee on Resources and
20 the Committee on Energy and Commerce of the House
21 of Representatives a report that describes
22
23
(1) the manner of consultation made as required by subsection (a); and
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163
1
(2) the results of the study, including any rec-
ommendations of the Secretary based on results of
the study.
4
5
SEC. 310. TRIBAL LEASING.
A Tribal Health Program may lease permanent
6 structures for the purpose of providing health care services

7 without obtaining advance approval in appropriation Acts.
8
SEC. 311. INDIAN HEALTH SERVICE/TRIBAL FACILITIES
9
10
JOINT VENTURE PROGRAM.
11 the Service, shall make arrangements with Indian Tribes

12 and Tribal Organizations to establish joint venture dem13 onstration projects under which an Indian Tribe or Tribal
14 Organization shall expend tribal, private, or other avail15 able funds, for the acquisition or construction of a health
16 facility for a minimum of 10 years, under a no-cost lease,
17 in exchange for agreement by the Service to provide the
18 equipment, supplies, and staffing for the operation and
19 maintenance of such a health facility. An Indian Tribe or
20 Tribal Organization may use tribal funds, private sector,
21 or other available resources, including loan guarantees, to
22 fulfill its commitment under a joint venture entered into
23 under this subsection. An Indian Tribe or Tribal Organi24 zation shall be eligible to establish a joint venture project
25 if, when it submits a letter of intent, it
S 1057 IS
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1
(1) has begun but not completed the process
of acquisition or construction of a health facility to
be used in the joint venture project; or
(2) has not begun the process of acquisition or
construction of a health facility for use in the joint
venture project.
(b) REQUIREMENTS.The Secretary shall make
8 such an arrangement with an Indian Tribe or Tribal Orga9 nization only if

10
(1) the Secretary first determines that the In-
11
dian Tribe or Tribal Organization has the adminis-
12
trative and financial capabilities necessary to com-
13
plete the timely acquisition or construction of the
14
relevant health facility; and
15
(2) the Indian Tribe or Tribal Organization
16
meets the need criteria which shall be developed
17
through the negotiated rulemaking process provided
18
for under section 802.
19
(c) CONTINUED OPERATION.The Secretary shall
20 negotiate an agreement with the Indian Tribe or Tribal

21 Organization regarding the continued operation of the fa22 cility at the end of the initial 10 year no-cost lease period.
23
(d) BREACH
OF
AGREEMENT.An Indian Tribe or
24 Tribal Organization that has entered into a written agree25 ment with the Secretary under this section, and that
S 1057 IS
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165
1 breaches or terminates without cause such agreement,
2 shall be liable to the United States for the amount that
3 has been paid to the Indian Tribe or Tribal Organization,
4 or paid to a third party on the Indian Tribes or Tribal
5 Organizations behalf, under the agreement. The Sec6 retary has the right to recover tangible property (including
7 supplies) and equipment, less depreciation, and any funds
8 expended for operations and maintenance under this sec9 tion. The preceding sentence does not apply to any funds
10 expended for the delivery of health care services, person11 nel, or staffing.
12
(e) RECOVERY
FOR
NONUSE.An Indian Tribe or
13 Tribal Organization that has entered into a written agree14 ment with the Secretary under this subsection shall be en15 titled to recover from the United States an amount that
16 is proportional to the value of such facility if, at any time
17 within the 10-year term of the agreement, the Service
18 ceases to use the facility or otherwise breaches the agree19 ment.
20
(f) DEFINITION.For the purposes of this section,
21 the term health facility or health facilities includes

22 quarters needed to provide housing for staff of the rel23 evant Tribal Health Program.
S 1057 IS
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166
1
2
SEC. 312. LOCATION OF FACILITIES.
(a) IN GENERAL.In all matters involving the reor-
3 ganization or development of Service facilities or in the

4 establishment of related employment projects to address
5 unemployment conditions in economically depressed areas,
6 the Bureau of Indian Affairs and the Service shall give
7 priority to locating such facilities and projects on Indian
8 lands, or lands in Alaska owned by any Alaska Native vil9 lage, or village or regional corporation under the Alaska
10 Native Claims Settlement Act, or any land allotted to any
11 Alaska Native, if requested by the Indian owner and the
12 Indian Tribe with jurisdiction over such lands or other
13 lands owned or leased by the Indian Tribe or Tribal Orga14 nization. Top priority shall be given to Indian land owned
15 by 1 or more Indian Tribes.
16
(b) DEFINITION.For purposes of this section, the
17 term Indian lands means

18
19
(1) all lands within the exterior boundaries of

any reservation; and
20
(2) any lands title to which is held in trust by
21
the United States for the benefit of any Indian
22
Tribe or individual Indian or held by any Indian
23
Tribe or individual Indian subject to restriction by
24
the United States against alienation.
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167
1
SEC. 313. MAINTENANCE AND IMPROVEMENT OF HEALTH
CARE FACILITIES.
(a) REPORT.The Secretary shall submit to the
4 President, for inclusion in the report required to be trans5 mitted to Congress under section 801, a report which iden6 tifies the backlog of maintenance and repair work required
7 at both Service and tribal health care facilities, including
8 new health care facilities expected to be in operation in
9 the next fiscal year. The report shall also identify the need
10 for renovation and expansion of existing facilities to sup11 port the growth of health care programs.
12
(b) MAINTENANCE
OF
NEWLY CONSTRUCTED
13 SPACE.The Secretary, acting through the Service, is au14 thorized to expend maintenance and improvement funds
15 to support maintenance of newly constructed space only
16 if such space falls within the approved supportable space
17 allocation for the Indian Tribe or Tribal Organization.
18 Supportable space allocation shall be defined through the
19 negotiated rulemaking process provided for under section
20 802.
21
(c) REPLACEMENT FACILITIES.In addition to
22 using maintenance and improvement funds for renovation,

23 modernization, and expansion of facilities, an Indian Tribe
24 or Tribal Organization may use maintenance and improve25 ment funds for construction of a replacement facility if
26 the costs of renovation of such facility would exceed a
S 1057 IS
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168
1 maximum renovation cost threshold. The maximum ren2 ovation cost threshold shall be determined through the ne3 gotiated rulemaking process provided for under section
4 802.
5
SEC. 314. TRIBAL MANAGEMENT OF FEDERALLY OWNED
6
7
QUARTERS.
(a) RENTAL RATES.
(1) ESTABLISHMENT.Notwithstanding any
other provision of law, a Tribal Health Program
10
which operates a hospital or other health facility and
11
the federally owned quarters associated therewith
12
pursuant to a contract or compact under the Indian
13
14
(25 U.S.C. 450 et seq.) shall have the authority to
15
establish the rental rates charged to the occupants
16
of such quarters by providing notice to the Secretary
17
of its election to exercise such authority.
18
(2) OBJECTIVES.In establishing rental rates
19
pursuant to authority of this subsection, a Tribal
20
Health Program shall endeavor to achieve the follow-
21
ing objectives:
22
(A) To base such rental rates on the rea-
23
sonable value of the quarters to the occupants
24
thereof.
S 1057 IS
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169
1
(B) To generate sufficient funds to pru-
dently provide for the operation and mainte-
nance of the quarters, and subject to the discre-
tion of the Tribal Health Program, to supply
reserve funds for capital repairs and replace-
ment of the quarters.
(3)
EQUITABLE
FUNDING.Any
quarters
whose rental rates are established by a Tribal
Health Program pursuant to this subsection shall
10
remain eligible for quarters improvement and repair
11
funds to the same extent as all federally owned
12
quarters used to house personnel in Services-sup-
13
ported programs.
14
(4) NOTICE
OF
RATE
CHANGE.A
Tribal
15
Health Program which exercises the authority pro-
16
vided under this subsection shall provide occupants
17
with no less than 60 days notice of any change in
18
rental rates.
19
(b) DIRECT COLLECTION OF RENT.
20
(1) IN
GENERAL.Notwithstanding
any other
21
provision of law, and subject to paragraph (2), a
22
Tribal Health Program shall have the authority to
23
collect rents directly from Federal employees who oc-
24
cupy such quarters in accordance with the following:
S 1057 IS
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170
1
(A) The Tribal Health Program shall no-
tify the Secretary and the subject Federal em-
ployees of its election to exercise its authority
to collect rents directly from such Federal em-
ployees.
(B) Upon receipt of a notice described in
subparagraph (A), the Federal employees shall
pay rents for occupancy of such quarters di-
rectly to the Tribal Health Program and the
10
Secretary shall have no further authority to col-
11
lect rents from such employees through payroll
12
deduction or otherwise.
13
(C) Such rent payments shall be retained
14
by the Tribal Health Program and shall not be
15
made payable to or otherwise be deposited with
16
the United States.
17
(D) Such rent payments shall be depos-
18
ited into a separate account which shall be used
19
by the Tribal Health Program for the mainte-
20
nance (including capital repairs and replace-
21
ment) and operation of the quarters and facili-
22
ties as the Tribal Health Program shall deter-
23
mine.
24
(2) RETROCESSION
25
OF
AUTHORITY.If
Tribal Health Program which has made an election
S 1057 IS
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171
1
under paragraph (1) requests retrocession of its au-
thority to directly collect rents from Federal employ-
ees occupying federally owned quarters, such ret-
rocession shall become effective on the earlier of
(A) the first day of the month that begins
no less than 180 days after the Tribal Health
Program notifies the Secretary of its desire to
retrocede; or
(B) such other date as may be mutually
10
agreed by the Secretary and the Tribal Health
11
Program.
12
(c) RATES
IN
ALASKA.To the extent that a Tribal
13 Health Program, pursuant to authority granted in sub14 section (a), establishes rental rates for federally owned
15 quarters provided to a Federal employee in Alaska, such
16 rents may be based on the cost of comparable private rent17 al housing in the nearest established community with a
18 year-round population of 1,500 or more individuals.
19
SEC. 315. APPLICABILITY OF BUY AMERICAN ACT RE-
20
21
QUIREMENT.
(a) APPLICABILITY.The Secretary shall ensure
22 that the requirements of the Buy American Act apply to

23 all procurements made with funds provided pursuant to
24 section 317. Indian Tribes and Tribal Organizations shall
25 be exempt from these requirements.
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172
1
(b) EFFECT
OF
VIOLATION.If it has been finally
2 determined by a court or Federal agency that any person

3 intentionally affixed a label bearing a Made in America
4 inscription or any inscription with the same meaning, to
5 any product sold in or shipped to the United States that
6 is not made in the United States, such person shall be
7 ineligible to receive any contract or subcontract made with
8 funds provided pursuant to section 317, pursuant to the
9 debarment, suspension, and ineligibility procedures de10 scribed in sections 9.400 through 9.409 of title 48, Code
11 of Federal Regulations.
12
(c) DEFINITIONS.For purposes of this section, the
13 term Buy American Act means title III of the Act enti14 tled An Act making appropriations for the Treasury and
15 Post Office Departments for the fiscal year ending June
16 30, 1934, and for other purposes, approved March 3,
17 1933 (41 U.S.C. 10a et seq.).
18
19
SEC. 316. OTHER FUNDING FOR FACILITIES.
(a) AUTHORITY TO ACCEPT FUNDS.The Sec-
20 retary is authorized to accept from any source, including

21 Federal and State agencies, funds that are available for
22 the construction of health care facilities and use such
23 funds to plan, design, and construct health care facilities
24 for Indians and to place such funds into a contract or com25 pact under the Indian Self-Determination and Education
S 1057 IS
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173
1 Assistance Act (25 U.S.C. 450 et seq.). Receipt of such
2 funds shall have no effect on the priorities established pur3 suant to section 301.
4
(b) INTERAGENCY AGREEMENTS.The Secretary is
5 authorized to enter into interagency agreements with

6 other Federal agencies or State agencies and other entities
7 and to accept funds from such Federal or State agencies
8 or other sources to provide for the planning, design, and
9 construction of health care facilities to be administered by
10 Indian Health Programs in order to carry out the pur11 poses of this Act and the purposes for which the funds
12 were appropriated or for which the funds were otherwise
13 provided.
14
(c) TRANSFERRED FUNDS.Any Federal agency to
15 which funds for the construction of health care facilities

16 are appropriated is authorized to transfer such funds to
17 the Secretary for the construction of health care facilities
18 to carry out the purposes of this Act as well as the pur19 poses for which such funds are appropriated to such other
20 Federal agency.
21
(d) ESTABLISHMENT
OF
STANDARDS.The Sec-
22 retary, through the Service, shall establish standards by

23 regulation, developed by rulemaking under section 802, for
24 the planning, design, and construction of health care fa25 cilities serving Indians under this Act.
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1

TITLE IVACCESS TO HEALTH

SERVICES
SEC. 401. TREATMENT OF PAYMENTS UNDER SOCIAL SE-
CURITY ACT HEALTH CARE PROGRAMS.
(a) DISREGARD
MEDICARE, MEDICAID,
OF
AND
10 SCHIP PAYMENTS IN DETERMINING APPROPRIATIONS.

11 Any payments received by an Indian Health Program or
12 by an Urban Indian Organization made under title XVIII,
13 XIX, or XXI of the Social Security Act for services pro14 vided to Indians eligible for benefits under such respective
15 titles shall not be considered in determining appropria16 tions for the provision of health care and services to Indi17 ans.
18
(b) NONPREFERENTIAL TREATMENT.Nothing in
19 this Act authorizes the Secretary to provide services to an

20 Indian with coverage under title XVIII, XIX, or XXI of
21 the Social Security Act in preference to an Indian without
22 such coverage.
23
24
(c) USE OF FUNDS.

(1) SPECIAL
FUND.Notwithstanding
any
25
other provision of law, but subject to paragraph (2),
26
payments to which a facility of the Service is entiS 1057 IS
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175
1
tled by reason of a provision of the Social Security
Act shall be placed in a special fund to be held by
the Secretary and first used (to such extent or in
such amounts as are provided in appropriation Acts)
for the purpose of making any improvements in the
programs of the Service which may be necessary to
achieve or maintain compliance with the applicable
conditions and requirements of titles XVIII, XIX,
and XXI of the Social Security Act. Any amounts to
10
be reimbursed that are in excess of the amount nec-
11
essary to achieve or maintain such conditions and
12
requirements shall, subject to the consultation with
13
Indian Tribes being served by the Service Unit, be
14
used for reducing the health resource deficiencies of
15
the Indian Tribes. In making payments from such
16
fund, the Secretary shall ensure that each Service
17
Unit of the Service receives 100 percent of the
18
amount to which the facilities of the Service, for
19
which such Service Unit makes collections, are enti-
20
tled by reason of a provision of the Social Security
21
Act.
22
(2) DIRECT
PAYMENT
OPTION.Paragraph
23
(1) shall not apply upon the election of a Tribal
24
Health Program under subsection (d) to receive pay-
25
ments directly. No payment may be made out of the
S 1057 IS
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176
1
special fund described in such paragraph with re-
spect to reimbursement made for services provided
during the period of such election.
(d) DIRECT BILLING.
(1) IN
GENERAL.A
Tribal Health Program
may directly bill for, and receive payment for, health
care items and services provided by such Indian
Tribe or Tribal organization for which payment is
made under title XVIII, XIX, or XXI of the Social
10
11
Security Act or from any other third party payor.

(2) DIRECT
12
REIMBURSEMENT.
(A) USE
OF FUNDS.Each
Tribal Health
13
Program exercising the option described in
14
paragraph (1) with respect to a program under
15
a title of the Social Security Act shall be reim-
16
bursed directly by that program for items and
17
services furnished without regard to section
18
401(c), but all amounts so reimbursed shall be
19
used by the Tribal Health Program for the pur-
20
pose of making any improvements in Tribal fa-
21
cilities or Tribal Health Programs that may be
22
necessary to achieve or maintain compliance
23
with the conditions and requirements applicable
24
generally to such items and services under the
25
program under such title and to provide addi-
S 1057 IS
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177
1
tional health care services, improvements in
health care facilities and Tribal Health Pro-
grams, any health care-related purpose, or oth-
erwise to achieve the objectives provided in sec-
tion 3 of this Act.
(B) AUDITS.The amounts paid to an
Indian Tribe or Tribal Organization exercising
the option described in paragraph (1) with re-
spect to a program under a title of the Social
10
Security Act shall be subject to all auditing re-
11
quirements applicable to programs administered
12
by an Indian Health Program.
13
(C) IDENTIFICATION
OF SOURCE OF PAY-
14
MENTS.If
15
zation receives funding from the Service under
16
the Indian Self-Determination and Education
17
Assistance Act or an Urban Indian Organiza-
18
tion receives funding from the Service under
19
title V of this Act and receives reimbursements
20
or payments under title XVIII, XIX, or XXI of
21
the Social Security Act, such Indian Tribe or
22
Tribal Organization, or Urban Indian Organiza-
23
tion, shall provide to the Service a list of each
24
provider enrollment number (or other identifier)
S 1057 IS
an Indian Tribe or Tribal Organi-
181
178
1
under which it receives such reimbursements or
payments.
(3) EXAMINATION
AND IMPLEMENTATION OF
CHANGES.The
ice and with the assistance of the Administrator of
the Centers for Medicare & Medicaid Services, shall
examine on an ongoing basis and implement any ad-
ministrative changes that may be necessary to facili-
tate direct billing and reimbursement under the pro-
10
gram established under this subsection, including
11
any agreements with States that may be necessary
12
to provide for direct billing under a program under
13
a title of the Social Security Act.
14
Secretary, acting through the Serv-
(4) WITHDRAWAL
FROM PROGRAM.A
Tribal
15
Health Program that bills directly under the pro-
16
gram established under this subsection may with-
17
draw from participation in the same manner and
18
under the same conditions that an Indian Tribe or
19
Tribal Organization may retrocede a contracted pro-
20
gram to the Secretary under the authority of the In-
21
dian Self-Determination and Education Assistance
22
Act (25 U.S.C. 450 et seq.). All cost accounting and
23
billing authority under the program established
24
under this subsection shall be returned to the Sec-
S 1057 IS
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179
1
retary upon the Secretarys acceptance of the with-
drawal of participation in this program.
SEC. 402. GRANTS TO AND CONTRACTS WITH THE SERV-
ICE,
TIONS, AND URBAN INDIAN ORGANIZATIONS.
6
7
INDIAN
TRIBES,
(a) INDIAN TRIBES

TIONS.The
AND
TRIBAL
ORGANIZA-
TRIBAL ORGANIZA-
Secretary, acting through the Service, shall
8 make grants to or enter into contracts with Indian Tribes

9 and Tribal Organizations to assist such Tribes and Tribal
10 Organizations in establishing and administering programs
11 on or near reservations and trust lands to assist individual
12 Indians
13
(1) to enroll for benefits under title XVIII,
14
XIX, or XXI of the Social Security Act and other
15
health benefits programs; and
16
(2) to pay premiums for coverage for such
17
benefits, which may be based on financial need (as
18
determined by the Indian Tribe or Tribes being
19
served based on a schedule of income levels devel-
20
oped or implemented by such Tribe or Tribes).
21
(b) CONDITIONS.The Secretary, acting through
22 the Service, shall place conditions as deemed necessary to

23 effect the purpose of this section in any grant or contract
24 which the Secretary makes with any Indian Tribe or Trib25 al Organization pursuant to this section. Such conditions
S 1057 IS
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180
1 shall include requirements that the Indian Tribe or Tribal
2 Organization successfully undertake
3
4
5
6
(1) to determine the population of Indians eligible for the benefits described in subsection (a);
(2) to educate Indians with respect to the benefits available under the respective programs;
(3) to provide transportation for such individ-
ual Indians to the appropriate offices for enrollment
or applications for such benefits; and
10
(4) to develop and implement methods of im-
11
proving the participation of Indians in receiving the
12
benefits provided under titles XVIII, XIX, and XXI
13
of the Social Security Act.
14
(c) AGREEMENTS RELATING
15
ROLLMENT OF
TO
IMPROVING EN-
INDIANS UNDER SOCIAL SECURITY ACT
16 PROGRAMS.
17
(1) AGREEMENTS
18
PROVE
19
TIONS.
20
RECEIPT
(A)
AND
WITH SECRETARY TO IMPROCESSING
OF
AUTHORIZATION.The
APPLICA-
Secretary,
21
acting through the Service, may enter into an
22
agreement with an Indian Tribe, Tribal Organi-
23
zation, or Urban Indian Organization which
24
provides for the receipt and processing of appli-
25
cations by Indians for assistance under titles
S 1057 IS
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181
1
XIX and XXI of the Social Security Act, and
benefits under title XVIII of such Act, by an
Indian Health Program or Urban Indian Orga-
nization.
(B) REIMBURSEMENT
OF COSTS.Such
agreements may provide for reimbursement of
costs of outreach, education regarding eligibility
and benefits, and translation when such services
are provided. The reimbursement may, as ap-
10
propriate, be added to the applicable rate per
11
encounter or be provided as a separate fee-for-
12
service payment to the Indian Tribe or Tribal
13
Organization.
14
(C) PROCESSING
CLARIFIED.In
this
15
paragraph, the term processing does not in-
16
clude a final determination of eligibility.
17
(2) AGREEMENTS
18
WITH STATES FOR OUT-
REACH ON OR NEAR RESERVATION.
19
(A) IN
GENERAL.In
order to improve
20
the access of Indians residing on or near a res-
21
ervation to obtain benefits under title XIX or
22
XXI of the Social Security Act, the Secretary
23
shall encourage the State to take steps to pro-
24
vide for enrollment on or near the reservation.
25
Such steps may include outreach efforts such as
S 1057 IS
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182
1
the outstationing of eligibility workers, entering
into agreements with Indian Tribes and Tribal
Organizations to provide outreach, education re-
garding eligibility and benefits, enrollment, and
translation services when such services are pro-
vided.
(B) CONSTRUCTION.Nothing in sub-
paragraph (A) shall be construed as affecting
arrangements entered into between States and
10
Indian Tribes and Tribal Organizations for
11
such Indian Tribes and Tribal Organizations to
12
conduct administrative activities under such ti-
13
tles.
14
(d) FACILITATING COOPERATION.The Secretary,
15 acting through the Centers for Medicare & Medicaid Serv16 ices, shall take such steps as are necessary to facilitate
17 cooperation with, and agreements between, States and the
18 Service, Indian Tribes, Tribal Organizations, or Urban In19 dian Organizations.
20
21
22
(e) APPLICATION
TO
URBAN INDIAN ORGANIZA-
TIONS.
(1) IN
GENERAL.The
provisions of sub-
23
section (a) shall apply with respect to grants and
24
other funding to Urban Indian Organizations with
25
respect to populations served by such organizations
S 1057 IS
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183
1
in the same manner they apply to grants and con-
tracts with Indian Tribes and Tribal Organizations
with respect to programs on or near reservations.
(2) REQUIREMENTS.The Secretary shall in-
clude in the grants or contracts made or provided
under paragraph (1) requirements that are
7
8
(A) consistent with the requirements imposed by the Secretary under subsection (b);
9
10
(B) appropriate to Urban Indian Organizations and Urban Indians; and
11
12
13
(C) necessary to effect the purposes of

this section.
SEC. 403. REIMBURSEMENT FROM CERTAIN THIRD PAR-
14
15
TIES OF COSTS OF HEALTH SERVICES.
(a) RIGHT
OF
RECOVERY.Except as provided in
16 subsection (f), the United States, an Indian Tribe, or

17 Tribal Organization shall have the right to recover from
18 an insurance company, health maintenance organization,
19 employee benefit plan, third-party tortfeasor, or any other
20 responsible or liable third party (including a political sub21 division or local governmental entity of a State) the rea22 sonable charges as determined by the Secretary, and billed
23 by the Secretary, an Indian Tribe, or Tribal Organization,
24 in providing health services, through the Service, an In25 dian Tribe, or Tribal Organization to any individual to the
S 1057 IS
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184
1 same extent that such individual, or any nongovernmental
2 provider of such services, would be eligible to receive dam3 ages, reimbursement, or indemnification for such charges
4 or expenses if
5
6
(1) such services had been provided by a nongovernmental provider; and
(2) such individual had been required to pay
such charges or expenses and did pay such charges
or expenses.
10
(b) LIMITATIONS
ON
RECOVERIES FROM STATES.
11 Subsection (a) shall provide a right of recovery against

12 any State, only if the injury, illness, or disability for which
13 health services were provided is covered under
14
(1) workers compensation laws; or
15
(2) a no-fault automobile accident insurance
16
plan or program.
17
(c) NONAPPLICATION
OF
OTHER LAWS.No law of
18 any State, or of any political subdivision of a State and

19 no provision of any contract, insurance or health mainte20 nance organization policy, employee benefit plan, self-in21 surance plan, managed care plan, or other health care plan
22 or program entered into or renewed after the date of the
23 enactment of the Indian Health Care Amendments of
24 1988, shall prevent or hinder the right of recovery of the
S 1057 IS
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185
1 United States, an Indian Tribe, or Tribal Organization
2 under subsection (a).
3
(d) NO EFFECT ON PRIVATE RIGHTS OF ACTION.
4 No action taken by the United States, an Indian Tribe,

5 or Tribal Organization to enforce the right of recovery
6 provided under this section shall operate to deny to the
7 injured person the recovery for that portion of the persons
8 damage not covered hereunder.
9
10
(e) ENFORCEMENT.
(1) IN
GENERAL.The
United States, an In-
11
dian Tribe, or Tribal Organization may enforce the
12
right of recovery provided under subsection (a) by
13
(A) intervening or joining in any civil ac-
14
tion or proceeding brought
15
(i) by the individual for whom health
16
services were provided by the Secretary, an
17
Indian Tribe, or Tribal Organization; or
18
(ii) by any representative or heirs of
19
such individual, or
20
(B) instituting a civil action, including a
21
civil action for injunctive relief and other relief
22
and including, with respect to a political sub-
23
division or local governmental entity of a State,
24
such an action against an official thereof.
S 1057 IS
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186
1
(2) NOTICE.All reasonable efforts shall be
made to provide notice of action instituted under
paragraph (1)(B) to the individual to whom health
services were provided, either before or during the
pendency of such action.
(f) LIMITATION.Absent specific written authoriza-
7 tion by the governing body of an Indian Tribe for the pe8 riod of such authorization (which may not be for a period
9 of more than 1 year and which may be revoked at any
10 time upon written notice by the governing body to the
11 Service), the United States shall not have a right of recov12 ery under this section if the injury, illness, or disability
13 for which health services were provided is covered under
14 a self-insurance plan funded by an Indian Tribe, Tribal
15 Organization, or Urban Indian Organization. Where such
16 authorization is provided, the Service may receive and ex17 pend such amounts for the provision of additional health
18 services consistent with such authorization.
19
(g) COSTS
AND
ATTORNEYS FEES.In any action
20 brought to enforce the provisions of this section, a prevail21 ing plaintiff shall be awarded its reasonable attorneys fees
22 and costs of litigation.
23
24
(h) NONAPPLICATION
MENTS.An
OF
CLAIMS FILING REQUIRE-
insurance company, health maintenance or-
25 ganization, self-insurance plan, managed care plan, or
S 1057 IS
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187
1 other health care plan or program (under the Social Secu2 rity Act or otherwise) may not deny a claim for benefits
3 submitted by the Service or by an Indian Tribe or Tribal
4 Organization based on the format in which the claim is
5 submitted if such format complies with the format re6 quired for submission of claims under title XVIII of the
7 Social Security Act or recognized under section 1175 of
8 such Act.
9
10
(i) APPLICATION
TIONS.The
TO
previous provisions of this section shall apply
11 to Urban Indian Organizations with respect to populations

12 served by such Organizations in the same manner they
13 apply to Indian Tribes and Tribal Organizations with re14 spect to populations served by such Indian Tribes and
15 Tribal Organizations.
16
(j) STATUTE
OF
LIMITATIONS.The provisions of
17 section 2415 of title 28, United States Code, shall apply

18 to all actions commenced under this section, and the ref19 erences therein to the United States are deemed to include
20 Indian Tribes, Tribal Organizations, and Urban Indian
21 Organizations.
22
(k) SAVINGS.Nothing in this section shall be con-
23 strued to limit any right of recovery available to the

24 United States, an Indian Tribe, or Tribal Organization
25 under the provisions of any applicable, Federal, State, or
S 1057 IS
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188
1 Tribal law, including medical lien laws and the Federal
2 Medical Care Recovery Act (42 U.S.C. 2651 et seq.).
3
SEC. 404. CREDITING OF REIMBURSEMENTS.
(a) USE OF AMOUNTS.
(1) RETENTION
BY PROGRAM.Except
as pro-
vided in section 202(g) (relating to the Catastrophic
Health Emergency Fund) and section 807 (relating
to health services for ineligible persons), all reim-
bursements received or recovered under any of the
10
programs described in paragraph (2), including
11
under section 807, by reason of the provision of
12
health services by the Service, by an Indian Tribe or
13
Tribal Organization, or by an Urban Indian Organi-
14
zation, shall be credited to the Service, such Indian
15
Tribe or Tribal Organization, or such Urban Indian
16
Organization, respectively, and may be used as pro-
17
vided in section 401. In the case of such a service
18
provided by or through a Service Unit, such
19
amounts shall be credited to such unit and used for
20
such purposes.
21
22
(2) PROGRAMS
programs re-
ferred to in paragraph (1) are the following:
23
24
COVERED.The
(A) Titles XVIII, XIX, and XXI of the

Social Security Act.
25
(B) This Act, including section 807.
S 1057 IS
192
189
1
(C) Public Law 87693.
(D) Any other provision of law.
(b) NO OFFSET
OF
AMOUNTS.The Service may
4 not offset or limit any amount obligated to any Service

5 Unit or entity receiving funding from the Service because
6 of the receipt of reimbursements under subsection (a).
7
8
SEC. 405. PURCHASING HEALTH CARE COVERAGE.
(a) IN GENERAL.Insofar as amounts are made
9 available under law (including a provision of the Social

10 Security Act, the Indian Self-Determination and Edu11 cation Assistance Act, or other law, other than under sec12 tion 402) to Indian Tribes, Tribal Organizations, and
13 Urban Indian Organizations for health benefits for Service
14 beneficiaries, Indian Tribes, Tribal Organizations, and
15 Urban Indian Organizations may use such amounts to
16 purchase health benefits coverage for such beneficiaries in
17 any manner, including through
18
19
20
21
22
23
24
(1) a tribally owned and operated health care

plan;
(2) a State or locally authorized or licensed
health care plan;
(3) a health insurance provider or managed
care organization; or
(4) a self-insured plan.
S 1057 IS
193
190
1 The purchase of such coverage by an Indian Tribe, Tribal
2 Organization, or Urban Indian Organization may be based
3 on the financial needs of such beneficiaries (as determined
4 by the Indian Tribe or Tribes being served based on a
5 schedule of income levels developed or implemented by
6 such Indian Tribe or Tribes).
7
(b) EXPENSES
FOR
SELF-INSURED PLAN.In the
8 case of a self-insured plan under subsection (a)(4), the

9 amounts may be used for expenses of operating the plan,
10 including administration and insurance to limit the finan11 cial risks to the entity offering the plan.
12
(c) CONSTRUCTION.Nothing in this section shall
13 be construed as affecting the use of any amounts not re14 ferred to in subsection (a).
15
SEC. 406. SHARING ARRANGEMENTS WITH FEDERAL AGEN-
16
17
18
CIES.
(a) AUTHORITY.
(1) IN
GENERAL.The
Secretary may enter
19
into (or expand) arrangements for the sharing of
20
medical facilities and services between the Service,
21
Indian Tribes, and Tribal Organizations and the De-
22
partment of Veterans Affairs and the Department of
23
Defense.
24
(2)
25
QUIRED.The
S 1057 IS
CONSULTATION
BY
SECRETARY
RE-
Secretary may not finalize any ar-
194
191
1
rangement between the Service and a Department
described in paragraph (1) without first consulting
with the Indian Tribes which will be significantly af-
fected by the arrangement.
(b) LIMITATIONS.The Secretary shall not take
6 any action under this section or under subchapter IV of

7 chapter 81 of title 38, United States Code, which would
8 impair
9
(1) the priority access of any Indian to health
10
care services provided through the Service and the
11
eligibility of any Indian to receive health services
12
through the Service;
13
14
(2) the quality of health care services provided

to any Indian through the Service;
15
(3) the priority access of any veteran to health
16
care services provided by the Department of Veter-
17
ans Affairs;
18
(4) the quality of health care services provided
19
by the Department of Veterans Affairs or the De-
20
partment of Defense; or
21
(5) the eligibility of any Indian who is a vet-
22
eran to receive health services through the Depart-
23
ment of Veterans Affairs.
24
(c) REIMBURSEMENT.The Service, Indian Tribe,
25 or Tribal Organization shall be reimbursed by the Depart-
S 1057 IS
195
192
1 ment of Veterans Affairs or the Department of Defense
2 (as the case may be) where services are provided through
3 the Service, an Indian Tribe, or a Tribal Organization to
4 beneficiaries eligible for services from either such Depart5 ment, notwithstanding any other provision of law.
6
(d) CONSTRUCTION.Nothing in this section may
7 be construed as creating any right of a non-Indian veteran

8 to obtain health services from the Service.
9
10
SEC. 407. PAYOR OF LAST RESORT.
Indian Health Programs and health care programs
11 operated by Urban Indian Organizations shall be the

12 payor of last resort for services provided to persons eligible
13 for services from Indian Health Programs and Urban In14 dian Organizations, notwithstanding any Federal, State,
15 or local law to the contrary.
16
SEC. 408. NONDISCRIMINATION IN QUALIFICATIONS FOR
17
18
REIMBURSEMENT FOR SERVICES.
For purposes of determining the eligibility of an en-
19 tity that is operated by the Service, an Indian Tribe, Trib20 al Organization, or Urban Indian Organization to receive
21 payment or reimbursement from any federally funded
22 health care program for health care services it furnishes
23 to an Indian. Such program must provide that such entity,
24 meeting generally applicable State or other requirements
25 applicable for participation, must be accepted as a pro-
S 1057 IS
196
193
1 vider on the same basis as any other qualified provider,
2 except that any requirement that the entity be licensed
3 or recognized under State or local law to furnish such
4 services shall be deemed to have been met if the entity
5 meets all the applicable standards for such licensure, but
6 the entity need not obtain a license or other documenta7 tion. In determining whether the entity meets such stand8 ards, the absence of licensure of any staff member of the
9 entity may not be taken into account.
10
11
SEC. 409. CONSULTATION.
(a)
TRIBAL
TECHNICAL
ADVISORY
GROUP
12 (TTAG).The Secretary shall maintain within the Cen13 ters for Medicaid & Medicare Services (CMS) a Tribal
14 Technical Advisory Group, established in accordance with
15 requirements of the charter dated September 30, 2003,
16 and in such group shall include a representative of the
17 Urban Indian Organizations and the Service. The rep18 resentative of the Urban Indian Organization shall be
19 deemed to be an elected officer of a tribal government for
20 purposes of applying section 204(b) of the Unfunded Man21 dates Reform Act of 1995 (2 U.S.C. 1534(b)).
22
23
(b) SOLICITATION OF MEDICAID ADVICE.

(1) IN
GENERAL.As
part of its plan under
24
title XIX of the Social Security Act, a State in
25
which the Service operates or funds health care pro-
S 1057 IS
197
194
1
grams, or in which 1 or more Indian Health Pro-
grams or Urban Indian Organizations provide health
care in the State for which medical assistance is
available under such title, may establish a process
under which the State seeks advice on a regular, on-
going basis from designees of such Indian Health
Programs and Urban Indian Organizations on mat-
ters relating to the application of such title to and
likely to have a direct effect on such Indian Health
10
11
Programs and Urban Indian Organizations.

(2) MANNER
OF ADVICE.The
process de-
12
scribed in paragraph (1) should include solicitation
13
of advice prior to submission of any plan amend-
14
ments, waiver requests, and proposals for dem-
15
onstration projects likely to have a direct effect on
16
Indians, Indian Health Programs, or Urban Indian
17
Organizations. Such process may include appoint-
18
ment of an advisory committee and of a designee of
19
such Indian Health Programs and Urban Indian Or-
20
ganizations to the medical care advisory committee
21
advising the State on its medicaid plan.
22
(3) PAYMENT
OF EXPENSES.The
reasonable
23
expenses of carrying out this subsection shall be eli-
24
gible for reimbursement under section 1903(a) of
25
the Social Security Act.
S 1057 IS
198
195
1
(c) CONSTRUCTION.Nothing in this section shall
2 be construed as superseding existing advisory committees,

3 working groups, or other advisory procedures established
4 by the Secretary or by any State.
5
SEC. 410. STATE CHILDRENS HEALTH INSURANCE PRO-
GRAM (SCHIP).
(a) OPTIONAL USE OF FUNDS FOR INDIAN HEALTH
8 PROGRAM PAYMENTS.Subject to the succeeding provi9 sions of this section, a State may provide under its State
10 child health plan under title XXI of the Social Security
11 Act (regardless of whether such plan is implemented under
12 such title, title XIX of such Act, or both) for payments
13 under this section to Indian Health Programs and Urban
14 Indian Organizations operating in the State. Such pay15 ments shall be treated under title XXI of the Social Secu16 rity
Act
as
expenditures
described
in
section
17 2105(a)(1)(A) of such Act.

18
(b) USE
OF
FUNDS.Payments under this section
19 may be used only for expenditures described in clauses (i)

20 through (iii) of section 2105(a)(1)(D) of the Social Secu21 rity Act for targeted low-income children or other low-in22 come children (as defined in 2110 of such Act) who are
23
(1) Indians; or
24
(2) otherwise eligible for health services from
25
the Indian Health Program involved.
S 1057 IS
199
196
1
(c) SPECIAL RESTRICTIONS.The following condi-
2 tions apply to a State electing to provide payments under

3 this section:
4
(1) NO
LIMITATION ON OTHER SCHIP PARTICI-
PATION OF, OR PROVIDER PAYMENTS TO, INDIAN
HEALTH PROGRAMS.The
limit participation of otherwise eligible Indian
Health Programs in its State child health program
under title XXI of the Social Security Act or its
10
medicaid program under title XIX of such Act or
11
pay such Programs less than they otherwise would
12
as participating providers on the basis that pay-
13
ments are made to such Programs under this sec-
14
tion.
15
(2) NO
State may not exclude or
LIMITATION ON OTHER SCHIP ELIGI-
16
BILITY OF INDIANS.The
17
limit participation of otherwise eligible Indian chil-
18
dren in such State child health or medicaid program
19
on the basis that payments are made for assistance
20
for such children under this section.
21
22
(3) LIMITATION
State may not exclude or
ON ACCEPTANCE OF CON-
TRIBUTIONS.
23
(A) IN
GENERAL.The
State may not ac-
24
cept contributions or condition making of pay-
25
ments under this section upon contribution of
S 1057 IS
200
197
1
funds from any Indian Health Program to meet
the States non-Federal matching fund require-
ments under titles XIX and XXI of the Social
Security Act.
(B) CONTRIBUTION
DEFINED.For
pur-
poses of subparagraph (A), the term contribu-
tion includes any tax, donation, fee, or other
payment made, whether made voluntarily or in-
voluntarily.
10
11
(d) APPLICATION
TATION.Payment
OF
SEPARATE 10 PERCENT LIMI-
may be made under section 2105(a)
12 of the Social Security Act to a State for a fiscal year for

13 payments under this section up to an amount equal to 10
14 percent of the total amount available under title XXI of
15 such Act (including allotments and reallotments available
16 from previous fiscal years) to the State with respect to
17 the fiscal year.
18
(e) GENERAL TERMS.A payment under this sec-
19 tion shall only be made upon application to the State from

20 the Indian Health Program involved and under such terms
21 and conditions, and in a form and manner, as the Sec22 retary determines appropriate.
23
24
SEC. 411. SOCIAL SECURITY ACT SANCTIONS.
(a) REQUESTS FOR WAIVER OF SANCTIONS.
S 1057 IS
201
198
1
(1) IN
GENERAL.For
purposes of applying
any authority under a provision of title XI, XVIII,
XIX, or XXI of the Social Security Act to seek a
waiver of a sanction imposed against a health care
provider insofar as that provider provides services to
individuals through an Indian Health Program, the
Indian Health Program shall request the State to
seek such waiver, and if such State has not sought
the waiver within 60 days of the Indian Health Pro-
10
gram request, the Indian Health Program itself may
11
petition the Secretary for such waiver.
12
(2) PROCEDURE.In seeking a waiver under
13
paragraph (1), the Indian Health Program must
14
provide notice and a copy of the request, including
15
the reasons for the waiver sought, to the State. The
16
Secretary may consider the States views in the de-
17
termination of the waiver request, but may not with-
18
hold or delay a determination based on the lack of
19
the States views.
20
(b) SAFE HARBOR
21
AND
FOR
TRANSACTIONS BETWEEN
AMONG INDIAN HEALTH CARE PROGRAMS.For
22 purposes of applying section 1128B(b) of the Social Secu23 rity Act, the exchange of anything of value between or
24 among the following shall not be treated as remuneration
S 1057 IS
202
199
1 if the exchange arises from or relates to any of the follow2 ing health programs:
3
4
(1) An exchange between or among the following:
(A) Any Indian Health Program.
(B) Any Urban Indian Organization.
(2) An exchange between an Indian Tribe,
Tribal Organization, or an Urban Indian Organiza-
tion and any patient served or eligible for service
10
from an Indian Tribe, Tribal Organization, or
11
Urban
12
served or eligible for service pursuant to section 807,
13
but only if such exchange
Indian
Organization,
including
patients
14
(A) is for the purpose of transporting the
15
patient for the provision of health care items or
16
services;
17
(B) is for the purpose of providing hous-
18
ing to the patient (including a pregnant pa-
19
tient) and immediate family members or an es-
20
cort incidental to assuring the timely provision
21
of health care items and services to the patient;
22
(C) is for the purpose of paying pre-
23
miums, copayments, deductibles, or other cost-
24
sharing on behalf of patients; or
S 1057 IS
203
200
1
(D) consists of an item or service of small
value that is provided as a reasonable incentive
to secure timely and necessary preventive and
other items and services.
(3) Other exchanges involving an Indian
Health Program, an Urban Indian Organization, or
an Indian Tribe or Tribal Organization that meet
such standards as the Secretary of Health and
Human Services, in consultation with the Attorney
10
General, determines is appropriate, taking into ac-
11
count the special circumstances of such Indian
12
Health Programs, Urban Indian Organizations, In-
13
dian Tribes, and Tribal Organizations and of pa-
14
tients served by Indian Health Programs, Urban In-
15
dian Organizations, Indian Tribes, and Tribal Orga-
16
nizations.
17
18
SEC. 412. COST SHARING.
(a)
COINSURANCE,
COPAYMENTS,
AND
19 DEDUCTIBLES.Notwithstanding any other provision of

20 Federal or State law
21
(1) PROTECTION
FOR
ELIGIBLE
INDIANS
22
UNDER
23
GRAMS.No
24
service for which payment may be made under title
S 1057 IS
SOCIAL
SECURITY
ACT
HEALTH
PRO-
Indian who is furnished an item or
204
201
1
XIX or XXI of the Social Security Act may be
charged a deductible, copayment, or coinsurance.
(2) PROTECTION
FOR INDIANS.No
Indian
who is furnished an item or service by the Service
may be charged a deductible, copayment, or coinsur-
ance.
(3) NO
REDUCTION IN AMOUNT OF PAYMENT
TO INDIAN HEALTH PROVIDERS.The
reimbursement due to the Service, Indian Tribe,
10
Tribal Organization, or Urban Indian Organization
11
under title XIX or XXI of the Social Security Act
12
may not be reduced by the amount of the deductible,
13
copayment, or coinsurance that would be due from
14
the Indian but for the operation of this section.
15
(b) EXEMPTION FROM MEDICAID AND SCHIP PRE-
16
MIUMS.Notwithstanding
payment or
any other provision of Federal
17 or State law, no Indian who is otherwise eligible for serv18 ices under title XIX of the Social Security Act (relating
19 to the medicaid program) or title XXI of such Act (relat20 ing to the State childrens health insurance program) may
21 be charged a premium, enrollment fee, or similar charge
22 as a condition of receiving benefits under the program
23 under the respective title.
24
25
(c) TREATMENT
ICAID
OF
CERTAIN PROPERTY
FOR
MED-
ELIGIBILITY.Notwithstanding any other provision
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202
1 of Federal or State law, the following property may not
2 be included when determining eligibility for services under
3 title XIX of the Social Security Act:
4
(1) Property, including real property and im-
provements, located on a reservation, including any
federally recognized Indian Tribes reservation,
Pueblo, or Colony, including former reservations in
Oklahoma, Alaska Native regions established by the
Alaska Native Claims Settlement Act and Indian al-
10
lotments on or near a reservation as designated and
11
approved by the Bureau of Indian Affairs of the De-
12
partment of the Interior.
13
(2) For any federally recognized Tribe not de-
14
scribed in paragraph (1), property located within the
15
most recent boundaries of a prior Federal reserva-
16
tion.
17
(3) Ownership interests in rents, leases, royal-
18
ties, or usage rights related to natural resources (in-
19
cluding extraction of natural resources or harvesting
20
of timber, other plants and plant products, animals,
21
fish, and shellfish) resulting from the exercise of fed-
22
erally protected rights.
23
(4) Ownership interests in or usage rights to
24
items not covered by paragraphs (1) through (3)
25
that have unique religious, spiritual, traditional, or
S 1057 IS
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203
1
cultural significance or rights that support subsist-
ence or a traditional life style according to applicable
tribal law or custom.
(d) CONTINUATION
OF
CURRENT LAW PROTEC-
CERTAIN INDIAN PROPERTY FROM MEDICAID
TIONS OF
6 ESTATE RECOVERY.Income, resources, and property

7 that are exempt from medicaid estate recovery under title
8 XIX of the Social Security Act as of April 1, 2003, under
9 manual instructions issued to carry out section 1917(b)(3)
10 of such Act because of Federal responsibility for Indian
11 Tribes and Alaska Native Villages shall remain so exempt.
12 Nothing in this subsection shall be construed as prevent13 ing the Secretary from providing additional medicaid es14 tate recovery exemptions for Indians.
15
16
SEC. 413. TREATMENT UNDER MEDICAID MANAGED CARE.
(a) PROVISION
OF
SERVICES,
TO
ENROLLEES WITH
17 NON-INDIAN MEDICAID MANAGED CARE ENTITIES,
BY
18 INDIAN HEALTH PROGRAMS AND URBAN INDIAN ORGANI19

20
ZATIONS.
(1) PAYMENT
21
(A) IN
RULES.
GENERAL.Subject
to subpara-
22
graph (B), in the case of an Indian who is en-
23
rolled with a non-Indian medicaid managed care
24
entity (as defined in subsection (c)) and who re-
25
ceives covered medicaid managed care services
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204
1
from an Indian Health Program or an Urban
Indian Organization, whether or not it is a par-
ticipating provider with respect to such entity,
the following rules apply:
(i) DIRECT
PAYMENT.The
entity
shall make prompt payment (in accordance
with rules applicable to medicaid managed
care entities under title XIX of the Social
Security Act) to the Indian Health Pro-
10
gram or Urban Indian Organization at a
11
rate established by the entity for such serv-
12
ices that is equal to the rate negotiated be-
13
tween such entity and the Program or Or-
14
ganization involved or, if such a rate has
15
not been negotiated, a rate that is not less
16
than the level and amount of payment
17
which the entity would make for the serv-
18
ices if the services were furnished by a pro-
19
vider which is not such a Program or Or-
20
ganization.
21
(ii) PAYMENT
THROUGH STATE.If
22
there is no arrangement for direct payment
23
under clause (i) or if a State provides for
24
this clause to apply in lieu of clause (i),
25
the State shall provide for payment to the
S 1057 IS
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205
1
Indian Health Program or Urban Indian
Organization under its State program
under title XIX of such Act at the rate
that would be otherwise applicable for such
services under such program and shall pro-
vide for an appropriate adjustment of the
capitation payment made to the entity to
take into account such payment.
(B) COMPLIANCE
10
WITH GENERALLY AP-
PLICABLE REQUIREMENTS.
11
(i) IN
GENERAL.Except
as other-
12
wise provided, as a condition of payment
13
under
14
Health Program or Urban Indian Organi-
15
zation shall comply with the generally ap-
16
plicable requirements of title XIX of the
17
Social Security Act with respect to covered
18
services.
19
subparagraph
(A),
(ii) SATISFACTION
OF
the
Indian
CLAIM
RE-
20
QUIREMENT.Any
21
submission of a claim or other documenta-
22
tion for services covered under subpara-
23
graph (A) by the enrollee is deemed to be
24
satisfied through the submission of a claim
25
or other documentation by the Indian
S 1057 IS
requirement for the
209
206
1
Health Program or Urban Indian Organi-
zation consistent with section 403(h).
(C) CONSTRUCTION.Nothing in this
subsection shall be construed as waiving the ap-
plication of section 1902(a)(30)(A) of the Social
Security Act (relating to application of stand-
ards to assure that payments are consistent
with efficiency, economy, and quality of care).
(2) ENROLLEE
OPTION TO SELECT AN INDIAN
10
HEALTH PROGRAM OR URBAN INDIAN ORGANIZATION
11
AS PRIMARY CARE PROVIDER.In
12
Indian medicaid managed care entity that
13
14
the case of a non-
(A) has an Indian enrolled with the entity; and
15
(B) has an Indian Health Program or
16
Urban Indian Organization that is participating
17
as a primary care provider within the network
18
of the entity,
19
insofar as the Indian is otherwise eligible to receive
20
services from such Program or Organization and the
21
Program or Organization has the capacity to provide
22
primary care services to such Indian, the Indian
23
shall be allowed to choose such Program or Organi-
24
zation as the Indians primary care provider under
25
the entity.
S 1057 IS
210
207
1
2
(b) OFFERING
DIAN
OF
MANAGED CARE THROUGH IN-
MEDICAID MANAGED CARE ENTITIES.If
(1) a State elects to provide services through
medicaid managed care entities under its medicaid
managed care program; and
(2) an Indian Health Program or Urban In-
dian Organization that is funded in whole or in part
by the Service, or a consortium thereof, has estab-
lished an Indian medicaid managed care entity in
10
the State that meets generally applicable standards
11
required of such an entity under such medicaid man-
12
aged care program,
13 the State shall offer to enter into an agreement with the

14 entity to serve as a medicaid managed care entity with
15 respect to eligible Indians served by such entity under
16 such program.
17
(c) SPECIAL RULES
FOR
INDIAN MANAGED CARE
18 ENTITIES.The following are special rules regarding the

19 application of a medicaid managed care program to Indian
20 medicaid managed care entities:
21
(1) ENROLLMENT.
22
(A) LIMITATION
TO INDIANS.An
Indian
23
medicaid managed care entity may restrict en-
24
rollment under such program to Indians and to
25
members of specific Tribes in the same manner
S 1057 IS
211
208
1
as Indian Health Programs may restrict the de-
livery of services to such Indians and tribal
members.
(B) NO
LESS CHOICE OF PLANS.Under
such program the State may not limit the
choice of an Indian among medicaid managed
care entities only to Indian medicaid managed
care entities or to be more restrictive than the
choice of managed care entities offered to indi-
10
viduals who are not Indians.
11
(C) DEFAULT
12
(i) IN
ENROLLMENT.
GENERAL.If
such program
13
of a State requires the enrollment of Indi-
14
ans in a medicaid managed care entity in
15
order to receive benefits, the State shall
16
provide for the enrollment of Indians de-
17
scribed in clause (ii) who are not otherwise
18
enrolled with such an entity in an Indian
19
medicaid managed care entity described in
20
such clause.
21
(ii) INDIAN
DESCRIBED.An
Indian
22
described in this clause, with respect to an
23
Indian medicaid managed care entity, is an
24
Indian who, based upon the service area
25
and capacity of the entity, is eligible to be
S 1057 IS
212
209
1
enrolled with the entity consistent with
subparagraph (A).
(D) EXCEPTION
TO STATE LOCK-IN.A
request by an Indian who is enrolled under such
program with a non-Indian medicaid managed
care entity to change enrollment with that en-
tity to enrollment with an Indian medicaid
managed care entity shall be considered cause
for granting such request under procedures
10
specified by the Secretary.
11
(2) FLEXIBILITY
IN APPLICATION OF SOL-
12
VENCY.In
13
cial Security Act to an Indian medicaid managed
14
care entity
applying section 1903(m)(1) of the So-
15
(A) any reference to a State in subpara-
16
graph (A)(ii) of that section shall be deemed to
17
be a reference to the Secretary; and
18
(B) the entity shall be deemed to be a
19
public entity described in subparagraph (C)(ii)
20
of that section.
21
(3) EXCEPTIONS
TO ADVANCE DIRECTIVES.
22
The Secretary may modify or waive the require-
23
ments of section 1902(w) of the Social Security Act
24
(relating to provision of written materials on ad-
25
vance directives) insofar as the Secretary finds that
S 1057 IS
213
210
1
the requirements otherwise imposed are not an ap-
propriate or effective way of communicating the in-
formation to Indians.
4
5
(4) FLEXIBILITY
IN INFORMATION AND MAR-
KETING.
(A) MATERIALS.The Secretary may
modify requirements under section 1932(a)(5)
of the Social Security Act in a manner that im-
proves the materials to take into account the
10
special circumstances of such entities and their
11
enrollees while maintaining and clearly commu-
12
nicating to potential enrollees their rights, pro-
13
tections, and benefits.
14
(B) DISTRIBUTION
OF MARKETING MATE-
15
RIALS.The
16
1932(d)(2)(B) of the Social Security Act re-
17
quiring the distribution of marketing materials
18
to an entire service area shall be deemed satis-
19
fied in the case of an Indian medicaid managed
20
care entity that distributes appropriate mate-
21
rials only to those Indians who are potentially
22
eligible to enroll with the entity in the service
23
area.
24
provisions
of
section
(d) MALPRACTICE INSURANCE.Insofar as, under
25 a medicaid managed care program, a health care provider
S 1057 IS
214
211
1 is required to have medical malpractice insurance coverage
2 as a condition of contracting as a provider with a medicaid
3 managed care entity, an Indian Health Program, or an
4 Urban Indian Organization that is a Federally-qualified
5 health center under title XIX of the Social Security Act,
6 that is covered under the Federal Tort Claims Act (28
7 U.S.C. 1346(b), 2671 et seq.) is deemed to satisfy such
8 requirement.
9
10
(e) DEFINITIONS.For purposes of this section:

(1) MEDICAID
MANAGED CARE ENTITY.The
11
term medicaid managed care entity means a man-
12
aged care entity (whether a managed care organiza-
13
tion or a primary care case manager) under title
14
XIX of the Social Security Act, whether pursuant to
15
section 1903(m) or section 1932 of such Act, a waiv-
16
er under section 1115 or 1915(b) of such Act, or
17
otherwise.
18
(2) INDIAN
MEDICAID MANAGED CARE EN-
19
TITY.The
20
tity means a managed care entity that is controlled
21
(within the meaning of the last sentence of section
22
1903(m)(1)(C) of the Social Security Act) by the In-
23
dian Health Service, a Tribe, Tribal Organization, or
24
Urban Indian Organization (as such terms are de-
25
fined in section 4), or a consortium, which may be
S 1057 IS
term Indian medicaid managed care en-
215
212
1
composed of 1 or more Tribes, Tribal Organizations,
or Urban Indian Organizations, and which also may
include the Service.
(3) NON-INDIAN
MEDICAID MANAGED CARE
ENTITY.The
care entity means a medicaid managed care entity
that is not an Indian medicaid managed care entity.
8
9
(4)
term non-Indian medicaid managed
COVERED
SERVICES.The
MEDICAID
MANAGED
CARE
term covered medicaid managed
10
care services means, with respect to an individual
11
enrolled with a medicaid managed care entity, items
12
and services that are within the scope of items and
13
services for which benefits are available with respect
14
to the individual under the contract between the en-
15
tity and the State involved.
16
(5) MEDICAID
MANAGED CARE PROGRAM.
17
The term medicaid managed care program means
18
a program under sections 1903(m) and 1932 of the
19
Social Security Act and includes a managed care
20
program operating under a waiver under section
21
1915(b) or 1115 of such Act or otherwise.
22
SEC. 414. NAVAJO NATION MEDICAID AGENCY FEASIBIL-
23
24
ITY STUDY.
(a) STUDY.The Secretary shall conduct a study
25 to determine the feasibility of treating the Navajo Nation
S 1057 IS
216
213
1 as a State for the purposes of title XIX of the Social Secu2 rity Act, to provide services to Indians living within the
3 boundaries of the Navajo Nation through an entity estab4 lished having the same authority and performing the same
5 functions as single-State medicaid agencies responsible for
6 the administration of the State plan under title XIX of
7 the Social Security Act.
8
(b) CONSIDERATIONS.In conducting the study,
9 the Secretary shall consider the feasibility of

10
(1) assigning and paying all expenditures for
11
the provision of services and related administration
12
funds, under title XIX of the Social Security Act, to
13
Indians living within the boundaries of the Navajo
14
Nation that are currently paid to or would otherwise
15
be paid to the State of Arizona, New Mexico, or
16
Utah;
17
(2) providing assistance to the Navajo Nation
18
in the development and implementation of such en-
19
tity for the administration, eligibility, payment, and
20
delivery of medical assistance under title XIX of the
21
Social Security Act;
22
(3) providing an appropriate level of matching
23
funds for Federal medical assistance with respect to
24
amounts such entity expends for medical assistance
25
for services and related administrative costs; and
S 1057 IS
217
214
1
(4) authorizing the Secretary, at the option of
the Navajo Nation, to treat the Navajo Nation as a
State for the purposes of title XIX of the Social Se-
curity Act (relating to the State childrens health in-
surance program) under terms equivalent to those
described in paragraphs (2) through (4).
(c) REPORT.Not later then 3 years after the date
8 of enactment of the Indian Health Act Improvement Act

9 Amendments of 2005, the Secretary shall submit to the
10 Committee of Indian Affairs and Committee on Finance
11 of the Senate and the Committee on Resources and Com12 mittee on Ways and Means of the House of Representa13 tives a report that includes
14
(1) the results of the study under this section;
15
(2) a summary of any consultation that oc-
16
curred between the Secretary and the Navajo Na-
17
tion, other Indian Tribes, the States of Arizona,
18
New Mexico, and Utah, counties which include Nav-
19
ajo Lands, and other interested parties, in conduct-
20
ing this study;
21
(3) projected costs or savings associated with
22
establishment of such entity, and any estimated im-
23
pact on services provided as described in this section
24
in relation to probable costs or savings; and
S 1057 IS
218
215
1
(4) legislative actions that would be required
to authorize the establishment of such entity if such
entity is determined by the Secretary to be feasible.
4
5

8
9
10
11
TITLE VHEALTH SERVICES

FOR URBAN INDIANS
SEC. 501. PURPOSE.
The purpose of this title is to establish and maintain
12 programs in Urban Centers to make health services more

13 accessible and available to Urban Indians.
14
SEC. 502. CONTRACTS WITH, AND GRANTS TO, URBAN IN-
15
16
DIAN ORGANIZATIONS.
Under authority of the Act of November 2, 1921

18 the Secretary, acting through the Service, shall enter into
19 contracts with, or make grants to, Urban Indian Organi20 zations to assist such organizations in the establishment
21 and administration, within Urban Centers, of programs
22 which meet the requirements set forth in this title. Subject
23 to section 506, the Secretary, acting through the Service,
24 shall include such conditions as the Secretary considers
25 necessary to effect the purpose of this title in any contract
S 1057 IS
219
216
1 into which the Secretary enters with, or in any grant the
2 Secretary makes to, any Urban Indian Organization pur3 suant to this title.
4
SEC. 503. CONTRACTS AND GRANTS FOR THE PROVISION
OF HEALTH CARE AND REFERRAL SERVICES.
6
7
(a) REQUIREMENTS
TRACTS.Under
FOR
GRANTS
AND
CON-
authority of the Act of November 2,
8 1921 (25 U.S.C. 13) (commonly known as the Snyder

9 Act), the Secretary, acting through the Service, shall
10 enter into contracts with, and make grants to, Urban In11 dian Organizations for the provision of health care and
12 referral services for Urban Indians. Any such contract or
13 grant shall include requirements that the Urban Indian
14 Organization successfully undertake to
15
(1) estimate the population of Urban Indians
16
residing in the Urban Center or centers that the or-
17
ganization proposes to serve who are or could be re-
18
cipients of health care or referral services;
19
(2) estimate the current health status of
20
Urban Indians residing in such Urban Center or
21
centers;
22
(3) estimate the current health care needs of
23
Urban Indians residing in such Urban Center or
24
centers;
S 1057 IS
220
217
1
(4) provide basic health education, including
health promotion and disease prevention education,
to Urban Indians;
(5) make recommendations to the Secretary
and Federal, State, local, and other resource agen-
cies on methods of improving health service pro-
grams to meet the needs of Urban Indians; and
(6) where necessary, provide, or enter into
contracts for the provision of, health care services
10
for Urban Indians.
11
(b) CRITERIA.The Secretary, acting through the
12 Service, shall by regulation adopted pursuant to section

13 520 prescribe the criteria for selecting Urban Indian Or14 ganizations to enter into contracts or receive grants under
15 this section. Such criteria shall, among other factors,
16 include
17
(1) the extent of unmet health care needs of
18
Urban Indians in the Urban Center or centers in-
19
volved;
20
21
(2) the size of the Urban Indian population in

the Urban Center or centers involved;
22
(3) the extent, if any, to which the activities
23
set forth in subsection (a) would duplicate any
24
project funded under this title;
S 1057 IS
221
218
1
(4) the capability of an Urban Indian Organi-
zation to perform the activities set forth in sub-
section (a) and to enter into a contract with the Sec-
retary or to meet the requirements for receiving a
grant under this section;
(5) the satisfactory performance and success-
ful completion by an Urban Indian Organization of
other contracts with the Secretary under this title;
(6) the appropriateness and likely effectiveness
10
of conducting the activities set forth in subsection
11
(a) in an Urban Center or centers; and
12
(7) the extent of existing or likely future par-
13
ticipation in the activities set forth in subsection (a)
14
by appropriate health and health-related Federal,
15
State, local, and other agencies.
16
(c) ACCESS
TO
HEALTH PROMOTION
AND
DISEASE
17 PREVENTION PROGRAMS.The Secretary, acting through

18 the Service, shall facilitate access to or provide health pro19 motion and disease prevention services for Urban Indians
20 through grants made to Urban Indian Organizations ad21 ministering contracts entered into or receiving grants
22 under subsection (a).
23
24
25
(d) IMMUNIZATION SERVICES.

(1) ACCESS
OR SERVICES PROVIDED.The
Secretary, acting through the Service, shall facilitate
S 1057 IS
222
219
1
access to, or provide, immunization services for
Urban Indians through grants made to Urban In-
dian Organizations administering contracts entered
into or receiving grants under this section.
(2) DEFINITION.For purposes of this sub-
section, the term immunization services means
services to provide without charge immunizations
against vaccine-preventable diseases.
(e) BEHAVIORAL HEALTH SERVICES.
10
(1) ACCESS
11
12
access to, or provide, behavioral health services for
13
Urban Indians through grants made to Urban In-
14
dian Organizations administering contracts entered
15
into or receiving grants under subsection (a).
16
(2) ASSESSMENT
REQUIRED.Except
as pro-
17
vided by paragraph (3)(A), a grant may not be made
18
under this subsection to an Urban Indian Organiza-
19
tion until that organization has prepared, and the
20
Service has approved, an assessment of the follow-
21
ing:
22
23
(A) The behavioral health needs of the

Urban Indian population concerned.
S 1057 IS
223
220
1
(B) The behavioral health services and
other related resources available to that popu-
lation.
4
5
(C) The barriers to obtaining those services and resources.
(D) The needs that are unmet by such
services and resources.
(3) PURPOSES
may be
made under this subsection for the following:
10
11
OF GRANTS.Grants
(A) To prepare assessments required

12
(B) To provide outreach, educational, and
13
referral services to Urban Indians regarding the
14
availability of direct behavioral health services,
15
to educate Urban Indians about behavioral
16
health issues and services, and effect coordina-
17
tion with existing behavioral health providers in
18
order to improve services to Urban Indians.
19
(C) To provide outpatient behavioral
20
health services to Urban Indians, including the
21
identification and assessment of illness, thera-
22
peutic treatments, case management, support
23
groups, family treatment, and other treatment.
S 1057 IS
224
221
1
(D) To develop innovative behavioral
health service delivery models which incorporate
Indian cultural support systems and resources.
4
5
(f) PREVENTION OF CHILD ABUSE.

(1) ACCESS
access to or provide services for Urban Indians
through grants to Urban Indian Organizations ad-
ministering contracts entered into or receiving
10
grants under subsection (a) to prevent and treat
11
child abuse (including sexual abuse) among Urban
12
Indians.
13
(2) EVALUATION
REQUIRED.Except
as pro-
14
vided by paragraph (3)(A), a grant may not be made
15
under this subsection to an Urban Indian Organiza-
16
tion until that organization has prepared, and the
17
Service has approved, an assessment that documents
18
the prevalence of child abuse in the Urban Indian
19
population concerned and specifies the services and
20
programs (which may not duplicate existing services
21
and programs) for which the grant is requested.
22
23
(3) PURPOSES
may be
made under this subsection for the following:
24
25
OF GRANTS.Grants
(A) To prepare assessments required

S 1057 IS
225
222
1
(B) For the development of prevention,
training, and education programs for Urban In-
dians, including child education, parent edu-
cation, provider training on identification and
intervention, education on reporting require-
ments, prevention campaigns, and establishing
service networks of all those involved in Indian
child protection.
(C) To provide direct outpatient treat-
10
ment services (including individual treatment,
11
family treatment, group therapy, and support
12
groups) to Urban Indians who are child victims
13
of abuse (including sexual abuse) or adult sur-
14
vivors of child sexual abuse, to the families of
15
such child victims, and to Urban Indian per-
16
petrators of child abuse (including sexual
17
abuse).
18
(4)
19
GRANTS.In
20
section, the Secretary shall take into consideration
21
(A) the support for the Urban Indian Or-
22
ganization demonstrated by the child protection
23
authorities in the area, including committees or
24
other services funded under the Indian Child
S 1057 IS
CONSIDERATIONS
WHEN
MAKING
making grants to carry out this sub-
226
223
1
Welfare Act of 1978 (25 U.S.C. 1901 et seq.),
if any;
(B) the capability and expertise dem-
onstrated by the Urban Indian Organization to
address the complex problem of child sexual
abuse in the community; and
(C) the assessment required under para-
8
9
graph (2).
(g)
OTHER
GRANTS.The
Secretary,
acting
10 through the Service, may enter into a contract with or

11 make grants to an Urban Indian Organization that pro12 vides or arranges for the provision of health care services
13 (through satellite facilities, provider networks, or other14 wise) to Urban Indians in more than 1 Urban Center.
15
SEC. 504. CONTRACTS AND GRANTS FOR THE DETERMINA-
16
17
TION OF UNMET HEALTH CARE NEEDS.
(a) GRANTS
AND
CONTRACTS AUTHORIZED.
18 Under authority of the Act of November 2, 1921 (25

19 U.S.C. 13) (commonly known as the Snyder Act), the
20 Secretary, acting through the Service, may enter into con21 tracts with or make grants to Urban Indian Organizations
22 situated in Urban Centers for which contracts have not
23 been entered into or grants have not been made under sec24 tion 503.
S 1057 IS
227
224
1
(b) PURPOSE.The purpose of a contract or grant
2 made under this section shall be the determination of the

3 matters described in subsection (c)(1) in order to assist
4 the Secretary in assessing the health status and health
5 care needs of Urban Indians in the Urban Center involved
6 and determining whether the Secretary should enter into
7 a contract or make a grant under section 503 with respect
8 to the Urban Indian Organization which the Secretary has
9 entered into a contract with, or made a grant to, under
10 this section.
11
(c) GRANT
AND
CONTRACT REQUIREMENTS.Any
12 contract entered into, or grant made, by the Secretary

13 under this section shall include requirements that
14
15
(1) the Urban Indian Organization successfully undertakes to
16
(A) document the health care status and
17
unmet health care needs of Urban Indians in
18
the Urban Center involved; and
19
(B) with respect to Urban Indians in the
20
Urban Center involved, determine the matters
21
described in paragraphs (2), (3), (4), and (7) of
22
section 503(b); and
23
(2) the Urban Indian Organization complete
24
performance of the contract, or carry out the re-
25
quirements of the grant, within 1 year after the date
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225
1
on which the Secretary and such organization enter
into such contract, or within 1 year after such orga-
nization receives such grant, whichever is applicable.
(d) NO RENEWALS.The Secretary may not renew
5 any contract entered into or grant made under this sec6 tion.
7
8
SEC. 505. EVALUATIONS; RENEWALS.
(a) PROCEDURES
FOR
EVALUATIONS.The Sec-
9 retary, acting through the Service, shall develop proce10 dures to evaluate compliance with grant requirements and
11 compliance with and performance of contracts entered into
12 by Urban Indian Organizations under this title. Such pro13 cedures shall include provisions for carrying out the re14 quirements of this section.
15
(b) EVALUATIONS.The Secretary, acting through
16 the Service, shall evaluate the compliance of each Urban

17 Indian Organization which has entered into a contract or
18 received a grant under section 503 with the terms of such
19 contract or grant. For purposes of this evaluation, in de20 termining the capacity of an Urban Indian Organization
21 to deliver quality patient care the Secretary shall, at the
22 option of the organization
23
24
(1) acting through the Service, conduct an annual onsite evaluation of the organization; or
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1
(2) accept in lieu of such onsite evaluation evi-
dence of the organizations provisional or full accred-
itation by a private independent entity recognized by
the Secretary for purposes of conducting quality re-
views of providers participating in the Medicare pro-
gram under title XVIII of the Social Security Act.
(c) NONCOMPLIANCE; UNSATISFACTORY PERFORM-
ANCE.If,
as a result of the evaluations conducted under
9 this section, the Secretary determines that an Urban In10 dian Organization has not complied with the requirements
11 of a grant or complied with or satisfactorily performed a
12 contract under section 503, the Secretary shall, prior to
13 renewing such contract or grant, attempt to resolve with
14 the organization the areas of noncompliance or unsatisfac15 tory performance and modify the contract or grant to pre16 vent future occurrences of noncompliance or unsatisfac17 tory performance. If the Secretary determines that the
18 noncompliance or unsatisfactory performance cannot be
19 resolved and prevented in the future, the Secretary shall
20 not renew the contract or grant with the organization and
21 is authorized to enter into a contract or make a grant
22 under section 503 with another Urban Indian Organiza23 tion which is situated in the same Urban Center as the
24 Urban Indian Organization whose contract or grant is not
25 renewed under this section.
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1
(d) CONSIDERATIONS
FOR
RENEWALS.In deter-
2 mining whether to renew a contract or grant with an

3 Urban Indian Organization under section 503 which has
4 completed performance of a contract or grant under sec5 tion 504, the Secretary shall review the records of the
6 Urban Indian Organization, the reports submitted under
7 section 507, and shall consider the results of the onsite
8 evaluations or accreditations under subsection (b).
9
SEC. 506. OTHER CONTRACT AND GRANT REQUIREMENTS.
10
(a) PROCUREMENT.Contracts with Urban Indian
11 Organizations entered into pursuant to this title shall be

12 in accordance with all Federal contracting laws and regu13 lations relating to procurement except that in the discre14 tion of the Secretary, such contracts may be negotiated
15 without advertising and need not conform to the provisions
16 of sections 1304 and 3131 through 3133 of title 40,
17 United States Code.
18
(b) PAYMENTS UNDER CONTRACTS
OR
GRANTS.
19 Payments under any contracts or grants pursuant to this

20 title shall, notwithstanding any term or condition of such
21 contract or grant
22
(1) be made in their entirety by the Secretary
23
to the Urban Indian Organization by no later than
24
the end of the first 30 days of the funding period
25
with respect to which the payments apply, unless the
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228
1
Secretary determines through an evaluation under
section 505 that the organization is not capable of
administering such payments in their entirety; and
(2) if any portion thereof is unexpended by the
Urban Indian Organization during the funding pe-
riod with respect to which the payments initially
apply, shall be carried forward for expenditure with
respect to allowable or reimbursable costs incurred
by the organization during 1 or more subsequent
10
funding periods without additional justification or
11
documentation by the organization as a condition of
12
carrying forward the availability for expenditure of
13
such funds.
14
(c) REVISION
OR
AMENDMENT
OF
CONTRACTS.
15 Notwithstanding any provision of law to the contrary, the

16 Secretary may, at the request and consent of an Urban
17 Indian Organization, revise or amend any contract entered
18 into by the Secretary with such organization under this
19 title as necessary to carry out the purposes of this title.
20
21
(d) FAIR
AND
ANCE.Contracts
UNIFORM SERVICES
AND
ASSIST-
with or grants to Urban Indian Organi-
22 zations and regulations adopted pursuant to this title shall

23 include provisions to assure the fair and uniform provision
24 to Urban Indians of services and assistance under such
25 contracts or grants by such organizations.
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229
1
2
SEC. 507. REPORTS AND RECORDS.
(a) REPORTS.For each fiscal year during which
3 an Urban Indian Organization receives or expends funds

4 pursuant to a contract entered into or a grant received
5 pursuant to this title, such Urban Indian Organization
6 shall submit to the Secretary not more frequently than
7 every 6 months, a report that includes the following:
8
(1) In the case of a contract or grant under
section 503, recommendations pursuant to section
10
11
12
13
14
503(a)(5).
(2) Information on activities conducted by the
organization pursuant to the contract or grant.
(3) An accounting of the amounts and purpose
for which Federal funds were expended.
15
(4) A minimum set of data, using uniformly
16
defined elements, as specified by the Secretary after
17
consultation with Urban Indian Organizations.
18
(b) AUDIT.The reports and records of the Urban
19 Indian Organization with respect to a contract or grant

20 under this title shall be subject to audit by the Secretary
21 and the Comptroller General of the United States.
22
(c) COSTS
OF
AUDITS.The Secretary shall allow
23 as a cost of any contract or grant entered into or awarded

24 under section 502 or 503 the cost of an annual independ25 ent financial audit conducted by
26
(1) a certified public accountant; or

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230
1
2
3
4
(2) a certified public accounting firm qualified

to conduct Federal compliance audits.
SEC. 508. LIMITATION ON CONTRACT AUTHORITY.
The authority of the Secretary to enter into con-
5 tracts or to award grants under this title shall be to the

6 extent, and in an amount, provided for in appropriation
7 Acts.
8
9
SEC. 509. FACILITIES.
(a) GRANTS.The Secretary, acting through the
10 Service, may make grants to contractors or grant recipi11 ents under this title for the lease, purchase, renovation,
12 construction, or expansion of facilities, including leased fa13 cilities, in order to assist such contractors or grant recipi14 ents in complying with applicable licensure or certification
15 requirements.
16
(b) LOAN FUND STUDY.The Secretary, acting
17 through the Services, may carry out a study to determine

18 the feasibility of establishing a loan fund to provide to
19 Urban Indian Organizations direct loans or guarantees for
20 loans for the construction of health care facilities in a
21 manner consistent with section 309.
22
23
SEC. 510. OFFICE OF URBAN INDIAN HEALTH.
There is established within the Service an Office of
24 Urban Indian Health, which shall be responsible for

25
(1) carrying out the provisions of this title;
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231
1
(2) providing central oversight of the pro-
grams and services authorized under this title; and
(3) providing technical assistance to Urban In-
4
5
dian Organizations.
SEC. 511. GRANTS FOR ALCOHOL AND SUBSTANCE ABUSE-
6
7
RELATED SERVICES.
8 through the Service, may make grants for the provision

9 of health-related services in prevention of, treatment of,
10 rehabilitation of, or school- and community-based edu11 cation regarding, alcohol and substance abuse in Urban
12 Centers to those Urban Indian Organizations with which
13 the Secretary has entered into a contract under this title
14 or under section 201.
15
(b) GOALS.Each grant made pursuant to sub-
16 section (a) shall set forth the goals to be accomplished

17 pursuant to the grant. The goals shall be specific to each
18 grant as agreed to between the Secretary and the grantee.
19
(c) CRITERIA.The Secretary shall establish cri-
20 teria for the grants made under subsection (a), including

21 criteria relating to the following:
22
(1) The size of the Urban Indian population.
23
(2) Capability of the organization to ade-
24
quately perform the activities required under the
25
grant.
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232
1
(3) Satisfactory performance standards for the
organization in meeting the goals set forth in such
grant. The standards shall be negotiated and agreed
to between the Secretary and the grantee on a
grant-by-grant basis.
(4) Identification of the need for services.
(d) ALLOCATION
OF
GRANTS.The Secretary shall
8 develop a methodology for allocating grants made pursu9 ant to this section based on the criteria established pursu10 ant to subsection (c).
11
(e) GRANTS SUBJECT
TO
CRITERIA.Any funds re-
12 ceived by an Urban Indian Organization under this Act

13 for substance abuse prevention, treatment, and rehabilita14 tion shall be subject to the criteria set forth in subsection
15 (c).
16
SEC. 512. TREATMENT OF CERTAIN DEMONSTRATION
17
18
PROJECTS.
Notwithstanding any other provision of law, the
19 Tulsa Clinic and Oklahoma City Clinic demonstration

20 projects shall
21
22
(1) be permanent programs within the Services direct care program;
23
(2) continue to be treated as Service Units in
24
the allocation of resources and coordination of care;
25
and
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233
1
(3) continue to meet the requirements and
definitions of an urban Indian organization in this
Act, and shall not be subject to the provisions of the
Indian Self-Determination and Education Assistance
Act.
6
7
SEC. 513. URBAN NIAAA TRANSFERRED PROGRAMS.
(a) GRANTS
AND
CONTRACTS.The Secretary,
8 through the Office of Urban Indian Health, shall make

9 grants or enter into contracts with Urban Indian Organi10 zations for the administration of Urban Indian alcohol
11 programs that were originally established under the Na12 tional Institute on Alcoholism and Alcohol Abuse (here13 after in this section referred to as NIAAA) and trans14 ferred to the Service. Such grants and contracts shall be15 come effective no later than September 30, 2008.
16
(b) USE
OF
FUNDS.Grants provided or contracts
17 entered into under this section shall be used to provide

18 support for the continuation of alcohol prevention and
19 treatment services for Urban Indian populations and such
20 other objectives as are agreed upon between the Service
21 and a recipient of a grant or contract under this section.
22
(c) ELIGIBILITY.Urban Indian Organizations that
23 operate Indian alcohol programs originally funded under

24 the NIAAA and subsequently transferred to the Service
25 are eligible for grants or contracts under this section.
S 1057 IS
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234
1
(d) REPORT.The Secretary shall evaluate and re-
2 port to Congress on the activities of programs funded

3 under this section not less than every 5 years.
4
SEC. 514. CONSULTATION WITH URBAN INDIAN ORGANIZA-
5
6
TIONS.
(a) IN GENERAL.The Secretary shall ensure that
7 the Service consults, to the greatest extent practicable,

8 with Urban Indian Organizations.
9
(b) DEFINITION
OF
CONSULTATION.For purposes
10 of subsection (a), consultation is the open and free ex11 change of information and opinions which leads to mutual
12 understanding and comprehension and which emphasizes
13 trust, respect, and shared responsibility.
14
15
SEC. 515. FEDERAL TORT CLAIM ACT COVERAGE.
(a) IN GENERAL.With respect to claims resulting
16 from the performance of functions during fiscal year 2005

17 and thereafter, or claims asserted after September 30,
18 2004, but resulting from the performance of functions
19 prior to fiscal year 2005, under a contract, grant agree20 ment, or any other agreement authorized under this title,
21 an Urban Indian Organization is deemed hereafter to be
22 part of the Service in the Department of Health and
23 Human Services while carrying out any such contract or
24 agreement and its employees are deemed employees of the
25 Service while acting within the scope of their employment
S 1057 IS
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235
1 in carrying out the contract or agreement. After Septem2 ber 30, 2003, any civil action or proceeding involving such
3 claims brought hereafter against any Urban Indian Orga4 nization or any employee of such Urban Indian Organiza5 tion covered by this provision shall be deemed to be an
6 action against the United States and will be defended by
7 the Attorney General and be afforded the full protection
8 and coverage of the Federal Tort Claims Act (28 U.S.C.
9 1346(b), 2671 et seq.). Future coverage under that Act
10 shall be contingent on cooperation of the Urban Indian
11 Organization with the Attorney General in prosecuting
12 past claims.
13
(b) CLAIMS RESULTING FROM PERFORMANCE
14 CONTRACT
OR
OF
GRANT.Beginning for fiscal year 2005
15 and thereafter, the Secretary shall request through annual

16 appropriations funds sufficient to reimburse the Treasury
17 for any claims paid in the prior fiscal year pursuant to
18 the foregoing provisions.
19
SEC. 516. URBAN YOUTH TREATMENT CENTER DEM-
20
ONSTRATION.
21
(a) CONSTRUCTION
AND
OPERATION.The Sec-
22 retary, acting through the Service, through grant or con23 tract, is authorized to fund the construction and operation
24 of at least 2 residential treatment centers in each State
25 described in subsection (b) to demonstrate the provision
S 1057 IS
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236
1 of alcohol and substance abuse treatment services to
2 Urban Indian youth in a culturally competent residential
3 setting.
4
(b) DEFINITION
OF
STATE.A State described in
5 this subsection is a State in which

6
(1) there resides Urban Indian youth with
need for alcohol and substance abuse treatment serv-
ices in a residential setting; and
(2) there is a significant shortage of culturally
10
competent residential treatment services for Urban
11
Indian youth.
12
SEC. 517. USE OF FEDERAL GOVERNMENT FACILITIES AND
13
14
SOURCES OF SUPPLY.
(a) AUTHORIZATION FOR USE.The Secretary, act-
15 ing through the Service, shall allow an Urban Indian Or16 ganization that has entered into a contract or received a
17 grant pursuant to this title, in carrying out such contract
18 or grant, to use existing facilities and all equipment there19 in or pertaining thereto and other personal property
20 owned by the Federal Government within the Secretarys
21 jurisdiction under such terms and conditions as may be
22 agreed upon for their use and maintenance.
23
(b) DONATIONS.Subject to subsection (d), the
24 Secretary may donate to an Urban Indian Organization

25 that has entered into a contract or received a grant pursu-
S 1057 IS
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237
1 ant to this title any personal or real property determined
2 to be excess to the needs of the Service or the General
3 Services Administration for purposes of carrying out the
4 contract or grant.
5
(c) ACQUISITION
OF
PROPERTY
FOR
DONATION.
6 The Secretary may acquire excess or surplus government

7 personal or real property for donation (subject to sub8 section (d)), to an Urban Indian Organization that has
9 entered into a contract or received a grant pursuant to
10 this title if the Secretary determines that the property is
11 appropriate for use by the Urban Indian Organization for
12 a purpose for which a contract or grant is authorized
13 under this title.
14
(d) PRIORITY.In the event that the Secretary re-
15 ceives a request for donation of a specific item of personal

16 or real property described in subsection (b) or (c) from
17 both an Urban Indian Organization and from an Indian
18 Tribe or Tribal Organization, the Secretary shall give pri19 ority to the request for donation of the Indian Tribe or
20 Tribal Organization if the Secretary receives the request
21 from the Indian Tribe or Tribal Organization before the
22 date the Secretary transfers title to the property or, if ear23 lier, the date the Secretary transfers the property phys24 ically to the Urban Indian Organization.
S 1057 IS
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238
1
2
(e) URBAN INDIAN ORGANIZATIONS DEEMED EXECUTIVE
AGENCY
FOR
CERTAIN PURPOSES.For pur-
3 poses of section 501 of title 40, United States Code, (relat4 ing to Federal sources of supply, including lodging provid5 ers, airlines, and other transportation providers), an
6 Urban Indian Organization that has entered into a con7 tract or received a grant pursuant to this title shall be
8 deemed an executive agency when carrying out such con9 tract or grant.
10
SEC. 518. GRANTS FOR DIABETES PREVENTION, TREAT-
11
12
MENT, AND CONTROL.
(a) GRANTS AUTHORIZED.The Secretary may
13 make grants to those Urban Indian Organizations that

14 have entered into a contract or have received a grant
15 under this title for the provision of services for the preven16 tion and treatment of, and control of the complications
17 resulting from, diabetes among Urban Indians.
18
(b) GOALS.Each grant made pursuant to sub-
19 section (a) shall set forth the goals to be accomplished

20 under the grant. The goals shall be specific to each grant
21 as agreed to between the Secretary and the grantee.
22
(c) ESTABLISHMENT
OF
CRITERIA.The Secretary
23 shall establish criteria for the grants made under sub24 section (a) relating to
S 1057 IS
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239
1
2
(1) the size and location of the Urban Indian

population to be served;
(2) the need for prevention of and treatment
of, and control of the complications resulting from,
diabetes among the Urban Indian population to be
served;
(3) performance standards for the organiza-
tion in meeting the goals set forth in such grant
that are negotiated and agreed to by the Secretary
10
and the grantee;
11
(4) the capability of the organization to ade-
12
quately perform the activities required under the
13
grant; and
14
(5) the willingness of the organization to col-
15
laborate with the registry, if any, established by the
16
Secretary under section 204(e) in the Area Office of
17
the Service in which the organization is located.
18
(d) FUNDS SUBJECT
TO
CRITERIA.Any funds re-
19 ceived by an Urban Indian Organization under this Act

20 for the prevention, treatment, and control of diabetes
21 among Urban Indians shall be subject to the criteria devel22 oped by the Secretary under subsection (c).
23
24
SEC. 519. COMMUNITY HEALTH REPRESENTATIVES.
The Secretary, acting through the Service, may
25 enter into contracts with, and make grants to, Urban In-
S 1057 IS
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240
1 dian Organizations for the employment of Indians trained
2 as health service providers through the Community Health
3 Representatives Program under section 109 in the provi4 sion of health care, health promotion, and disease preven5 tion services to Urban Indians.
6
7
SEC. 520. REGULATIONS.
(a) REQUIREMENTS
FOR
REGULATIONS.The Sec-
8 retary may promulgate regulations to implement the provi9 sions of this title in accordance with the following:
10
(1) Proposed regulations to implement this
11
Act shall be published in the Federal Register by the
12
Secretary no later than 9 months after the date of
13
enactment of this Act and shall have no less than a
14
4-month comment period.
15
(2) The authority to promulgate regulations
16
under this Act shall expire 18 months from the date
17
of enactment of this Act.
18
(b) EFFECTIVE DATE OF TITLE.The amendments
19 to this title made by the Indian Health Care Improvement

20 Act Amendments of 2005 shall be effective on the date
21 of enactment of such amendments, regardless of whether
22 the Secretary has promulgated regulations implementing
23 such amendments have been promulgated.
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241
1
2
SEC. 521. ELIGIBILITY FOR SERVICES.
Urban Indians shall be eligible and the ultimate
3 beneficiaries for health care or referral services provided

4 pursuant to this title.
5
6

10
TITLE VIORGANIZATIONAL
IMPROVEMENTS
11
SEC. 601. ESTABLISHMENT OF THE INDIAN HEALTH SERV-
12
ICE AS AN AGENCY OF THE PUBLIC HEALTH
13
SERVICE.
14
(a) ESTABLISHMENT.
15
(1) IN
GENERAL.In
order to more effectively
16
and efficiently carry out the responsibilities, authori-
17
ties, and functions of the United States to provide
18
health care services to Indians and Indian Tribes, as
19
are or may be hereafter provided by Federal statute
20
or treaties, there is established within the Public
21
Health Service of the Department the Indian Health
22
Service.
23
(2)
ASSISTANT
SECRETARY
OF
INDIAN
24
HEALTH.The
25
Assistant Secretary of Indian Health, who shall be
26
appointed by the President, by and with the advice

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Service shall be administered by an
245
242
1
and consent of the Senate. The Assistant Secretary
shall report to the Secretary. Effective with respect
to an individual appointed by the President, by and
with the advice and consent of the Senate, after
January 1, 2005, the term of service of the Assist-
ant Secretary shall be 4 years. An Assistant Sec-
retary may serve more than 1 term.
(3) INCUMBENT.The individual serving in
the position of Director of the Indian Health Service
10
on the day before the date of enactment of the In-
11
dian Health Care Improvement Act Amendments of
12
2005 shall serve as Assistant Secretary.
13
(4) ADVOCACY
AND CONSULTATION.The
po-
14
sition of Assistant Secretary is established to, in a
15
manner consistent with the government-to-govern-
16
ment relationship between the United States and In-
17
dian Tribes
18
19
(A) facilitate advocacy for the development of appropriate Indian health policy; and
20
21
22
(B) promote consultation on matters relating to Indian health.

(b) AGENCY.The Service shall be an agency within
23 the Public Health Service of the Department, and shall

24 not be an office, component, or unit of any other agency
25 of the Department.
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243
1
(c) DUTIES.The Assistant Secretary of Indian
2 Health shall
3
(1) perform all functions that were, on the day
before the date of enactment of the Indian Health
Care Improvement Act Amendments of 2005, car-
ried out by or under the direction of the individual
serving as Director of the Service on that day;
(2) perform all functions of the Secretary re-
lating to the maintenance and operation of hospital
10
and health facilities for Indians and the planning
11
for, and provision and utilization of, health services
12
for Indians;
13
(3) administer all health programs under
14
which health care is provided to Indians based upon
15
their status as Indians which are administered by
16
the Secretary, including programs under
17
(A) this Act;
18
(B) the Act of November 2, 1921 (25
19
U.S.C. 13);
20
21
(C) the Act of August 5, 1954 (42 U.S.C.

2001 et seq.);
22
23
(D) the Act of August 16, 1957 (42

U.S.C. 2005 et seq.); and
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244
1
(E) the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450 et
seq.);
(4) administer all scholarship and loan func-
tions carried out under title I;
(5) report directly to the Secretary concerning
all policy- and budget-related matters affecting In-
dian health;
(6) collaborate with the Assistant Secretary
10
for Health concerning appropriate matters of Indian
11
health that affect the agencies of the Public Health
12
Service;
13
(7) advise each Assistant Secretary of the De-
14
partment concerning matters of Indian health with
15
respect to which that Assistant Secretary has au-
16
thority and responsibility;
17
(8) advise the heads of other agencies and pro-
18
grams of the Department concerning matters of In-
19
dian health with respect to which those heads have
20
authority and responsibility;
21
22
23
(9) coordinate the activities of the Department

concerning matters of Indian health; and
(10) perform such other functions as the Sec-
24
retary may designate.
25
(d) AUTHORITY.
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248
245
1
(1) IN
GENERAL.The
Secretary, acting
through the Assistant Secretary, shall have the
authority
(A) except to the extent provided for in
paragraph (2), to appoint and compensate em-
ployees for the Service in accordance with title
5, United States Code;
(B) to enter into contracts for the pro-
curement of goods and services to carry out the
10
functions of the Service; and
11
(C) to manage, expend, and obligate all
12
funds appropriated for the Service.
13
(2) PERSONNEL
ACTIONS.Notwithstanding
14
any other provision of law, the provisions of section
15
12 of the Act of June 18, 1934 (48 Stat. 986; 25
16
U.S.C. 472), shall apply to all personnel actions
17
taken with respect to new positions created within
18
the Service as a result of its establishment under
19
subsection (a).
20
(e) REFERENCES.Any reference to the Director of
21 the Indian Health Service in any other Federal law, Exec22 utive order, rule, regulation, or delegation of authority, or
23 in any document of or relating to the Director of the In24 dian Health Service, shall be deemed to refer to the Assist25 ant Secretary.
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246
1
SEC. 602. AUTOMATED MANAGEMENT INFORMATION SYS-
2
3
4
TEM.
(a) ESTABLISHMENT.
(1) IN
GENERAL.The
Secretary shall estab-
lish an automated management information system
for the Service.
(2) REQUIREMENTS
OF SYSTEM.The
infor-
mation system established under paragraph (1) shall
include
10
(A) a financial management system;
11
(B) a patient care information system for
12
each area served by the Service;
13
(C) a privacy component that protects the
14
privacy of patient information held by, or on be-
15
half of, the Service;
16
(D) a services-based cost accounting com-
17
ponent that provides estimates of the costs as-
18
sociated with the provision of specific medical
19
treatments or services in each Area office of the
20
Service;
21
22
(E) an interface mechanism for patient

billing and accounts receivable system; and
23
24
25
(F) a training component.

(b) PROVISION
NIZATIONS.The
S 1057 IS
OF
SYSTEMS
TO
TRIBES
AND
ORGA-
Secretary shall provide each Tribal
250
247
1 Health Program automated management information sys2 tems which
3
(1) meet the management information needs
of such Tribal Health Program with respect to the
treatment by the Tribal Health Program of patients
of the Service; and
(2) meet the management information needs
of the Service.
(c) ACCESS
TO
RECORDS.Notwithstanding any
10 other provision of law, each patient shall have reasonable

11 access to the medical or health records of such patient
12 which are held by, or on behalf of, the Service.
13
14
(d) AUTHORITY TO ENHANCE INFORMATION TECHNOLOGY.The
Secretary, acting through the Assistant
15 Secretary, shall have the authority to enter into contracts,

16 agreements, or joint ventures with other Federal agencies,
17 States, private and nonprofit organizations, for the pur18 pose of enhancing information technology in Indian health
19 programs and facilities.
20
21
There is authorized to be appropriated such sums

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248
TITLE VIIBEHAVIORAL
HEALTH PROGRAMS
SEC. 701. BEHAVIORAL HEALTH PREVENTION AND TREAT-
4
5
MENT SERVICES.
(a) PURPOSES.The purposes of this section are as
6 follows:
7
(1) To authorize and direct the Secretary, act-
ing through the Service, Indian Tribes, Tribal Orga-
nizations, and Urban Indian Organizations, to de-
10
velop a comprehensive behavioral health prevention
11
and treatment program which emphasizes collabora-
12
tion among alcohol and substance abuse, social serv-
13
ices, and mental health programs.
14
(2) To provide information, direction, and
15
guidance relating to mental illness and dysfunction
16
and self-destructive behavior, including child abuse
17
and family violence, to those Federal, tribal, State,
18
and local agencies responsible for programs in In-
19
dian communities in areas of health care, education,
20
social services, child and family welfare, alcohol and
21
substance abuse, law enforcement, and judicial serv-
22
ices.
23
(3) To assist Indian Tribes to identify services
24
and resources available to address mental illness and
25
dysfunctional and self-destructive behavior.

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249
1
(4) To provide authority and opportunities for
Indian Tribes and Tribal Organizations to develop,
implement, and coordinate with community-based
programs which include identification, prevention,
education, referral, and treatment services, including
through multidisciplinary resource teams.
(5) To ensure that Indians, as citizens of the
United States and of the States in which they re-
side, have the same access to behavioral health serv-
10
ices to which all citizens have access.
11
(6) To modify or supplement existing pro-
12
grams and authorities in the areas identified in
13
paragraph (2).
14
(b) PLANS.
15
(1) DEVELOPMENT.The Secretary, acting
16
through the Service, Indian Tribes, Tribal Organiza-
17
tions, and Urban Indian Organizations, shall encour-
18
age Indian Tribes and Tribal Organizations to de-
19
velop tribal plans, and Urban Indian Organizations
20
to develop local plans, and for all such groups to
21
participate in developing areawide plans for Indian
22
Behavioral Health Services. The plans shall include,
23
to the extent feasible, the following components:
24
(A) An assessment of the scope of alcohol
25
or other substance abuse, mental illness, and
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250
1
dysfunctional and self-destructive behavior, in-
cluding suicide, child abuse, and family vio-
lence, among Indians, including
(i) the number of Indians served who
are directly or indirectly affected by such
illness or behavior; or
(ii) an estimate of the financial and
human cost attributable to such illness or
behavior.
10
(B) An assessment of the existing and
11
additional resources necessary for the preven-
12
tion and treatment of such illness and behavior,
13
including an assessment of the progress toward
14
achieving the availability of the full continuum
15
of care described in subsection (c).
16
(C) An estimate of the additional funding
17
needed by the Service, Indian Tribes, Tribal
18
Organizations, and Urban Indian Organizations
19
to meet their responsibilities under the plans.
20
(2) NATIONAL
CLEARINGHOUSE.The
Sec-
21
retary, acting through the Service, shall establish a
22
national clearinghouse of plans and reports on the
23
outcomes of such plans developed by Indian Tribes,
24
Tribal Organizations, Urban Indian Organizations,
25
and Service Areas relating to behavioral health. The
S 1057 IS
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251
1
Secretary shall ensure access to these plans and out-
comes by any Indian Tribe, Tribal Organization,
Urban Indian Organization, or the Service.
(3) TECHNICAL
ASSISTANCE.The
Secretary
shall provide technical assistance to Indian Tribes,
tions in preparation of plans under this section and
in developing standards of care that may be used
and adopted locally.
10
(c) PROGRAMS.The Secretary, acting through the
11 Service, Indian Tribes, and Tribal Organizations, shall

12 provide, to the extent feasible and if funding is available,
13 programs including the following:
14
(1) COMPREHENSIVE
15
continuum
16
provides
17
of
CARE.A
behavioral
health
comprehensive
care
which
(A) community-based prevention, inter-
18
vention,
19
aftercare;
outpatient,
and
behavioral
health
20
(B) detoxification (social and medical);
21
(C) acute hospitalization;
22
(D) intensive outpatient/day treatment;
23
(E) residential treatment;
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252
1
(F) transitional living for those needing a
temporary, stable living environment that is
supportive of treatment and recovery goals;
(G) emergency shelter;
(H) intensive case management;
(I) Traditional Health Care Practices;
and
8
9
(J) diagnostic services.

(2) CHILD
CARE.Behavioral
health services
10
for Indians from birth through age 17, including
11
(A) preschool and school age fetal alcohol
12
disorder services, including assessment and be-
13
havioral intervention;
14
(B) mental health and substance abuse
15
services (emotional, organic, alcohol, drug, in-
16
halant, and tobacco);
17
18
(C) identification and treatment of co-occurring disorders and comorbidity;
19
20
(D) prevention of alcohol, drug, inhalant,

and tobacco use;
21
22
(E) early intervention, treatment, and

aftercare;
23
24
(F) promotion of healthy approaches to

risk and safety issues; and
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253
1
(G) identification and treatment of ne-
glect and physical, mental, and sexual abuse.
(3) ADULT
health services
for Indians from age 18 through 55, including
5
6
CARE.Behavioral
(A) early intervention, treatment, and

aftercare;
services (emotional, alcohol, drug, inhalant, and
tobacco), including sex specific services;
10
(C) identification and treatment of co-oc-
11
curring disorders (dual diagnosis) and co-
12
morbidity;
13
14
(D) promotion of healthy approaches for

risk-related behavior;
15
(E) treatment services for women at risk
16
of giving birth to a child with a fetal alcohol
17
disorder; and
18
(F) sex specific treatment for sexual as-
19
sault and domestic violence.
20
(4) FAMILY
21

aftercare for affected families;
24
25
health services
for families, including
22
23
CARE.Behavioral
(B) treatment for sexual assault and domestic violence; and
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254
1
(C) promotion of healthy approaches re-
lating to parenting, domestic violence, and other
abuse issues.
(5) ELDER
CARE.Behavioral
health services
for Indians 56 years of age and older, including
aftercare;
services (emotional, alcohol, drug, inhalant, and
10
tobacco), including sex specific services;
11
(C) identification and treatment of co-oc-
12
curring disorders (dual diagnosis) and co-
13
morbidity;
14
15
(D) promotion of healthy approaches to

managing conditions related to aging;
16
(E) sex specific treatment for sexual as-
17
sault, domestic violence, neglect, physical and
18
mental abuse and exploitation; and
19
20
21
(F) identification and treatment of dementias regardless of cause.

(d) COMMUNITY BEHAVIORAL HEALTH PLAN.
22
(1) ESTABLISHMENT.The governing body of
23
any Indian Tribe, Tribal Organization, or Urban In-
24
dian Organization may adopt a resolution for the es-
25
tablishment of a community behavioral health plan
S 1057 IS
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255
1
providing for the identification and coordination of
available resources and programs to identify, pre-
vent, or treat substance abuse, mental illness, or
dysfunctional and self-destructive behavior, including
child abuse and family violence, among its members
or its service population. This plan should include
behavioral health services, social services, intensive
outpatient services, and continuing aftercare.
(2) TECHNICAL
ASSISTANCE.At
the request
10
of an Indian Tribe, Tribal Organization, or Urban
11
Indian Organization, the Bureau of Indian Affairs
12
and the Service shall cooperate with and provide
13
technical assistance to the Indian Tribe, Tribal Or-
14
ganization, or Urban Indian Organization in the de-
15
velopment and implementation of such plan.
16
(3) FUNDING.The Secretary, acting through
17
the Service, may make funding available to Indian
18
Tribes and Tribal Organizations which adopt a reso-
19
lution pursuant to paragraph (1) to obtain technical
20
assistance for the development of a community be-
21
havioral health plan and to provide administrative
22
support in the implementation of such plan.
23
(e) COORDINATION
24
ICES.The
FOR
AVAILABILITY
OF
SERV-
Secretary, acting through the Service, Indian
25 Tribes, Tribal Organizations, and Urban Indian Organiza-
S 1057 IS
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256
1 tions, shall coordinate behavioral health planning, to the
2 extent feasible, with other Federal agencies and with State
3 agencies, to encourage comprehensive behavioral health
4 services for Indians regardless of their place of residence.
5
(f) MENTAL HEALTH CARE NEED ASSESSMENT.
6 Not later than 1 year after the date of enactment of the

7 Indian Health Care Improvement Act Amendments of
8 2005, the Secretary, acting through the Service, shall
9 make an assessment of the need for inpatient mental
10 health care among Indians and the availability and cost
11 of inpatient mental health facilities which can meet such
12 need. In making such assessment, the Secretary shall con13 sider the possible conversion of existing, underused Service
14 hospital beds into psychiatric units to meet such need.
15
SEC. 702. MEMORANDA OF AGREEMENT WITH THE DE-
16
17
PARTMENT OF THE INTERIOR.
(a) CONTENTS.Not later than 12 months after the

19 Act Amendments of 2005, the Secretary, acting through
20 the Service, and the Secretary of the Interior shall develop
21 and enter into a memoranda of agreement, or review and
22 update any existing memoranda of agreement, as required
23 by section 4205 of the Indian Alcohol and Substance
24 Abuse Prevention and Treatment Act of 1986 (25 U.S.C.
25 2411) under which the Secretaries address the following:
S 1057 IS
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257
1
(1) The scope and nature of mental illness and
dysfunctional and self-destructive behavior, including
child abuse and family violence, among Indians.
(2) The existing Federal, tribal, State, local,
and private services, resources, and programs avail-
able to provide behavioral health services for Indi-
ans.
(3) The unmet need for additional services, re-
sources, and programs necessary to meet the needs
10
identified pursuant to paragraph (1).
11
(4)(A) The right of Indians, as citizens of the
12
United States and of the States in which they re-
13
side, to have access to behavioral health services to
14
which all citizens have access.
15
16
17
18
(B) The right of Indians to participate in, and

receive the benefit of, such services.
(C) The actions necessary to protect the exercise of such right.
19
(5) The responsibilities of the Bureau of In-
20
dian Affairs and the Service, including mental illness
21
identification, prevention, education, referral, and
22
treatment services (including services through multi-
23
disciplinary resource teams), at the central, area,
24
and agency and Service Unit, Service Area, and
S 1057 IS
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258
1
headquarters levels to address the problems identi-
fied in paragraph (1).
(6) A strategy for the comprehensive coordina-
tion of the behavioral health services provided by the
Bureau of Indian Affairs and the Service to meet
the problems identified pursuant to paragraph (1),
including
(A) the coordination of alcohol and sub-
stance abuse programs of the Service, the Bu-
10
reau of Indian Affairs, and Indian Tribes and
11
Tribal Organizations (developed under the In-
12
dian Alcohol and Substance Abuse Prevention
13
and Treatment Act of 1986) with behavioral
14
health initiatives pursuant to this Act, particu-
15
larly with respect to the referral and treatment
16
of dually diagnosed individuals requiring behav-
17
ioral health and substance abuse treatment; and
18
(B) ensuring that the Bureau of Indian
19
Affairs and Service programs and services (in-
20
cluding multidisciplinary resource teams) ad-
21
dressing child abuse and family violence are co-
22
ordinated with such non-Federal programs and
23
services.
24
(7) Directing appropriate officials of the Bu-
25
reau of Indian Affairs and the Service, particularly
S 1057 IS
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259
1
at the agency and Service Unit levels, to cooperate
fully with tribal requests made pursuant to commu-
nity behavioral health plans adopted under section
701(c) and section 4206 of the Indian Alcohol and
Substance Abuse Prevention and Treatment Act of
1986 (25 U.S.C. 2412).
(8) Providing for an annual review of such
agreement by the Secretaries which shall be provided
to Congress and Indian Tribes and Tribal Organiza-
10
tions.
11
(b) SPECIFIC PROVISIONS REQUIRED.The memo-
12 randa of agreement updated or entered into pursuant to

13 subsection (a) shall include specific provisions pursuant to
14 which the Service shall assume responsibility for
15
(1) the determination of the scope of the prob-
16
lem of alcohol and substance abuse among Indians,
17
including the number of Indians within the jurisdic-
18
tion of the Service who are directly or indirectly af-
19
fected by alcohol and substance abuse and the finan-
20
cial and human cost;
21
(2) an assessment of the existing and needed
22
resources necessary for the prevention of alcohol and
23
substance abuse and the treatment of Indians af-
24
fected by alcohol and substance abuse; and
S 1057 IS
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260
1
(3) an estimate of the funding necessary to
adequately support a program of prevention of alco-
hol and substance abuse and treatment of Indians
affected by alcohol and substance abuse.
(c) CONSULTATION.The Secretary, acting through
6 the Service, and the Secretary of the Interior shall, in de7 veloping the memoranda of agreement under subsection
8 (a), consult with and solicit the comments from
9
(1) Indian Tribes and Tribal Organizations;
10
(2) Indians;
11
(3) Urban Indian Organizations and other In-
12
13
14
dian organizations; and

(4) behavioral health service providers.
(d) PUBLICATION.Each memorandum of agree-
15 ment entered into or renewed (and amendments or modi16 fications thereto) under subsection (a) shall be published
17 in the Federal Register. At the same time as publication
18 in the Federal Register, the Secretary shall provide a copy
19 of such memoranda, amendment, or modification to each
20 Indian Tribe, Tribal Organization, and Urban Indian Or21 ganization.
22
SEC. 703. COMPREHENSIVE BEHAVIORAL HEALTH PRE-
23
24
VENTION AND TREATMENT PROGRAM.
(a) ESTABLISHMENT.
S 1057 IS
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261
1
(1) IN
GENERAL.The
Secretary, acting
through the Service, Indian Tribes, and Tribal Orga-
nizations, shall provide a program of comprehensive
behavioral
aftercare, including Traditional Health Care Prac-
tices, which shall include
7
8
health,
prevention,
treatment,
and
(A) prevention, through educational intervention, in Indian communities;
(B) acute detoxification, psychiatric hos-
10
pitalization, residential, and intensive outpatient
11
treatment;
12
13
(C) community-based rehabilitation and

aftercare;
14
(D) community education and involve-
15
ment, including extensive training of health
16
care, educational, and community-based person-
17
nel;
18
(E) specialized residential treatment pro-
19
grams for high-risk populations, including preg-
20
nant and postpartum women and their children;
21
and
22
23
(F) diagnostic services.

(2) TARGET
POPULATIONS.The
target popu-
24
lation of such programs shall be members of Indian
25
Tribes. Efforts to train and educate key members of
S 1057 IS
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262
1
the Indian community shall also target employees of
health, education, judicial, law enforcement, legal,
and social service programs.
(b) CONTRACT HEALTH SERVICES.
(1) IN
GENERAL.The
Secretary, acting
nizations, may enter into contracts with public or
private providers of behavioral health treatment
services for the purpose of carrying out the program
10
11
required under subsection (a).

(2) PROVISION
OF ASSISTANCE.In
carrying
12
out this subsection, the Secretary shall provide as-
13
sistance to Indian Tribes and Tribal Organizations
14
to develop criteria for the certification of behavioral
15
health service providers and accreditation of service
16
facilities which meet minimum standards for such
17
services and facilities.
18
19
SEC. 704. MENTAL HEALTH TECHNICIAN PROGRAM.
(a) IN GENERAL.Under the authority of the Act

21 as the Snyder Act), the Secretary shall establish and
22 maintain a mental health technician program within the
23 Service which
24
25
(1) provides for the training of Indians as

mental health technicians; and
S 1057 IS
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263
1
(2) employs such technicians in the provision
of community-based mental health care that includes
identification, prevention, education, referral, and
treatment services.
(b) PARAPROFESSIONAL TRAINING.In carrying
6 out subsection (a), the Secretary, acting through the Serv7 ice, Indian Tribes, and Tribal Organizations, shall provide
8 high-standard paraprofessional training in mental health
9 care necessary to provide quality care to the Indian com10 munities to be served. Such training shall be based upon
11 a curriculum developed or approved by the Secretary
12 which combines education in the theory of mental health
13 care with supervised practical experience in the provision
14 of such care.
15
16
(c) SUPERVISION
CIANS.The
AND
EVALUATION
OF
TECHNI-
Secretary, acting through the Service, Indian
17 Tribes, and Tribal Organizations, shall supervise and

18 evaluate the mental health technicians in the training pro19 gram.
20
(d) TRADITIONAL HEALTH CARE PRACTICES.The
21 Secretary, acting through the Service, shall ensure that

22 the program established pursuant to this subsection in23 volves the use and promotion of the Traditional Health
24 Care Practices of the Indian Tribes to be served.
S 1057 IS
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264
1
SEC.
705.
2
3
LICENSING
REQUIREMENT
FOR
MENTAL
HEALTH CARE WORKERS.
Subject to the provisions of section 221, any person
4 employed as a psychologist, social worker, or marriage and

5 family therapist for the purpose of providing mental health
6 care services to Indians in a clinical setting under this Act
7 is required to be licensed as a clinical psychologist, social
8 worker, or marriage and family therapist, respectively, or
9 working under the direct supervision of a licensed clinical
10 psychologist, social worker, or marriage and family thera11 pist, respectively.
12
13
SEC. 706. INDIAN WOMEN TREATMENT PROGRAMS.
(a) FUNDING.The Secretary, consistent with sec-
14 tion 701, shall make funds available to Indian Tribes,

15 Tribal Organizations, and Urban Indian Organizations to
16 develop and implement a comprehensive behavioral health
17 program of prevention, intervention, treatment, and re18 lapse prevention services that specifically addresses the
19 spiritual, cultural, historical, social, and child care needs
20 of Indian women, regardless of age.
21
(b) USE
OF
FUNDS.Funds made available pursu-
22 ant to this section may be used to

23
(1) develop and provide community training,
24
education, and prevention programs for Indian
25
women relating to behavioral health issues, including
26
fetal alcohol disorders;

S 1057 IS
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265
1
(2) identify and provide psychological services,
counseling, advocacy, support, and relapse preven-
tion to Indian women and their families; and
(3) develop prevention and intervention models
for Indian women which incorporate Traditional
Health Care Practices, cultural values, and commu-
nity and family involvement.
(c) CRITERIA.The Secretary, in consultation with
9 Indian Tribes and Tribal Organizations, shall establish

10 criteria for the review and approval of applications and
11 proposals for funding under this section.
12
(d) EARMARK
OF
CERTAIN FUNDS.Twenty per-
13 cent of the funds appropriated pursuant to this section

14 shall be used to make grants to Urban Indian Organiza15 tions.
16
17
SEC. 707. INDIAN YOUTH PROGRAM.
(a) DETOXIFICATION
AND
REHABILITATION.The
18 Secretary, acting through the Service, consistent with sec19 tion 701, shall develop and implement a program for acute
20 detoxification and treatment for Indian youths, including
21 behavioral health services. The program shall include re22 gional treatment centers designed to include detoxification
23 and rehabilitation for both sexes on a referral basis and
24 programs developed and implemented by Indian Tribes or
25 Tribal Organizations at the local level under the Indian
S 1057 IS
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266
1 Self-Determination and Education Assistance Act. Re2 gional centers shall be integrated with the intake and re3 habilitation programs based in the referring Indian com4 munity.
5
(b) ALCOHOL
AND
SUBSTANCE ABUSE TREATMENT
6 CENTERS OR FACILITIES.
7
(1) ESTABLISHMENT.
(A) IN
GENERAL.The
Secretary, acting
through the Service, Indian Tribes, and Tribal
10
Organizations, shall construct, renovate, or, as
11
necessary, purchase, and appropriately staff
12
and operate, at least 1 youth regional treatment
13
center or treatment network in each area under
14
the jurisdiction of an Area Office.
15
(B) AREA
OFFICE IN CALIFORNIA.For
16
the purposes of this subsection, the Area Office
17
in California shall be considered to be 2 Area
18
Offices, 1 office whose jurisdiction shall be con-
19
sidered to encompass the northern area of the
20
State of California, and 1 office whose jurisdic-
21
tion shall be considered to encompass the re-
22
mainder of the State of California for the pur-
23
pose of implementing California treatment net-
24
works.
S 1057 IS
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267
1
(2) FUNDING.For the purpose of staffing
and operating such centers or facilities, funding
shall be pursuant to the Act of November 2, 1921
(25 U.S.C. 13).
(3) LOCATION.A youth treatment center
constructed or purchased under this subsection shall
be constructed or purchased at a location within the
area described in paragraph (1) agreed upon (by ap-
propriate tribal resolution) by a majority of the In-
10
11
dian Tribes to be served by such center.

(4) SPECIFIC
12
(A) IN
PROVISION OF FUNDS.
GENERAL.Notwithstanding
any
13
other provision of this title, the Secretary may,
14
from amounts authorized to be appropriated for
15
the purposes of carrying out this section, make
16
funds available to
17
(i) the Tanana Chiefs Conference,
18
Incorporated, for the purpose of leasing,
19
constructing, renovating, operating, and
20
maintaining a residential youth treatment
21
facility in Fairbanks, Alaska; and
22
(ii) the Southeast Alaska Regional
23
Health Corporation to staff and operate a
24
residential youth treatment facility without
25
regard to the proviso set forth in section
S 1057 IS
271
268
1
4(l) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C.
450b(l)).
(B) PROVISION
OF SERVICES TO ELIGI-
BLE
youth treatment facilities are established in
Alaska pursuant to this section, the facilities
specified in subparagraph (A) shall make every
effort to provide services to all eligible Indian
10
11
YOUTHS.Until
additional
residential
youths residing in Alaska.

(c)
INTERMEDIATE
ADOLESCENT
BEHAVIORAL
12 HEALTH SERVICES.
13
(1) IN
GENERAL.The
Secretary, acting
14
15
nizations,
16
health services, which may incorporate Traditional
17
Health Care Practices, to Indian children and ado-
18
lescents, including
may
provide
intermediate
behavioral
19
(A) pretreatment assistance;
20
(B) inpatient, outpatient, and aftercare
21
services;
22
(C) emergency care;
23
(D) suicide prevention and crisis interven-
24
tion; and
S 1057 IS
272
269
1
(E) prevention and treatment of mental
illness and dysfunctional and self-destructive
behavior, including child abuse and family vio-
lence.
(2) USE
OF FUNDS.Funds
provided under
this subsection may be used
(A) to construct or renovate an existing
health facility to provide intermediate behav-
ioral health services;
10
11
(B) to hire behavioral health professionals;
12
(C) to staff, operate, and maintain an in-
13
termediate mental health facility, group home,
14
sober housing, transitional housing or similar
15
facilities, or youth shelter where intermediate
16
behavioral health services are being provided;
17
(D) to make renovations and hire appro-
18
priate staff to convert existing hospital beds
19
into adolescent psychiatric units; and
20
(E) for intensive home- and community-
21
based services.
22
(3) CRITERIA.The Secretary, acting through
23
the Service, shall, in consultation with Indian Tribes
24
and Tribal Organizations, establish criteria for the
S 1057 IS
273
270
1
review and approval of applications or proposals for
funding made available pursuant to this subsection.
(d) FEDERALLY OWNED STRUCTURES.
(1) IN
GENERAL.The
Secretary, in consulta-
tion with Indian Tribes and Tribal Organizations,
shall
(A) identify and use, where appropriate,
federally owned structures suitable for local res-
idential or regional behavioral health treatment
10
for Indian youths; and
11
(B) establish guidelines, in consultation
12
with Indian Tribes and Tribal Organizations,
13
for determining the suitability of any such fed-
14
erally owned structure to be used for local resi-
15
dential or regional behavioral health treatment
16
for Indian youths.
17
(2) TERMS
AND CONDITIONS FOR USE OF
18
STRUCTURE.Any
19
(1) may be used under such terms and conditions as
20
may be agreed upon by the Secretary and the agency
21
having responsibility for the structure and any In-
22
dian Tribe or Tribal Organization operating the pro-
23
gram.
24
(e) REHABILITATION AND AFTERCARE SERVICES.
S 1057 IS
structure described in paragraph
274
271
1
(1) IN
GENERAL.The
Secretary, Indian
Tribes, or Tribal Organizations, in cooperation with
the Secretary of the Interior, shall develop and im-
plement within each Service Unit, community-based
rehabilitation and follow-up services for Indian
youths who are having significant behavioral health
problems, and require long-term treatment, commu-
nity reintegration, and monitoring to support the In-
dian youths after their return to their home commu-
10
nity.
11
(2) ADMINISTRATION.Services under para-
12
graph (1) shall be provided by trained staff within
13
the community who can assist the Indian youths in
14
their continuing development of self-image, positive
15
problem-solving skills, and nonalcohol or substance
16
abusing behaviors. Such staff may include alcohol
17
and substance abuse counselors, mental health pro-
18
fessionals, and other health professionals and para-
19
professionals, including community health represent-
20
atives.
21
(f) INCLUSION
OF
FAMILY
IN
YOUTH TREATMENT
22 PROGRAM.In providing the treatment and other services

23 to Indian youths authorized by this section, the Secretary,
24 acting through the Service, Indian Tribes, and Tribal Or25 ganizations, shall provide for the inclusion of family mem-
S 1057 IS
275
272
1 bers of such youths in the treatment programs or other
2 services as may be appropriate. Not less than 10 percent
3 of the funds appropriated for the purposes of carrying out
4 subsection (e) shall be used for outpatient care of adult
5 family members related to the treatment of an Indian
6 youth under that subsection.
7
(g) MULTIDRUG ABUSE PROGRAM.The Secretary,
8 acting through the Service, Indian Tribes, Tribal Organi9 zations, and Urban Indian Organizations, shall provide,
10 consistent with section 701, programs and services to pre11 vent and treat the abuse of multiple forms of substances,
12 including alcohol, drugs, inhalants, and tobacco, among
13 Indian youths residing in Indian communities, on or near
14 reservations, and in urban areas and provide appropriate
15 mental health services to address the incidence of mental
16 illness among such youths.
17
SEC. 708. INPATIENT AND COMMUNITY-BASED MENTAL
18
HEALTH
19
TION, AND STAFFING.
20
FACILITIES
DESIGN,
CONSTRUC-
Not later than 1 year after the date of enactment

22 of 2005, the Secretary, acting through the Service, Indian
23 Tribes, and Tribal Organizations, may provide, in each
24 area of the Service, not less than 1 inpatient mental health
25 care facility, or the equivalent, for Indians with behavioral
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1 health problems. For the purposes of this subsection, Cali2 fornia shall be considered to be 2 Area Offices, 1 office
3 whose location shall be considered to encompass the north4 ern area of the State of California and 1 office whose ju5 risdiction shall be considered to encompass the remainder
6 of the State of California. The Secretary shall consider
7 the possible conversion of existing, underused Service hos8 pital beds into psychiatric units to meet such need.
9
10
SEC. 709. TRAINING AND COMMUNITY EDUCATION.
(a) PROGRAM.The Secretary, in cooperation with
11 the Secretary of the Interior, shall develop and implement

12 or provide funding for Indian Tribes and Tribal Organiza13 tions to develop and implement, within each Service Unit
14 or tribal program, a program of community education and
15 involvement which shall be designed to provide concise and
16 timely information to the community leadership of each
17 tribal community. Such program shall include education
18 about behavioral health issues to political leaders, Tribal
19 judges, law enforcement personnel, members of tribal
20 health and education boards, health care providers includ21 ing traditional practitioners, and other critical members
22 of each tribal community. Community-based training (ori23 ented toward local capacity development) shall also include
24 tribal community provider training (designed for adult
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1 learners from the communities receiving services for pre2 vention, intervention, treatment, and aftercare).
3
(b) INSTRUCTION.The Secretary, acting through
4 the Service, shall, either directly or through Indian Tribes

5 and Tribal Organizations, provide instruction in the area
6 of behavioral health issues, including instruction in crisis
7 intervention and family relations in the context of alcohol
8 and substance abuse, child sexual abuse, youth alcohol and
9 substance abuse, and the causes and effects of fetal alco10 hol disorders to appropriate employees of the Bureau of
11 Indian Affairs and the Service, and to personnel in schools
12 or programs operated under any contract with the Bureau
13 of Indian Affairs or the Service, including supervisors of
14 emergency shelters and halfway houses described in sec15 tion 4213 of the Indian Alcohol and Substance Abuse Pre16 vention and Treatment Act of 1986 (25 U.S.C. 2433).
17
(c) TRAINING MODELS.In carrying out the edu-
18 cation and training programs required by this section, the

19 Secretary, in consultation with Indian Tribes, Tribal Or20 ganizations, Indian behavioral health experts, and Indian
21 alcohol and substance abuse prevention experts, shall de22 velop and provide community-based training models. Such
23 models shall address
24
25
(1) the elevated risk of alcohol and behavioral

health problems faced by children of alcoholics;
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1
(2)
the
cultural,
spiritual,
and
multigenerational aspects of behavioral health prob-
lem prevention and recovery; and
(3) community-based and multidisciplinary
strategies for preventing and treating behavioral
health problems.
7
8
SEC. 710. BEHAVIORAL HEALTH PROGRAM.
(a) INNOVATIVE PROGRAMS.The Secretary, acting
9 through the Service, Indian Tribes, and Tribal Organiza10 tions, consistent with section 701, may plan, develop, im11 plement, and carry out programs to deliver innovative
12 community-based behavioral health services to Indians.
13
(b) FUNDING; CRITERIA.The Secretary may
14 award such funding for a project under subsection (a) to

15 an Indian Tribe or Tribal Organization and may consider
16 the following criteria:
17
18
19
20
21
22
(1) The project will address significant unmet

behavioral health needs among Indians.
(2) The project will serve a significant number
of Indians.
(3) The project has the potential to deliver
services in an efficient and effective manner.
23
(4) The Indian Tribe or Tribal Organization
24
has the administrative and financial capability to ad-
25
minister the project.
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1
(5) The project may deliver services in a man-
ner consistent with Traditional Health Care Prac-
tices.
(6) The project is coordinated with, and avoids
duplication of, existing services.
(c) EQUITABLE TREATMENT.For purposes of this
7 subsection, the Secretary shall, in evaluating project appli8 cations or proposals, use the same criteria that the Sec9 retary uses in evaluating any other application or proposal
10 for such funding.
11
12
SEC. 711. FETAL ALCOHOL DISORDER FUNDING.
(a) PROGRAMS.
13
(1) ESTABLISHMENT.The Secretary, consist-
14
ent with section 701, acting through the Service, In-
15
dian Tribes, and Tribal Organizations, is authorized
16
to establish and operate fetal alcohol disorder pro-
17
grams as provided in this section for the purposes
18
of meeting the health status objectives specified in
19
section 3.
20
21
(2) USE
OF FUNDS.Funding
provided pursu-
ant to this section shall be used for the following:
22
(A) To develop and provide for Indians
23
community and in school training, education,
24
and prevention programs relating to fetal alco-
25
hol disorders.
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1
(B) To identify and provide behavioral
health treatment to high-risk Indian women
and high-risk women pregnant with an Indians
child.
(C) To identify and provide appropriate
psychological services, educational and voca-
tional support, counseling, advocacy, and infor-
mation to fetal alcohol disorder affected Indians
and their families or caretakers.
10
(D) To develop and implement counseling
11
and support programs in schools for fetal alco-
12
hol disorder affected Indian children.
13
(E) To develop prevention and interven-
14
tion models which incorporate practitioners of
15
Traditional Health Care Practices, cultural and
16
spiritual values, and community involvement.
17
(F) To develop, print, and disseminate
18
education and prevention materials on fetal al-
19
cohol disorder.
20
(G) To develop and implement, through
21
the tribal consultation process, culturally sen-
22
sitive assessment and diagnostic tools including
23
dysmorphology clinics and multidisciplinary
24
fetal alcohol disorder clinics for use in Indian
25
communities and Urban Centers.
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1
(H) To develop early childhood interven-
tion projects from birth on to mitigate the ef-
fects of fetal alcohol disorder among Indians.
(I) To develop and fund community-based
adult fetal alcohol disorder housing and support
services for Indians and for women pregnant
with an Indians child.
(3) CRITERIA
FOR APPLICATIONS.The
Sec-
retary shall establish criteria for the review and ap-
10
proval of applications for funding under this section.
11
(b) SERVICES.The Secretary, acting through the
12 Service and Indian Tribes, Tribal Organizations, and

13 Urban Indian Organizations, shall
14
(1) develop and provide services for the pre-
15
vention, intervention, treatment, and aftercare for
16
those affected by fetal alcohol disorder in Indian
17
communities; and
18
(2) provide supportive services, directly or
19
through an Indian Tribe, Tribal Organization, or
20
Urban Indian Organization, including services to
21
meet the special educational, vocational, school-to-
22
work transition, and independent living needs of ad-
23
olescent and adult Indians with fetal alcohol dis-
24
order.
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1
(c) TASK FORCE.The Secretary shall establish a
2 task force to be known as the Fetal Alcohol Disorder Task

3 Force to advise the Secretary in carrying out subsection
4 (b). Such task force shall be composed of representatives
5 from the following:
6
(1) The National Institute on Drug Abuse.
(2) The National Institute on Alcohol and Al-
coholism.
(3) The Office of Substance Abuse Prevention.
10
(4) The National Institute of Mental Health.
11
(5) The Service.
12
(6) The Office of Minority Health of the De-
13
partment of Health and Human Services.
14
(7) The Administration for Native Americans.
15
(8) The National Institute of Child Health
16
17
18
and Human Development (NICHD).

(9) The Centers for Disease Control and Prevention.
19
(10) The Bureau of Indian Affairs.
20
(11) Indian Tribes.
21
(12) Tribal Organizations.
22
(13) Urban Indian Organizations.
23
(14) Indian fetal alcohol disorder experts.
24
(d) APPLIED RESEARCH PROJECTS.The Sec-
25 retary, acting through the Substance Abuse and Mental
S 1057 IS
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280
1 Health Services Administration, shall make funding avail2 able to Indian Tribes, Tribal Organizations, and Urban
3 Indian Organizations for applied research projects which
4 propose to elevate the understanding of methods to pre5 vent, intervene, treat, or provide rehabilitation and behav6 ioral health aftercare for Indians and Urban Indians af7 fected by fetal alcohol disorder.
8
9
(e) FUNDING
TIONS.Ten
FOR
percent of the funds appropriated pursuant
10 to this section shall be used to make grants to Urban In11 dian Organizations funded under title V.
12
SEC. 712. CHILD SEXUAL ABUSE AND PREVENTION TREAT-
13
14
MENT PROGRAMS.
(a)
ESTABLISHMENT.The
Secretary,
acting
15 through the Service, and the Secretary of the Interior, In16 dian Tribes, and Tribal Organizations shall establish, con17 sistent with section 701, in every Service Area, programs
18 involving treatment for
19
20
21
(1) victims of sexual abuse who are Indian

children or children in an Indian household; and
(2) perpetrators of child sexual abuse who are
22
Indian or members of an Indian household.
23
(b) USE OF FUNDS.Funding provided pursuant to
24 this section shall be used for the following:
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1
(1) To develop and provide community edu-
cation and prevention programs related to sexual
abuse of Indian children or children in an Indian
household.
(2) To identify and provide behavioral health
treatment to victims of sexual abuse who are Indian
children or children in an Indian household, and to
their family members who are affected by sexual
abuse.
10
(3) To develop prevention and intervention
11
models which incorporate Traditional Health Care
12
Practices, cultural and spiritual values, and commu-
13
nity involvement.
14
(4) To develop and implement, through the
15
tribal consultation process, culturally sensitive as-
16
sessment and diagnostic tools for use in Indian com-
17
munities and Urban Centers.
18
(5) To identify and provide behavioral health
19
treatment to Indian perpetrators and perpetrators
20
who are members of an Indian household
21
(A) making efforts to begin offender and
22
behavioral health treatment while the perpetra-
23
tor is incarcerated or at the earliest possible
24
date if the perpetrator is not incarcerated; and
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1
(B) providing treatment after the per-
petrator is released, until it is determined that
the perpetrator is not a threat to children.
4
5
SEC. 713. BEHAVIORAL HEALTH RESEARCH.
The Secretary, in consultation with appropriate
6 Federal agencies, shall provide funding to Indian Tribes,

7 Tribal Organizations, and Urban Indian Organizations or
8 enter into contracts with, or make grants to appropriate
9 institutions for, the conduct of research on the incidence
10 and prevalence of behavioral health problems among Indi11 ans served by the Service, Indian Tribes, or Tribal Organi12 zations and among Indians in urban areas. Research pri13 orities under this section shall include
14
(1) the interrelationship and interdependence
15
of behavioral health problems with alcoholism and
16
other substance abuse, suicide, homicides, other in-
17
juries, and the incidence of family violence; and
18
19
(2) the development of models of prevention

techniques.
20 The effect of the interrelationships and interdependencies

21 referred to in paragraph (1) on children, and the develop22 ment of prevention techniques under paragraph (2) appli23 cable to children, shall be emphasized.
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1
2
For the purpose of this title, the following defini-
3 tions shall apply:

4
(1) ASSESSMENT.The term assessment
means the systematic collection, analysis, and dis-
semination of information on health status, health
needs, and health problems.
(2)
ALCOHOL-RELATED
NEURODEVELOPMENTAL DISORDERS OR ARND.The
10
term alcohol-related neurodevelopmental disorders
11
or ARND means, with a history of maternal alco-
12
hol consumption during pregnancy, central nervous
13
system involvement such as developmental delay, in-
14
tellectual deficit, or neurologic abnormalities. Behav-
15
iorally, there can be problems with irritability, and
16
failure to thrive as infants. As children become older
17
there will likely be hyperactivity, attention deficit,
18
language dysfunction, and perceptual and judgment
19
problems.
20
(3) BEHAVIORAL
HEALTH AFTERCARE.The
21
term behavioral health aftercare includes those ac-
22
tivities and resources used to support recovery fol-
23
lowing inpatient, residential, intensive substance
24
abuse, or mental health outpatient or outpatient
25
treatment. The purpose is to help prevent or deal
26
with relapse by ensuring that by the time a client or

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1
patient is discharged from a level of care, such as
outpatient treatment, an aftercare plan has been de-
veloped with the client. An aftercare plan may use
such resources a as community-based therapeutic
group, transitional living facilities, a 12-step spon-
sor, a local 12-step or other related support group,
and other community-based providers (mental health
professionals, traditional health care practitioners,
community health aides, community health rep-
10
resentatives, mental health technicians, ministers,
11
etc.)
12
(4) DUAL
DIAGNOSIS.The
term dual diag-
13
nosis means coexisting substance abuse and mental
14
illness conditions or diagnosis. Such clients are
15
sometimes referred to as mentally ill chemical abus-
16
ers (MICAs).
17
(5) FETAL
ALCOHOL DISORDERS.The
term
18
fetal alcohol disorders means fetal alcohol syn-
19
drome, partial fetal alcohol syndrome and alcohol re-
20
lated neurodevelopmental disorder (ARND).
21
(6) FETAL
ALCOHOL SYNDROME OR FAS.
22
The term fetal alcohol syndrome or FAS means a
23
syndrome in which, with a history of maternal alco-
24
hol consumption during pregnancy, the following cri-
25
teria are met:
S 1057 IS
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1
(A) Central nervous system involvement
such as developmental delay, intellectual deficit,
microencephaly, or neurologic abnormalities.
(B) Craniofacial abnormalities with at
least 2 of the following: microophthalmia, short
palpebral fissures, poorly developed philtrum,
thin upper lip, flat nasal bridge, and short
upturned nose.
9
10
(C) Prenatal or postnatal growth delay.

(7) PARTIAL
FAS.The
term partial FAS
11
means, with a history of maternal alcohol consump-
12
tion during pregnancy, having most of the criteria of
13
FAS, though not meeting a minimum of at least 2
14
of the following: microophthalmia, short palpebral
15
fissures, poorly developed philtrum, thin upper lip,
16
flat nasal bridge, and short upturned nose.
17
(8) REHABILITATION.The term rehabilita-
18
tion means to restore the ability or capacity to en-
19
gage in usual and customary life activities through
20
education and therapy.
21
22
(9) SUBSTANCE
ABUSE.The
abuse includes inhalant abuse.
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289
286
1
2
There is authorized to be appropriated such sums

4 year 2015 to carry out the provisions of this title.
5
6
7
TITLE VIIIMISCELLANEOUS
SEC. 801. REPORTS.
The President shall, at the time the budget is sub-
8 mitted under section 1105 of title 31, United States Code,

9 for each fiscal year transmit to Congress a report contain10 ing the following:
11
(1) A report on the progress made in meeting
12
the objectives of this Act, including a review of pro-
13
grams established or assisted pursuant to this Act
14
and assessments and recommendations of additional
15
programs or additional assistance necessary to, at a
16
minimum, provide health services to Indians and en-
17
sure a health status for Indians, which are at a par-
18
ity with the health services available to and the
19
health status of the general population, including
20
specific comparisons of appropriations provided and
21
those required for such parity.
22
(2) A report on whether, and to what extent,
23
new national health care programs, benefits, initia-
24
tives, or financing systems have had an impact on
25
the purposes of this Act and any steps that the Sec-
26
retary may have taken to consult with Indian Tribes,

S 1057 IS
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1
tions to address such impact, including a report on
proposed changes in allocation of funding pursuant
to section 808.
5
6
(3) A report on the use of health services by

Indians
7
8
(A) on a national and area or other relevant geographical basis;
(B) by gender and age;
10
11
(C) by source of payment and type of

service;
12
(D) comparing such rates of use with
13
rates of use among comparable non-Indian pop-
14
ulations; and
15
(E) provided under contracts.
16
(4) A report of contractors to the Secretary on
17
Health Care Educational Loan Repayments every 6
18
months required by section 110.
19
(5) A general audit report of the Secretary on
20
the Health Care Educational Loan Repayment Pro-
21
gram as required by section 110(n).
22
(6) A report of the findings and conclusions of
23
demonstration programs on development of edu-
24
cational curricula for substance abuse counseling as
25
required in section 125(f).
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288
1
(7) A separate statement which specifies the
amount of funds requested to carry out the provi-
sions of section 201.
(8) A report of the evaluations of health pro-
motion and disease prevention as required in section
203(c).
7
8
9
10
(9) A biennial report to Congress on infectious

diseases as required by section 212.
(10) A report on environmental and nuclear
health hazards as required by section 215.
11
(11) An annual report on the status of all
12
health care facilities needs as required by section
13
301(c)(2) and 301(d).
14
15
(12) Reports on safe water and sanitary waste

disposal facilities as required by section 302(h).
16
(13) An annual report on the expenditure of
17
nonservice funds for renovation as required by sec-
18
tions 304(b)(2).
19
(14) A report identifying the backlog of main-
20
tenance and repair required at Service and tribal fa-
21
cilities required by section 313(a).
22
(15) A report providing an accounting of reim-
23
bursement funds made available to the Secretary
24
under titles XVIII, XIX, and XXI of the Social Se-
25
curity Act.
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289
1
(16) A report on any arrangements for the
sharing of medical facilities or services, as author-
ized by section 406.
4
5
6
7
8
9
(17) A report on evaluation and renewal of

Urban Indian programs under section 505.
(18) A report on the evaluation of programs
as required by section 513(d).
(19) A report on alcohol and substance abuse
as required by section 701(f).
10
SEC. 802. REGULATIONS.
11
(a) DEADLINES.
12
(1) PROCEDURES.Not later than 90 days
13
after the date of enactment of the Indian Health
14
Care Improvement Act Amendments of 2005, the
15
Secretary shall initiate procedures under subchapter
16
III of chapter 5 of title 5, United States Code, to
17
negotiate and promulgate such regulations or
18
amendments thereto that are necessary to carry out
19
titles I (except sections 105, 115, and 117), II, III,
20
and VII. The Secretary may promulgate regulations
21
to carry out sections 105, 115, 117, and titles IV
22
and V, using the procedures required by chapter V
23
of title 5, United States Code (commonly known as
24
the Administrative Procedure Act). The Secretary
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290
1
shall issue no regulations to carry out titles VI and
VIII.
(2) PROPOSED
REGULATIONS.Proposed
reg-
ulations to implement this Act shall be published in
the Federal Register by the Secretary no later than
1 year after the date of enactment of the Indian
Health Care Improvement Act Amendments of 2005
and shall have no less than a 120-day comment pe-
riod.
10
(3) EXPIRATION
OF AUTHORITY.Except
as
11
otherwise provided herein, the authority to promul-
12
gate regulations under this Act shall expire 24
13
months from the date of enactment of this Act.
14
(b) COMMITTEE.A negotiated rulemaking commit-
15 tee established pursuant to section 565 of title 5, United

16 States Code, to carry out this section shall have as its
17 members only representatives of the Federal Government
18 and representatives of Indian Tribes and Tribal Organiza19 tions, a majority of whom shall be nominated by and be
20 representatives of Indian Tribes, Tribal Organizations,
21 and Urban Indian Organizations from each Service Area.
22 The representative of the Urban Indian Organization shall
23 be deemed to be an elected officer of a tribal government
24 for purposes of applying section 204(b) of the Unfunded
25 Mandates Reform Act of 1995 (2 U.S.C. 1534(b)).
S 1057 IS
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1
(c) ADAPTATION
OF
PROCEDURES.The Secretary
2 shall adapt the negotiated rulemaking procedures to the

3 unique context of self-governance and the government-to4 government relationship between the United States and
5 Indian Tribes.
6
(d) LACK
OF
REGULATIONS.The lack of promul-
7 gated regulations shall not limit the effect of this Act.

8
(e) INCONSISTENT REGULATIONS.The provisions
9 of this Act shall supersede any conflicting provisions of

10 law) in effect on the day before the date of enactment of
11 the Indian Health Care Improvement Act Amendments of
12 2005, and the Secretary is authorized to repeal any regu13 lation inconsistent with the provisions of this Act.
14
15
SEC. 803. PLAN OF IMPLEMENTATION.
Not later than 9 months after the date of enactment

17 of 2005, the Secretary in consultation with Indian Tribes,
18 Tribal Organizations, and Urban Indian Organizations,
19 shall submit to Congress a plan explaining the manner and
20 schedule (including a schedule of appropriation requests),
21 by title and section, by which the Secretary will implement
22 the provisions of this Act.
23
24
SEC. 804. AVAILABILITY OF FUNDS.
The funds appropriated pursuant to this Act shall
25 remain available until expended.
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1
SEC. 805. LIMITATION ON USE OF FUNDS APPROPRIATED
2
3
TO THE INDIAN HEALTH SERVICE.
Any limitation on the use of funds contained in an
4 Act providing appropriations for the Department for a pe5 riod with respect to the performance of abortions shall
6 apply for that period with respect to the performance of
7 abortions using funds contained in an Act providing ap8 propriations for the Service.
9
10
SEC. 806. ELIGIBILITY OF CALIFORNIA INDIANS.
(a) IN GENERAL.The following California Indians
11 shall be eligible for health services provided by the Service:

12
13
(1) Any member of a federally recognized Indian Tribe.
14
(2) Any descendant of an Indian who was re-
15
siding in California on June 1, 1852, if such
16
descendant
17
(A) is a member of the Indian community
18
served by a local program of the Service; and
19
(B) is regarded as an Indian by the com-
20
munity in which such descendant lives.
21
(3) Any Indian who holds trust interests in
22
public domain, national forest, or reservation allot-
23
ments in California.
24
(4) Any Indian in California who is listed on
25
the plans for distribution of the assets of rancherias
26
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293
1
nia under the Act of August 18, 1958 (72 Stat.
619), and any descendant of such an Indian.
(b) CLARIFICATION.Nothing in this section may
4 be construed as expanding the eligibility of California Indi5 ans for health services provided by the Service beyond the
6 scope of eligibility for such health services that applied on
7 May 1, 1986.
8
9
SEC. 807. HEALTH SERVICES FOR INELIGIBLE PERSONS.
(a) CHILDREN.Any individual who
10
(1) has not attained 19 years of age;
11
(2) is the natural or adopted child, stepchild,
12
foster child, legal ward, or orphan of an eligible In-
13
dian; and
14
15
(3) is not otherwise eligible for health services

provided by the Service,
16 shall be eligible for all health services provided by the

17 Service on the same basis and subject to the same rules
18 that apply to eligible Indians until such individual attains
19 19 years of age. The existing and potential health needs
20 of all such individuals shall be taken into consideration
21 by the Service in determining the need for, or the alloca22 tion of, the health resources of the Service. If such an indi23 vidual has been determined to be legally incompetent prior
24 to attaining 19 years of age, such individual shall remain
S 1057 IS
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294
1 eligible for such services until 1 year after the date of a
2 determination of competency.
3
(b) SPOUSES.Any spouse of an eligible Indian who
4 is not an Indian, or who is of Indian descent but is not

5 otherwise eligible for the health services provided by the
6 Service, shall be eligible for such health services if all such
7 spouses or spouses who are married to members of each
8 Indian Tribe being served are made eligible, as a class,
9 by an appropriate resolution of the governing body of the
10 Indian Tribe or Tribal Organization providing such serv11 ices. The health needs of persons made eligible under this
12 paragraph shall not be taken into consideration by the
13 Service in determining the need for, or allocation of, its
14 health resources.
15
16
17
(c) PROVISION
OF
SERVICES
TO
OTHER INDIVID-
UALS.
(1) IN
GENERAL.The
Secretary is authorized
18
to provide health services under this subsection
19
through health programs operated directly by the
20
Service to individuals who reside within the Service
21
Unit and who are not otherwise eligible for such
22
health services if
23
(A) the Indian Tribes served by such
24
Service Unit request such provision of health
25
services to such individuals; and
S 1057 IS
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295
1
2
(B) the Secretary and the served Indian

Tribes have jointly determined that
(i) the provision of such health serv-
ices will not result in a denial or diminu-
tion of health services to eligible Indians;
and
(ii) there is no reasonable alternative
health facilities or services, within or with-
out the Service Unit, available to meet the
10
11
health needs of such individuals.

(2) ISDEAA
PROGRAMS.In
the case of
12
health programs and facilities operated under a con-
13
tract or compact entered into under the Indian Self-
14
Determination and Education Assistance Act (25
15
U.S.C. 450 et seq.), the governing body of the In-
16
dian Tribe or Tribal Organization providing health
17
services under such contract or compact is author-
18
ized to determine whether health services should be
19
provided under such contract or compact to individ-
20
uals who are not otherwise eligible for such services
21
under any other subsection of this section or under
22
any other provision of law. In making such deter-
23
mination, the governing body of the Indian Tribe or
24
Tribal organization shall take into account the con-
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296
1
siderations described in clauses (i) and (ii) of para-
graph (1)(B).
(3) PAYMENT
(A)
IN
FOR SERVICES.
GENERAL.Persons
receiving
health services provided by the Service under of
this subsection shall be liable for payment of
such health services under a schedule of charges
prescribed by the Secretary which, in the judg-
ment of the Secretary, results in reimbursement
10
in an amount not less than the actual cost of
11
providing the health services. Notwithstanding
12
section 404 of this Act or any other provision
13
of law, amounts collected under this subsection,
14
including medicare, medicaid, or SCHIP reim-
15
bursements under titles XVIII, XIX, and XXI
16
of the Social Security Act, shall be credited to
17
the account of the program providing the serv-
18
ice and shall be used for the purposes listed in
19
section 401(d)(2) and amounts collected under
20
this subsection shall be available for expendi-
21
ture within such program.
22
(B) INDIGENT
PEOPLE.Health
services
23
may be provided by the Secretary through the
24
Service under this subsection to an indigent in-
25
dividual who would not be otherwise eligible for
S 1057 IS
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297
1
such health services but for the provisions of
paragraph (1) only if an agreement has been
entered into with a State or local government
under which the State or local government
agrees to reimburse the Service for the expenses
incurred by the Service in providing such health
services to such indigent individual.
(4) REVOCATION
OF
CONSENT
FOR
SERV-
ICES.
10
(A) SINGLE
TRIBE SERVICE AREA.In
11
the case of a Service Area which serves only 1
12
Indian Tribe, the authority of the Secretary to
13
provide health services under paragraph (1)
14
shall terminate at the end of the fiscal year suc-
15
ceeding the fiscal year in which the governing
16
body of the Indian Tribe revokes its concur-
17
rence to the provision of such health services.
18
(B) MULTITRIBAL
SERVICE
AREA.In
19
the case of a multitribal Service Area, the au-
20
thority of the Secretary to provide health serv-
21
ices under paragraph (1) shall terminate at the
22
end of the fiscal year succeeding the fiscal year
23
in which at least 51 percent of the number of
24
Indian Tribes in the Service Area revoke their
S 1057 IS
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298
1
concurrence to the provisions of such health
services.
(d) OTHER SERVICES.The Service may provide
4 health services under this subsection to individuals who

5 are not eligible for health services provided by the Service
6 under any other provision of law in order to
7
(1) achieve stability in a medical emergency;
(2) prevent the spread of a communicable dis-
ease or otherwise deal with a public health hazard;
10
(3) provide care to non-Indian women preg-
11
nant with an eligible Indians child for the duration
12
of the pregnancy through postpartum; or
13
(4) provide care to immediate family members
14
of an eligible individual if such care is directly relat-
15
ed to the treatment of the eligible individual.
16
(e) HOSPITAL PRIVILEGES
FOR
PRACTITIONERS.
17 Hospital privileges in health facilities operated and main18 tained by the Service or operated under a contract or com19 pact pursuant to the Indian Self-Determination and Edu20 cation Assistance Act (25 U.S.C. 450 et seq.) may be ex21 tended to non-Service health care practitioners who pro22 vide services to individuals described in subsection (a), (b),
23 (c), or (d). Such non-Service health care practitioners
24 may, as part of privileging process, be designated as em25 ployees of the Federal Government for purposes of section
S 1057 IS
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299
1 1346(b) and chapter 171 of title 28, United States Code
2 (relating to Federal tort claims) only with respect to acts
3 or omissions which occur in the course of providing serv4 ices to eligible individuals as a part of the conditions under
5 which such hospital privileges are extended.
6
(f) ELIGIBLE INDIAN.For purposes of this sec-
7 tion, the term eligible Indian means any Indian who is

8 eligible for health services provided by the Service without
9 regard to the provisions of this section.
10
11
SEC. 808. REALLOCATION OF BASE RESOURCES.
(a) REPORT REQUIRED.Notwithstanding any
12 other provision of law, any allocation of Service funds for

13 a fiscal year that reduces by 5 percent or more from the
14 previous fiscal year the funding for any recurring pro15 gram, project, or activity of a Service Unit may be imple16 mented only after the Secretary has submitted to the
17 President, for inclusion in the report required to be trans18 mitted to Congress under section 801, a report on the pro19 posed change in allocation of funding, including the rea20 sons for the change and its likely effects.
21
(b) EXCEPTION.Subsection (a) shall not apply if
22 the total amount appropriated to the Service for a fiscal

23 year is at least 5 percent less than the amount appro24 priated to the Service for the previous fiscal year.
S 1057 IS
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300
1
2
SEC. 809. RESULTS OF DEMONSTRATION PROJECTS.
The Secretary shall provide for the dissemination to
3 Indian Tribes, Tribal Organizations, and Urban Indian

4 Organizations of the findings and results of demonstration
5 projects conducted under this Act.
6
7
SEC. 810. PROVISION OF SERVICES IN MONTANA.
(a) CONSISTENT WITH COURT DECISION.The
8 Secretary, acting through the Service, shall provide serv9 ices and benefits for Indians in Montana in a manner con10 sistent with the decision of the United States Court of Ap11 peals for the Ninth Circuit in McNabb for McNabb v.
12 Bowen, 829 F.2d 787 (9th Cir. 1987).
13
(b) CLARIFICATION.The provisions of subsection
14 (a) shall not be construed to be an expression of the sense

15 of Congress on the application of the decision described
16 in subsection (a) with respect to the provision of services
17 or benefits for Indians living in any State other than Mon18 tana.
19
20
SEC. 811. MORATORIUM.
During the period of the moratorium imposed on
21 implementation of the final rule published in the Federal

22 Register on September 16, 1987, by the Health Resources
23 and Services Administration of the Public Health Service,
24 relating to eligibility for the health care services of the
25 Indian Health Service, the Indian Health Service shall
26 provide services pursuant to the criteria for eligibility for
S 1057 IS
304
301
1 such services that were in effect on September 15, 1987,
2 subject to the provisions of sections 806 and 807 until
3 such time as new criteria governing eligibility for services
4 are developed in accordance with section 802.
5
6
SEC. 812. TRIBAL EMPLOYMENT.
For purposes of section 2(2) of the Act of July 5,
7 1935 (49 Stat. 450, chapter 372), an Indian Tribe or

8 Tribal Organization carrying out a contract or compact
9 pursuant to the Indian Self-Determination and Education
10 Assistance Act (25 U.S.C. 450 et seq.) shall not be consid11 ered an employer.
12
13
SEC. 813. SEVERABILITY PROVISIONS.
If any provision of this Act, any amendment made
14 by the Act, or the application of such provision or amend15 ment to any person or circumstances is held to be invalid,
16 the remainder of this Act, the remaining amendments
17 made by this Act, and the application of such provisions
18 to persons or circumstances other than those to which it
19 is held invalid, shall not be affected thereby.
20
SEC. 814. ESTABLISHMENT OF NATIONAL BIPARTISAN
21
22
COMMISSION ON INDIAN HEALTH CARE.
(a) ESTABLISHMENT.There is established the Na-
23 tional Bipartisan Indian Health Care Commission (the

24 Commission).
S 1057 IS
305
302
1
(b) DUTIES
OF
COMMISSION.The duties of the
2 Commission are the following:

3
(1) To establish a study committee composed
of those members of the Commission appointed by
the Director and at least 4 members of Congress
from among the members of the Commission, the
duties of which shall be the following:
(A) To the extent necessary to carry out
its duties, collect and compile data necessary to
10
understand the extent of Indian needs with re-
11
gard to the provision of health services, regard-
12
less of the location of Indians, including holding
13
hearings and soliciting the views of Indians, In-
14
dian Tribes, Tribal Organizations, and Urban
15
Indian Organizations, which may include au-
16
thorizing and making funds available for fea-
17
sibility studies of various models for providing
18
and funding health services for all Indian bene-
19
ficiaries, including those who live outside of a
20
reservation, temporarily or permanently.
21
(B) To make legislative recommendations
22
to the Commission regarding the delivery of
23
Federal health care services to Indians. Such
24
recommendations shall include those related to
25
issues of eligibility, benefits, the range of serv-
S 1057 IS
306
303
1
ice providers, the cost of such services, financ-
ing such services, and the optimal manner in
which to provide such services.
(C) To determine the effect of the enact-
ment of such recommendations on (i) the exist-
ing system of delivery of health services for In-
dians, and (ii) the sovereign status of Indian
Tribes.
(D) Not later than 12 months after the
10
appointment of all members of the Commission,
11
to submit a written report of its findings and
12
recommendations to the full Commission. The
13
report shall include a statement of the minority
14
and majority position of the Committee and
15
shall be disseminated, at a minimum, to every
16
Indian Tribe, Tribal Organization, and Urban
17
Indian Organization for comment to the Com-
18
mission.
19
(E) To report regularly to the full Com-
20
mission
21
ommendations developed by the study commit-
22
tee in the course of carrying out its duties
23
under this section.
24
(2) To review and analyze the recommenda-
25
regarding
the
findings
tions of the report of the study committee.
S 1057 IS
and
rec-
307
304
1
(3) To make legislative recommendations to
Congress regarding the delivery of Federal health
care services to Indians. Such recommendations
shall include those related to issues of eligibility,
benefits, the range of service providers, the cost of
such services, financing such services, and the opti-
mal manner in which to provide such services.
(4) Not later than 18 months following the
date of appointment of all members of the Commis-
10
sion, submit a written report to Congress regarding
11
the delivery of Federal health care services to Indi-
12
ans. Such recommendations shall include those relat-
13
ed to issues of eligibility, benefits, the range of serv-
14
ice providers, the cost of such services, financing
15
such services, and the optimal manner in which to
16
provide such services.
17
(c) MEMBERS.
18
19
(1) APPOINTMENT.The Commission shall be

composed of 25 members, appointed as follows:
20
(A) Ten members of Congress, including
21
3 from the House of Representatives and 2
22
from the Senate, appointed by their respective
23
majority leaders, and 3 from the House of Rep-
24
resentatives and 2 from the Senate, appointed
25
by their respective minority leaders, and who
S 1057 IS
308
305
1
shall be members of the standing committees of
Congress that consider legislation affecting
health care to Indians.
(B) Twelve persons chosen by the con-
gressional members of the Commission, 1 from
each Service Area as currently designated by
the Director to be chosen from among 3 nomi-
nees from each Service Area put forward by the
Indian Tribes within the area, with due regard
10
being given to the experience and expertise of
11
the nominees in the provision of health care to
12
Indians and to a reasonable representation on
13
the commission of members who are familiar
14
with various health care delivery modes and
15
who represent Indian Tribes of various size
16
populations.
17
(C) Three persons appointed by the Di-
18
rector who are knowledgeable about the provi-
19
sion of health care to Indians, at least 1 of
20
whom shall be appointed from among 3 nomi-
21
nees put forward by those programs whose
22
funds are provided in whole or in part by the
23
Service primarily or exclusively for the benefit
24
of Urban Indians.
S 1057 IS
309
306
1
(D) All those persons chosen by the con-
gressional members of the Commission and by
the Director shall be members of federally rec-
ognized Indian Tribes.
(2) CHAIR;
VICE CHAIR.The
Chair and Vice
Chair of the Commission shall be selected by the
congressional members of the Commission.
(3) TERMS.The terms of members of the
Commission shall be for the life of the Commission.
10
(4) DEADLINE
FOR
APPOINTMENTS.Con-
11
gressional members of the Commission shall be ap-
12
pointed not later than 180 days after the date of en-
13
actment of the Indian Health Care Improvement Act
14
Amendments of 2005, and the remaining members
15
of the Commission shall be appointed not later than
16
60 days following the appointment of the congres-
17
sional members.
18
(5) VACANCY.A vacancy in the Commission
19
shall be filled in the manner in which the original
20
appointment was made.
21
(d) COMPENSATION.
22
(1) CONGRESSIONAL
MEMBERS.Each
con-
23
gressional member of the Commission shall receive
24
no additional pay, allowances, or benefits by reason
25
of their service on the Commission and shall receive
S 1057 IS
310
307
1
travel expenses and per diem in lieu of subsistence
in accordance with sections 5702 and 5703 of title
5, United States Code.
(2) OTHER
MEMBERS.Remaining
members
of the Commission, while serving on the business of
the Commission (including travel time), shall be en-
titled to receive compensation at the per diem equiv-
alent of the rate provided for level IV of the Execu-
tive Schedule under section 5315 of title 5, United
10
States Code, and while so serving away from home
11
and the members regular place of business, a mem-
12
ber may be allowed travel expenses, as authorized by
13
the Chairman of the Commission. For purpose of
14
pay (other than pay of members of the Commission)
15
and employment benefits, rights, and privileges, all
16
personnel of the Commission shall be treated as if
17
they were employees of the United States Senate.
18
(e) MEETINGS.The Commission shall meet at the
19 call of the Chair.

20
(f) QUORUM.A quorum of the Commission shall
21 consist of not less than 15 members, provided that no less

22 than 6 of the members of Congress who are Commission
23 members are present and no less than 9 of the members
24 who are Indians are present.
25
(g) EXECUTIVE DIRECTOR; STAFF; FACILITIES.
S 1057 IS
311
308
1
(1) APPOINTMENT;
PAY.The
Commission
shall appoint an executive director of the Commis-
sion. The executive director shall be paid the rate of
basic pay for level V of the Executive Schedule.
(2) STAFF
APPOINTMENT.With
the approval
of the Commission, the executive director may ap-
point such personnel as the executive director deems
appropriate.
(3) STAFF
PAY.The
staff of the Commission
10
shall be appointed without regard to the provisions
11
of title 5, United States Code, governing appoint-
12
ments in the competitive service, and shall be paid
13
without regard to the provisions of chapter 51 and
14
subchapter III of chapter 53 of such title (relating
15
to classification and General Schedule pay rates).
16
(4) TEMPORARY
SERVICES.With
the ap-
17
proval of the Commission, the executive director may
18
procure temporary and intermittent services under
19
section 3109(b) of title 5, United States Code.
20
(5) FACILITIES.The Administrator of Gen-
21
eral Services shall locate suitable office space for the
22
operation of the Commission. The facilities shall
23
serve as the headquarters of the Commission and
24
shall include all necessary equipment and incidentals
S 1057 IS
312
309
1
required for the proper functioning of the Commis-
sion.
(h) HEARINGS.(1) For the purpose of carrying
4 out its duties, the Commission may hold such hearings

5 and undertake such other activities as the Commission de6 termines to be necessary to carry out its duties, provided
7 that at least 6 regional hearings are held in different areas
8 of the United States in which large numbers of Indians
9 are present. Such hearings are to be held to solicit the
10 views of Indians regarding the delivery of health care serv11 ices to them. To constitute a hearing under this sub12 section, at least 5 members of the Commission, including
13 at least 1 member of Congress, must be present. Hearings
14 held by the study committee established in this section
15 may count toward the number of regional hearings re16 quired by this subsection.
17
(2) Upon request of the Commission, the Comptrol-
18 ler General shall conduct such studies or investigations as

19 the Commission determines to be necessary to carry out
20 its duties.
21
(3)(A) The Director of the Congressional Budget
22 Office or the Chief Actuary of the Centers for Medicare

23 & Medicaid Services, or both, shall provide to the Commis24 sion, upon the request of the Commission, such cost esti-
S 1057 IS
313
310
1 mates as the Commission determines to be necessary to
2 carry out its duties.
3
(B) The Commission shall reimburse the Director
4 of the Congressional Budget Office for expenses relating

5 to the employment in the office of the Director of such
6 additional staff as may be necessary for the Director to
7 comply with requests by the Commission under subpara8 graph (A).
9
(4) Upon the request of the Commission, the head
10 of any Federal agency is authorized to detail, without re11 imbursement, any of the personnel of such agency to the
12 Commission to assist the Commission in carrying out its
13 duties. Any such detail shall not interrupt or otherwise
14 affect the civil service status or privileges of the Federal
15 employee.
16
(5) Upon the request of the Commission, the head
17 of a Federal agency shall provide such technical assistance

18 to the Commission as the Commission determines to be
19 necessary to carry out its duties.
20
(6) The Commission may use the United States
21 mails in the same manner and under the same conditions

22 as Federal agencies and shall, for purposes of the frank,
23 be considered a commission of Congress as described in
24 section 3215 of title 39, United States Code.
S 1057 IS
314
311
1
(7) The Commission may secure directly from any
2 Federal agency information necessary to enable it to carry

3 out its duties, if the information may be disclosed under
4 section 552 of title 4, United States Code. Upon request
5 of the Chairman of the Commission, the head of such
6 agency shall furnish such information to the Commission.
7
(8) Upon the request of the Commission, the Ad-
8 ministrator of General Services shall provide to the Com9 mission on a reimbursable basis such administrative sup10 port services as the Commission may request.
11
(9) For purposes of costs relating to printing and
12 binding, including the cost of personnel detailed from the

13 Government Printing Office, the Commission shall be
14 deemed to be a committee of Congress.
15
(i) AUTHORIZATION OF APPROPRIATIONS.There is
16 authorized to be appropriated $4,000,000 to carry out the

17 provisions of this section, which sum shall not be deducted
18 from or affect any other appropriation for health care for
19 Indian persons.
20
(j) FACA.The Federal Advisory Committee Act
21 (5 U.S.C. App.) shall not apply to the Commission.

22
23
SEC. 815. APPROPRIATIONS; AVAILABILITY.
Any new spending authority (described in subsection
24 (c)(2)(A) or (B) of section 401 of the Congressional Budg25 et Act of 1974) which is provided under this Act shall
S 1057 IS
315
312
1 be effective for any fiscal year only to such extent or in
2 such amounts as are provided in appropriation Acts.
3
4
(a) IN GENERAL.There are authorized to be ap-
5 propriated such sums as may be necessary for each fiscal

6 year through fiscal year 2015 to carry out this title..
7
(b) RATE OF PAY.
(1) POSITIONS
AT LEVEL IV.Section
5315 of
title 5, United States Code, is amended by striking
10
Assistant Secretaries of Health and Human Serv-
11
ices (6). and inserting Assistant Secretaries of
12
Health and Human Services (7).
13
(2) POSITIONS
AT LEVEL V.Section
5316 of
14
title 5, United States Code, is amended by striking
15
Director, Indian Health Service, Department of
16
Health and Human Services.
17
(c) AMENDMENTS TO OTHER PROVISIONS OF LAW.
18
(1) Section 3307(b)(1)(C) of the Childrens
19
Health Act of 2000 (25 U.S.C. 1671 note; Public
20
Law 106310) is amended by striking Director of
21
the Indian Health Service and inserting Assistant
22
Secretary for Indian Health.
23
24
(2) The Indian Lands Open Dump Cleanup Act

of 1994 is amended
25
(A) in section 3 (25 U.S.C. 3902)
S 1057 IS
316
313
1
(i) by striking paragraph (2);
(ii) by redesignating paragraphs (1),
(3), (4), (5), and (6) as paragraphs (4),
(5), (2), (6), and (1), respectively, and
moving those paragraphs so as to appear
in numerical order; and
(iii) by inserting before paragraph (4)
(as redesignated by subclause (II)) the fol-
lowing:
10
(3) ASSISTANT
SECRETARY.The
term As-
11
sistant Secretary means the Assistant Secretary for
12
Indian Health.;
13
(B) in section 5 (25 U.S.C. 3904), by
14
striking the section heading and inserting the
15
following:
16
SEC. 5. AUTHORITY OF ASSISTANT SECRETARY FOR IN-
17
DIAN HEALTH.;
18
(C) in section 6(a) (25 U.S.C. 3905(a)), in
19
the subsection heading, by striking DIREC-
20
TOR
and inserting ASSISTANT SECRETARY;
21
(D) in section 9(a) (25 U.S.C. 3908(a)), in
22
the subsection heading, by striking DIREC-
23
TOR
24
and
S 1057 IS
and inserting ASSISTANT SECRETARY;
317
314
1
(E) by striking Director each place it
appears and inserting Assistant Secretary.
(3) Section 5504(d)(2) of the Augustus F.
Hawkins-Robert T. Stafford Elementary and Sec-
ondary School Improvement Amendments of 1988
(25 U.S.C. 2001 note; Public Law 100297) is
amended by striking Director of the Indian Health
Service and inserting Assistant Secretary for In-
dian Health.
10
(4) Section 203(a)(1) of the Rehabilitation Act
11
of 1973 (29 U.S.C. 763(a)(1)) is amended by strik-
12
ing Director of the Indian Health Service and in-
13
serting Assistant Secretary for Indian Health.
14
(5) Subsections (b) and (e) of section 518 of
15
the Federal Water Pollution Control Act (33 U.S.C.
16
1377) are amended by striking Director of the In-
17
dian Health Service each place it appears and in-
18
serting Assistant Secretary for Indian Health.
19
20
(6) Section 317M(b) of the Public Health Service Act (42 U.S.C. 247b14(b)) is amended
21
(A) by striking Director of the Indian
22
Health Service each place it appears and in-
23
serting
24
Health; and
S 1057 IS
Assistant
Secretary
for
Indian
318
315
1
(B) in paragraph (2)(A), by striking the
Directors referred to in such paragraph and
inserting the Director of the Centers for Dis-
ease Control and Prevention and the Assistant
(7) Section 417C(b) of the Public Health Serv-
ice Act (42 U.S.C. 2859(b)) is amended by striking
Director of the Indian Health Service and insert-
ing Assistant Secretary for Indian Health.
10
(8) Section 1452(i) of the Safe Drinking Water
11
Act (42 U.S.C. 300j12(i)) is amended by striking
12
Director of the Indian Health Service each place
13
it appears and inserting Assistant Secretary for In-
14
dian Health.
15
(9) Section 803B(d)(1) of the Native American
16
Programs Act of 1974 (42 U.S.C. 2991b2(d)(1)) is
17
amended in the last sentence by striking Director
18
of the Indian Health Service and inserting Assist-
19
ant Secretary for Indian Health.
20
(10) Section 203(b) of the Michigan Indian
21
Land Claims Settlement Act (Public Law 105143;
22
111 Stat. 2666) is amended by striking Director of
23
the Indian Health Service and inserting Assistant
24
S 1057 IS
319
316
1
SEC. 3. SOBOBA SANITATION FACILITIES.
The Act of December 17, 1970 (84 Stat. 1465), is
3 amended by adding at the end the following new section:

4
SEC. 9. Nothing in this Act shall preclude the
5 Soboba Band of Mission Indians and the Soboba Indian

6 Reservation from being provided with sanitation facilities
7 and services under the authority of section 7 of the Act
8 of August 5, 1954 (68 Stat. 674), as amended by the Act
9 of July 31, 1959 (73 Stat. 267)..
10
SEC. 4. AMENDMENTS TO THE MEDICAID AND STATE CHIL-
11
DRENS HEALTH INSURANCE PROGRAMS.
12
(a) EXPANSION
OF
MEDICAID PAYMENT
13 COVERED SERVICES FURNISHED
BY
FOR
ALL
INDIAN HEALTH
14 PROGRAMS.
15
(1) EXPANSION
TO ALL COVERED SERVICES.
16
Section 1911 of the Social Security Act (42 U.S.C.
17
1396j) is amended
18
(A) by amending the heading to read as
19
follows:
20
INDIAN
21
HEALTH PROGRAMS;
(B) by amending subsection (a) to read as
22
follows:
23
(a) ELIGIBILITY
24
and
CAL
FOR
REIMBURSEMENT
FOR
MEDI-
ASSISTANCE.The Indian Health Service and an In-
25 dian Tribe, Tribal Organization, or an urban Indian Orga26 nization (as such terms are defined in section 4 of the
S 1057 IS
320
317
1 Indian Health Care Improvement Act) shall be eligible for
2 reimbursement for medical assistance provided under a
3 State plan or under waiver authority with respect to items
4 and services furnished by the Indian Health Service, In5 dian Tribe, Tribal Organization, or Urban Indian Organi6 zation if the furnishing of such services meets all the con7 ditions and requirements which are applicable generally to
8 the furnishing of items and services under this title and
9 under such plan or waiver authority..
10
(2) ELIMINATION
11
PROVISION.Such
12
subsection (b).
13
(3) REVISION
OF
TEMPORARY
DEEMING
section is amended by striking
OF AUTHORITY TO ENTER INTO
14
AGREEMENTS.Subsection
15
designated as subsection (b) and is amended to read
16
as follows:
17
(b) AUTHORITY TO ENTER INTO AGREEMENTS.
(c) of such section is re-
18 The Secretary may enter into an agreement with a State

19 for the purpose of reimbursing the State for medical as20 sistance provided by the Indian Health Service, an Indian
21 Tribe, Tribal Organizations, or an Urban Indian Organi22 zation (as so defined), directly, through referral, or under
23 contracts or other arrangements between the Indian
24 Health Service, an Indian Tribe, Tribal Organization, or
25 an Urban Indian Organization and another health care
S 1057 IS
321
318
1 provider to Indians who are eligible for medical assistance
2 under the State plan or under waiver authority..
3
(4) REFERENCE
CORRECTION.Subsection
(d)
of such section is redesignated as subsection (c) and
is amended
(A) by striking For and inserting DI-
RECT
(B) by striking section 405 and insert-
9
10
BILLING.For; and
ing section 401(d).

(b) SPECIAL RULES
11 CARE PROVIDERS,
12
AND
FOR
INDIANS, INDIAN HEALTH
INDIAN MANAGED CARE ENTI-
TIES.
13
(1) IN
GENERAL.Section
1932 of the Social
14
Security Act (42 U.S.C. 1396u2) is amended by
15
adding at the end the following new subsection:
16
(h) SPECIAL RULES
17 CARE PROVIDERS,
18
TIES.A
AND
FOR INDIANS, INDIAN
HEALTH
INDIAN MANAGED CARE ENTI-
State shall comply with the provisions of section
19 413 of the Indian Health Care Improvement Act (relating

20 to the treatment of Indians, Indian health care providers,
21 and Indian managed care entities under a medicaid man22 aged care program)..
23
24
(2)
APPLICATION
TO
SCHIP.Section
2107(e)(1) of the Social Security Act (42 U.S.C.
S 1057 IS
322
319
1
1397gg(1)) is amended by adding at the end the fol-
lowing:
3
4
5
(E) Subsections (a)(2)(C) and (h) of section 1932..

(c) SCHIP TREATMENT
6 ORGANIZATIONS,
AND
OF INDIAN
TRIBES, TRIBAL
URBAN INDIAN ORGANIZATIONS.
7 Section 2105(c) of the Social Security Act (42 U.S.C.

8 1397ee(c)) is amended
9
10
(1) in paragraph (2), by adding at the end the

following:
11
(C) INDIAN
HEALTH
PROGRAM
PAY-
12
MENTS.For
13
use of allotments under this title for payments
14
to Indian Health Programs and Urban Indian
15
Organizations, see section 410 of the Indian
16
Health Care Improvement Act.; and
17
(2) in paragraph (6)(B), by inserting or by an
18
Indian Tribe, Tribal Organization, or Urban Indian
19
Organization (as such terms are defined in section
20
4 of the Indian Health Care Improvement Act)
21
after Service.
S 1057 IS
provisions relating to authorizing
323
320
1
SEC. 5. NATIVE AMERICAN HEALTH AND WELLNESS FOUN-
2
3
DATION.
(a) IN GENERAL.The Indian Self-Determination
4 and Education Assistance Act (25 U.S.C. 450 et seq.) is

5 amended by adding at the end the following:
TITLE VIIINATIVE AMERICAN

HEALTH
AND
WELLNESS
FOUNDATION
6
7
10
11
12
13
In this title:
(1) BOARD.The term Board means the
Board of Directors of the Foundation.
(2)
COMMITTEE.The
term
Committee
14
means the Committee for the Establishment of Na-
15
tive American Health and Wellness Foundation es-
16
tablished under section 802(f).
17
(3) FOUNDATION.The term Foundation
18
means the Native American Health and Wellness
19
Foundation established under section 802.
20
21
(4) SECRETARY.The term Secretary means

the Secretary of Health and Human Services.
22
(5) SERVICE.The term Service means the
23
Indian Health Service of the Department of Health
24
and Human Services.
S 1057 IS
324
321
1
SEC. 802. NATIVE AMERICAN HEALTH AND WELLNESS
2
3
FOUNDATION.
(a) IN GENERAL.As soon as practicable after the
4 date of enactment of this title, the Secretary shall estab5 lish, under the laws of the District of Columbia and in
6 accordance with this title, the Native American Health
7 and Wellness Foundation.
8
(b) PERPETUAL EXISTENCE.The Foundation
9 shall have perpetual existence.

10
11
12
13
(c) NATURE
OF
CORPORATION.The Foundation
(1) shall be a charitable and nonprofit federally chartered corporation; and

(2) shall not be an agency or instrumentality
14
of the United States.
15
(d) PLACE
OF
INCORPORATION
AND
DOMICILE.
16 The Foundation shall be incorporated and domiciled in the

17 District of Columbia.
18
(e) DUTIES.The Foundation shall
19
(1) encourage, accept, and administer private
20
gifts of real and personal property, and any income
21
from or interest in such gifts, for the benefit of, or
22
in support of, the mission of the Service;
23
(2) undertake and conduct such other activi-
24
ties as will further the health and wellness activities
25
and opportunities of Native Americans; and
S 1057 IS
325
322
1
(3) participate with and assist Federal, State,
and tribal governments, agencies, entities, and indi-
viduals in undertaking and conducting activities that
will further the health and wellness activities and op-
portunities of Native Americans.
(f) COMMITTEE
TIVE
TION.
FOR THE
AMERICAN HEALTH
(1) IN
ESTABLISHMENT
AND
OF
NA-
WELLNESS FOUNDA-
GENERAL.The
Secretary shall estab-
10
lish the Committee for the Establishment of Native
11
American Health and Wellness Foundation to assist
12
the Secretary in establishing the Foundation.
13
(2) DUTIES.Not later than 180 days after
14
the date of enactment of this section, the Committee
15
shall
16
(A) carry out such activities as are nec-
17
essary to incorporate the Foundation under the
18
laws of the District of Columbia, including act-
19
ing as incorporators of the Foundation;
20
(B) ensure that the Foundation qualifies
21
for and maintains the status required to carry
22
out this section, until the Board is established;
23
(C) establish the constitution and initial
24
bylaws of the Foundation;
S 1057 IS
326
323
1
(D) provide for the initial operation of
the Foundation, including providing for tem-
porary or interim quarters, equipment, and
staff; and
(E) appoint the initial members of the
Board in accordance with the constitution and
initial bylaws of the Foundation.
8
9
10
(g) BOARD OF DIRECTORS.

(1) IN
GENERAL.The
Board of Directors
shall be the governing body of the Foundation.
11
(2) POWERS.The Board may exercise, or
12
provide for the exercise of, the powers of the Foun-
13
dation.
14
(3) SELECTION.
15
(A) IN
GENERAL.Subject
to subpara-
16
graph (B), the number of members of the
17
Board, the manner of selection of the members
18
(including the filling of vacancies), and the
19
terms of office of the members shall be as pro-
20
vided in the constitution and bylaws of the
21
Foundation.
22
(B) REQUIREMENTS.
23
(i) NUMBER
OF
MEMBERS.The
24
Board shall have at least 11 members, who
25
shall have staggered terms.
S 1057 IS
327
324
1
(ii) INITIAL
VOTING MEMBERS.The
initial voting members of the Board
(I) shall be appointed by the
Committee not later than 180 days
after the date on which the Founda-
tion is established; and
(II) shall have staggered terms.
(iii) QUALIFICATION.The members
of the Board shall be United States citi-
10
zens who are knowledgeable or experienced
11
in Native American health care and related
12
matters.
13
(C) COMPENSATION.A member of the
14
Board shall not receive compensation for service
15
as a member, but shall be reimbursed for actual
16
and necessary travel and subsistence expenses
17
incurred in the performance of the duties of the
18
Foundation.
19
(h) OFFICERS.
20
(1) IN
21
(A) a secretary, elected from among the

members of the Board; and
24
25
officers of the Founda-
tion shall be
22
23
GENERAL.The
(B) any other officers provided for in the

constitution and bylaws of the Foundation.
S 1057 IS
328
325
1
(2) SECRETARY.The secretary of the Foun-
dation shall serve, at the direction of the Board, as
the chief operating officer of the Foundation.
(3) ELECTION.The manner of election, term
of office, and duties of the officers of the Founda-
tion shall be as provided in the constitution and by-
laws of the Foundation.
(i) POWERS.The Foundation
(1) shall adopt a constitution and bylaws for
10
the management of the property of the Foundation
11
and the regulation of the affairs of the Foundation;
12
(2) may adopt and alter a corporate seal;
13
(3) may enter into contracts;
14
(4) may acquire (through a gift or otherwise),
15
own, lease, encumber, and transfer real or personal
16
property as necessary or convenient to carry out the
17
purposes of the Foundation;
18
(5) may sue and be sued; and
19
(6) may perform any other act necessary and
20
proper to carry out the purposes of the Foundation.
21
(j) PRINCIPAL OFFICE.
22
23
24
25
(1) IN GENERAL.The principal office of the

Foundation shall be in the District of Columbia.
(2) ACTIVITIES;
OFFICES.The
activities of
the Foundation may be conducted, and offices may
S 1057 IS
329
326
1
be maintained, throughout the United States in ac-
cordance with the constitution and bylaws of the
Foundation.
(k) SERVICE
OF
PROCESS.The Foundation shall
5 comply with the law on service of process of each State

6 in which the Foundation is incorporated and of each State
7 in which the Foundation carries on activities.
8
(l) LIABILITY
OF
OFFICERS, EMPLOYEES,
AND
9 AGENTS.
10
(1) IN
GENERAL.The
Foundation shall be
11
liable for the acts of the officers, employees, and
12
agents of the Foundation acting within the scope of
13
their authority.
14
(2) PERSONAL
LIABILITY.A
member of the
15
Board shall be personally liable only for gross neg-
16
ligence in the performance of the duties of the mem-
17
ber.
18
(m) RESTRICTIONS.
19
(1) LIMITATION
ON
SPENDING.Beginning
20
with the fiscal year following the first full fiscal year
21
during which the Foundation is in operation, the ad-
22
ministrative costs of the Foundation shall not exceed
23
10 percent of the sum of
S 1057 IS
330
327
1
(A) the amounts transferred to the Foun-
dation under subsection (o) during the preced-
ing fiscal year; and
(B)
donations
received
from
sources during the preceding fiscal year.
(2) APPOINTMENT
AND
private
HIRING.The
ap-
pointment of officers and employees of the Founda-
tion shall be subject to the availability of funds.
(3) STATUS.A member of the Board or offi-
10
cer, employee, or agent of the Foundation shall not
11
by reason of association with the Foundation be con-
12
sidered to be an officer, employee, or agent of the
13
United States.
14
(n) AUDITS.The Foundation shall comply with
15 section 10101 of title 36, United States Code, as if the

16 Foundation were a corporation under part B of subtitle
17 II of that title.
18
19
(o) FUNDING.
(1) AUTHORIZATION
OF APPROPRIATIONS.
20
There is authorized to be appropriated to carry out
21
subsection (e)(1) $500,000 for each fiscal year, as
22
adjusted to reflect changes in the Consumer Price
23
Index for all-urban consumers published by the De-
24
partment of Labor.
S 1057 IS
331
328
1
(2) TRANSFER
OF
DONATED
FUNDS.The
Secretary shall transfer to the Foundation funds
held by the Department of Health and Human Serv-
ices under the Act of August 5, 1954 (42 U.S.C.
2001 et seq.), if the transfer or use of the funds is
not prohibited by any term under which the funds
were donated.
8
9
SEC. 803. ADMINISTRATIVE SERVICES AND SUPPORT.
(a) PROVISION
OF
SUPPORT
BY
SECRETARY.Sub-
10 ject to subsection (b), during the 5-year period beginning

11 on the date on which the Foundation is established, the
12 Secretary
13
14
(1) may provide personnel, facilities, and other

administrative support services to the Foundation;
15
(2) may provide funds for initial operating
16
costs and to reimburse the travel expenses of the
17
members of the Board; and
18
19
(3) shall require and accept reimbursements

from the Foundation for
20
21
(A) services provided under paragraph

(1); and
22
(B) funds provided under paragraph (2).
23
(b) REIMBURSEMENT.Reimbursements accepted
24 under subsection (a)(3)
S 1057 IS
332
329
1
(1) shall be deposited in the Treasury of the
United States to the credit of the applicable appro-
priations account; and
(2) shall be chargeable for the cost of provid-
ing services described in subsection (a)(1) and travel
expenses described in subsection (a)(2).
(c) CONTINUATION
OF
CERTAIN SERVICES.The
8 Secretary may continue to provide facilities and necessary

9 support services to the Foundation after the termination
10 of the 5-year period specified in subsection (a) if the facili11 ties and services
12
(1) are available; and
13
(2) are provided on reimbursable cost basis..
14
(b) TECHNICAL AMENDMENTS.The Indian Self-De-
15 termination and Education Assistance Act is amended

16
(1) by redesignating title V (as added by sec-
17
tion 1302 of the American Indian Education Foun-
18
dation Act of 2000) (25 U.S.C. 458bbb et seq.)) as
19
title VII;
20
(2) by redesignating sections 501, 502, and 503
21
(as added by section 1302 of the American Indian
22
Education Foundation Act of 2000) as sections 701,
23
702, and 703, respectively; and
24
(3) in subsection (a)(2) of section 702 and
25
paragraph (2) of section 703 (as redesignated by
S 1057 IS
333
330
1
paragraph (2)), by striking section 501 and in-
serting section 701.
S 1057 IS
334
Senator ENZI. Chairman McCain, welcome to our home.
STATEMENT OF HON. JOHN MCCAIN, U.S. SENATOR FROM
ARIZONA, CHAIRMAN, COMMITTEE ON INDIAN AFFAIRS
Senator MCCAIN. Thank you very much, Mr. Chairman. I will

make my statement part of the record and ask unanimous consent
to do so.
I would just like to comment that this act is long overdue. It is
important. I think you, in your opening statement, articulated the
importance of this legislation very well. I am very pleased for Senator Dorgan and I to have the opportunity to work with you and
Senator Kennedy and get this bill done. It is long overdue.
Thank you, Mr. Chairman.
Senator ENZI. Thank you.
[Prepared statement of Senator McCain appears in appendix.]
Senator Dorgan.
STATEMENT OF HON. BYRON L. DORGAN, U.S. SENATOR FROM
NORTH DAKOTA, VICE CHAIRMAN, COMMITTEE ON INDIAN
AFFAIRS
Senator DORGAN. Mr. Chairman, let me just add my thank you,

and ask that my statement be made a part of the record. I have
said often I think we have a bona fide emergency in health care
on Indian reservations, the first Americans. I hope very much that
this hearing is one more stimulus towards finally passing this legislation. We should have done it in the last session of Congress, but
we were unable to get there.
So my hope is, and I believe Senator McCain and I have worked
very hard and appreciate your cooperation to do this. My hope is
that we will get a bill to the President for signature that advances
health care on Indian reservations and with Native Americans.
Thank you very much.
Senator Kennedy.
STATEMENT OF HON. EDWARD M. KENNEDY, U.S. SENATOR
FROM MASSACHUSETTS
Senator KENNEDY. Mr. Chairman, I want to first of all join you

in thanking Senator McCain and Senator Dorgan for inviting us to
participate in this program. As we know, they have the primary jurisdiction in terms of where Native Americans are living, and the
enormous health disparities that exist for Native Americans in Indian country.
We know that also there are a number of Native Americans who
are in urban areas. We want to try and make sure, to the extent
that we can, is harmonize whatever we are doing here and in your
committee so it ties on into the excellent legislation which they
have introduced.
I just want to commend them. It has been far too long since the
Senate addressed this issue. We have many health challenges in
this Nation, but the disparity issue is such a compelling one. We
will hear time after time of what is happening out there in Indian
country this afternoon. And that is absolutely intolerable in our
country and in our society.
335
Once in a while we get disparities in urban areas among different kinds of groups, but if we look at the total range of health
disparities, it does not exist in any place in our Nation as it exists
with Native Americans. This cries out for action. It cries out for response.
I just want to thank Senator McCain and Senator Dorgan for
their leadership. This legislation is way, way overdue. I thank you
for having the hearing and giving the spotlight on this. I pledge to
work with you and our colleagues to do what we can so we have
a seamless web in trying to make sure that those whose tradition
comes from Indian land are going to have the kind of health care
needs that they are entitled to in our Nation.
I thank you, and I would like to ask that my full statement be
put in the record.
[Prepared statement of Senator Kennedy appears in appendix.]
Senator ENZI. Without objection, all statements will be in the
record.
I think you can tell from the opening statements that there is a
lot of passion behind this, so lets get on to the witnesses. Our first
witness is Dr. Charles Grim. Dr. Grim is the director of Indian
Health Service. He is the Assistant Surgeon General and holds the
rank of Rear Admiral in the Commissioned Corps of the Public
Health Service. We thank you for being here, Dr. Grim.
STATEMENT OF DR. CHARLES GRIM, DIRECTOR, INDIAN
HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN
SERVICES, ACCOMPANIED BY ROBERT G. MCSWAIN, DEPUTY
DIRECTOR; GARY HARTZ, DIRECTOR, OFFICE OF ENVIRONMENT
HEALTH
AND
ENGINEERING;
AND
CRAIG
VANDERWAGEN, M.D., ACTING CHIEF MEDICAL OFFICER
Mr. GRIM. Thank you, Chairman Enzi.

Mr. Chairman and members of the committee, we are very appreciative of this joint hearing that you agreed to hold and we are
very honored to be able to testify before you here today on the important issue of the reauthorization of the Indian Health Care Improvement Act.
My name is Dr. Charles Grim. I am accompanied today by Robert McSwain, my deputy director; Craig Vanderwagen, our acting
chief medical officer; and Gary Hartz, our director for the Office of
Environmental Health and Engineering. I will be giving the opening comments for the Department, but my colleagues are with me
today so that we can respond to your questions.
This month, July 2005, marks the 50th anniversary of the Transfer Act, Public Law 83568, which officially transferred the Indian
health programs from the Bureau of Indian Affairs [BIA] to the
U.S. Public Health Service, effectively establishing the Indian
Health Service. The Transfer Act provided that all functions, responsibilities, authorities and duties relating to the maintenance
and operation of hospitals and health facilities for Indians and the
conservation of Indian health shall be administered by the Surgeon
General of the United States Public Health Service.
This transfer was significant in that our program was moved to
an executive branch department, then the Department of Health,
Education and Welfare, and now the Department of Health and
336
Human Service. This transfer was more appropriate to the role of
the Federal Government in addressing the health care needs of
American Indians and Alaska Natives. Since the Transfer Act, the
health status of Indians have improved significantly.
Today, we are here to discuss another significant milestone in
the evolution of our Federal Governments responsibility for the
provision of health services to American Indians and Alaska Natives, the Indian Health Care Improvement Act which was first authorized in 1976. It forms the backbone of the system through
which the Federal health programs serve American Indians and
Alaska Natives and encourage their participation in these and
other programs.
IHS has the responsibility for the delivery of health services to
more than 1.8 million federally recognized American Indians and
Alaska Natives through a system of IHS, tribal and urban Indianoperated facilities in programs based on treaties and judicial decisions and statutes. The mission of the agency is to raise the physical, mental, social, and spiritual health of the American Indian
and Alaska Natives to the highest level in partnership with the
population we serve. Our goal is to assure that comprehensive, culturally appropriate, acceptable personal and public health services
are available and accessible.
Our foundation is to uphold the Federal Governments responsibility to promote healthy American Indian and Alaska Native
people, communities and cultures, and to honor and protect the inherent sovereign rights of tribes.
The Indian Health Care Improvement Act builds upon the Snyder Act of 1921, which authorized regular appropriations for the relief and distress and conservation of health of American Indians
and Alaska Natives. Like the Snyder Act, the Indian Health Care
Improvement Act authorizes programs that deliver health services
to Indian people, as well as providing additional directives and
guidance.
For example, the Indian Health Care Improvement Act contains
specific authorities addressing recruitment and retention of health
professionals serving Indian communities, the provision of health
services, the construction, replacement and repair of health care facilities, access to health services, and the provision of health services to urban Indian people.
We are here today to discuss the reauthorization of the Indian
Health Care Improvement Act and its impact on programs and
services provided for in current law. S. 1057 proposes to amend
current program authority to assure the highest possible health
status for Indians. Improving access for health care for all eligible
American Indians and Alaska Natives is critical to achieving this
goal and a priority for all those involved in the administration of
this important program.
S. 1057, however, also provides expansions which may negatively
impact access by requiring the secretary to consult, negotiate, develop reports and establish programs and activities beyond the reasonable scope necessary to effectively implement the Indian Health
Care Improvement Act. In S. 1057, between desire to improve access and provisions that potentially compromise access, we hope to
find a means for achieving our common goal.
337
Since enactment of the Indian Health Care Act in 1976, statutory
authority has substantially expanded programs and activities to
keep pace with advances in health care delivery and administration. Federal funding for the Indian Health Care Improvement Act
has contributed billions of dollars to improve the health status of
American Indians and Alaska Natives. Much progress has been
made, particularly in the areas of infant and maternal mortality.
The Department has also reactivated the Intra-departmental
Council on Native American Affairs to provide a consistent HHS
policy when working with more than 560 federally recognized
tribes. This council, which was authorized in the Native American
Programs Act of 1974, gives the IHS Director a highly visible role
within the Department on Indian policy. I serve as the vice chair
of that council.
The Department has also revised our consultation policy recently
through a process which involved tribal leaders. The policy emphasizes the unique government-to-government relationship between
Indian tribes and the Federal Government and assists in improving
services through better communications. Consultation is conducted
at different levels and includes annual budget consultations with
tribes to ensure their participation in this important process. The
annual budget meetings provide tribes with an opportunity to meet
directly with all department agencies and identify their priorities
for upcoming years.
In addition, the Centers for Medicare and Medicaid Services has
established a technical tribal advisory group which was established
to provide tribes a vehicle to communicate concerns and comments
to CMS on Medicare, Medicaid and SCHIP policies impacting their
members. IHS has been vigilant about improving outcomes for Indian children and families with diabetes by increasing education
and physical activity programs aimed at preventing and addressing
the needs of those susceptible or struggling with this potentially
disabling disease.
The Department has not been a passive observer of the health
needs of eligible American Indians and Alaska Natives, yet we recognize the health disparities among this population do exist and
are among some of the highest in the Nation for certain diseases,
as you pointed out. We know that improvements in access to IHS
and other Federal programs and private sector programs will result
in improved health status for Indian people.
We support the provisions that increase the flexibility of the Department to work with tribes and urban Indian programs to increase the availability of health care, including new approaches to
delivering care and to expand the scope of health services available
to American Indians and Alaska Natives. I commend Congress for
including in S. 1057 various changes that respond to the concerns
raised in previous proposals. Some of the changes improve the ability of the Secretary to effectively manage the program.
In the area of behavioral health, title VII of S. 1057, it provides
for the needs of Indian women and youth and expands behavioral
health service to include a much-needed child sexual abuse and
prevention treatment program. The Department supports this effort, but opposes specific requirements in certain sections of this
title, specifically 704, 706 and 711. Essentially, it is a shall ver-
338
sus may issue that diminishes the flexibility of the secretary in
providing for these important programs in a manner that supports
the local control and priorities of tribes and be able to address their
specific needs.
The Department also opposes a new section 104(a)(2) which proposes to allocate the Indian Health Profession Scholarship Program
funding by formula to the 12 IHS areas. If allocation by formula
is authorized, students will not be given an opportunity to apply
for a scholarships if their area does not receive an adequate allocation and if their desired profession is not considered a priority in
their area, even though there may be great needs nationally for
such professions. We would recommend that this program remain
a national program.
My written testimony includes other specific areas of concern. In
addition, the Department continues to carefully analyze all provisions contained in S. 1057. The department would like to continue
to work with your committees to discuss our concerns with the bill
as drafted.
Based on the work that has occurred between the Department
and congressional committees in the 108th Congress on the predecessor proposal, S. 556, to this current bill S. 1057, I am confident
that we can reach a mutual agreement on a bill that can be acceptable to our parties, including tribes and urban Indians, and raise
their health status in the years to come.
I would be pleased to answer any questions that you may have,
and thank your for having us today.
[Prepared statement of Dr. Grim appears in appendix.]
Senator ENZI. Thank you very much for being here. I will mention that we are going to have some confusion with votes that are
starting at 3 p.m. today, but one of the things that we do by having
people serve on panels, we are hoping that they are also open to
written questions. A lot of times we have written questions anyway
that go into much more detail than would be possible for us to be
able to do in a forum like this.
So we hope that all witnesses will be open to answering written
questions, from all committee members. Our purpose is to build a
record so that we have the capability to write the best bill. I appreciate the testimony you have given.
As you might be aware, I am very interested in expanding health
information technology to all health care providers. We have done
some legislation on that. Could you briefly tell me what kinds of
information technology activities are occurring in the Indian
Health Service? More importantly, are there any barriers to broader implementation of those programs?
Mr. GRIM. The Indian Health Service has had electronic health
records for many, many years. Just this year, we started the implementation of a fully electronic graphical user interface health
record. It has now been rolled out in 24 of our sites. We are in
hopes that by the year fiscal year 2008 or 2009, we will have a
fully electronic health record in all of our programs. We are making
use of the latest technology that there is. We have tele-health programs that are excellent that are in the State of Alaska that tie
all of the community health clinics into some of the regional hub
hospitals. We are looking at the expansion of tele-medicine across
339
our agency in the years ahead. We have it in various sites, but not
others.
So I would say, Senator, that we are I think right on the cutting
edge. We are working with the Presidents Health Information
Technology Program. We have representatives that are sitting on
that. I would be happy to answer anything further or more details
that you might about that for the record.
Senator ENZI. I will do some followup questions in writing.
Senator McCain.
Senator MCCAIN. Thank you very much, Dr. Grim.
For the record, you might mention who is accompanying you at
the table.
Mr. GRIM. Okay. I have my deputy director, Robert McSwain;
Gary Hartz, our director for the Office of Environmental Health
and Engineering; and Craig Vanderwagen, our chief medical officer.
Senator MCCAIN. Welcome.
Doctor, we have been around this track a few times before, as
you know.
Mr. GRIM. Yes, sir.
Senator MCCAIN. Last year, you raised several objections. We
tried to accommodate them. A lot of those objections have to do
with flexibility. You want maximum flexibility for the Department
to work on meeting the health care needs of Indian people. I understand that. Most bureaucracies do. But some of the objections you
raised last year and this year seem to reflect an unwillingness to
accord the same flexibility to Indian tribes. We find that not proportional. What is your response?
Mr. GRIM. I would just say that we would continue to work with
the committee if there are specific provisions in the bill where you
think that we are giving up the tribes flexibility I would be more
than happy to discuss it.
As I mentioned earlier, we have a very robust consultation policy
within both the Department and the Indian Health Service, and do
not make any major policy or budgeting decisions without consulting tribes. So we would be more than happy to work with the committees on those specific issues.
Senator MCCAIN. One specific issue, you raise objection to the
GAO preparing a comprehensive baseline report on Indian health
facilities that is presently in the bill.
Mr. GRIM. Yes, sir.
Senator MCCAIN. Yet your department has never been able to
provide the tribes or Congress any total information on the number, size or status of the Indian health facilities. If the GAO does
not prepare a comprehensive baseline report, then who does?
Mr. GRIM. The reason that we made those comments, Senator
McCain, is that the agency has been in the process over the course
of the last 112 years in consulting with tribes on a new priority system for the agency. It will be a more expansive type of priority system than our current one. We are in the final process of that. We
had a tribally driven work group called the Facilities Appropriation
Advisory Board, made up of tribal members across the Nation that
developed a priority system recommendation with waiting and criteria.
340
We sent that out to tribal leaders all across the Nation. We received over 800 comments on that. The group incorporated those
and they are very close to making a recommendation to me. That
will be a much more comprehensive listing than we currently have.
That was the reason we asked that reference to GAO doing that
report be removed. We feel that we are very, very close to implementing that. It has been through tribal consultation.
Senator MCCAIN. How does a GAO baseline report interfere with
any of the things you just said? Are you concerned about needless
expenditure of taxpayer dollars? I do not see how a GAO report
would interfere with any of the good things that you just described.
Mr. GRIM. Our concern, I think, is that it would take additional
time of agency staff. We are almost there. We almost have the
data. We would have to work with GAO I think rather extensively
to get the data transferred over to them into a report, but if that
is the committees wish.
Senator MCCAIN. Mr. Chairman, I have several questions I
would like to submit for the record. I thank you, Mr. Chairman.
I thank the witnesses.
Mr. GRIM. Certainly, Senator.
Senator ENZI. Senator Dorgan.
Senator DORGAN. Mr. Chairman, thank you very much.
Dr. Grim, you and I have had plenty of opportunity across the
dais to talk about these issues. I will not ask you again the question, what was your recommendation to the Office of Management
and Budget for funding for the Indian Health Service. Was it substantially different than that which was expressed in the Presidents budget to the Congress? I have asked you that a couple of
times and I think you have felt like you have been unable to answer it or unwilling to answer it and would probably get in trouble
if you answered it. Do you still feel that way?
Mr. GRIM. Yes, sir. [Laughter.]
Senator DORGAN. Why dont we get you in trouble today? [Laughter.]
Let me ask you, at a recent hearing one of the witnesses who testified after you and Dr. Carmona spoke mentioned that the Indian
Health Service is funded at about 40 percent or 45 percent of the
level of need. What is your assessment of that? Almost all of us
would agree that there are in many cases a bona fide emergency
with respect to health care on reservations, so it is funded at something below the level of need. What is your assessment of the statement that it is only at 40 percent or 45 percent?
Mr. GRIM. We have some data on that and we can provide that
for the record, Senator Dorgan.
Senator DORGAN. But do you think it is 50 percent of the level
of need or 75 percent of the level of need? Any notion?
Mr. GRIM. We have data that we update annually on that and
I cannot recall what the exact numbers are right now, but we will
provide that.
Senator DORGAN. Do any of your staff know the answer to that?
It just seems to me like that is a pretty fundamental question.
What is the need out there and how close are we to meeting the
need? I have said before in other venues that we have a trust responsibility for health care for American Indians. We also have re-
341
sponsibility for health care of Federal prisoners, and we spend
about twice as much per capita for Federal prisoners health care
as we do for Native Americans.
So it seems to me just by observation we are something substantially below the level of need. I am trying to determine whether we
have any notion of what that is.
Mr. GRIM. We do have a notion of what that is. I do not know
if it has been updated for the current fiscal year, Senator Dorgan,
but it is somewhere in the nature of 60 percent.
Senator DORGAN. At 60 percent? All right. That would suggest
we are about 40 percent short of fulfilling the need, which is really
a serious, serious omission.
My colleague, Senator McCain, asked the question about the
health care facilities. I believe this year the recommendation is a
cut in health care facilities. I think it is around $70 million, $75
million. I would share his question about why would anybody object
to a GAO baseline report. I understand that you are working on
a priorities list. I also understand from an inquiry I made yesterday that that is about 6 months or 9 months away.
Mr. GRIM. We have done the master health services planning for
that whole process across our regions, but you are probably accurate in an about 6-month timeframe before a final report would be
done. What we still have yet to do is we have told the tribes that
if the recommendations that all came in resulted in a significant
change to either the criteria that we were suggested or the
weighting of the criteria, that we would come back to tribal leadership one more time, show them the formula, talk to them about the
changes that had been made and why those had been made based
on the recommendations from around the Nation. And then if there
was not significant disagreement, we would implement that new
priority system, run all of our health services master plans through
that, and then come up with a comprehensive list.
Senator DORGAN. Yes; there is an urgency to do that and get that
done as quickly as possible. I hope you would not object to the requirement in the bill with respect to the GAO. If it is duplicative,
so be it. Although perhaps by the time that would be implemented,
you would have finished your report.
I think certainly on behalf of those of us who serve on the Committee on Indian Affairs, there is an urgency here to find a way
for us to move this legislation forward. We are very frustrated. We
could not do it last year. We should do it now. I hope that you and
others will play a constructive role in letting us, not letting us, in
cooperating with us to move this legislation sooner rather than
later.
Mr. GRIM. Yes, sir; Senator Dorgan.
Senator DORGAN. Thank you, Mr. Chairman.
Senator Murkowski.
Senator MURKOWSKI. Thank you, Mr. Chairman.
Welcome, Dr. Grim. I always appreciate your being here and
hearing from you. Your statement this afternoon does not make
any reference to the Dental Health Aide Therapist Program. We
are going to be hearing a little bit more on the third panel this
342
afternoon. As a dentist and as a public health professional, can you
give your opinion regarding this program?
Mr. GRIM. I have traveled to Alaska numerous times, as you
know.
Senator MURKOWSKI. And we like that.
Mr. GRIM. I am looking forward to coming again sometime soon.
I have traveled with our former secretary to that region. We did
have an opportunity to talk with the tribes about that particular
program the last time we were up there last summer. We felt that
the program had merit, and since then additional views have been
coming forward and additional concerns.
We are continuing to meet with all the parties that are concerned. We have met with the Alaska tribes. We have met with the
American Dental Association. We continue to try to look for a solution to the problems of the high levels of unmet dental care that
occur in the bush in the very rural parts of Alaska. We are committed to working with you and with the tribes there to try to resolve
that issue.
Senator MURKOWSKI. Some of us feel that one way to resolve it
is through this Dental Health Aide Therapist Program. Can you
kind of speak to some of the challenges that IHS has in recruiting
dentists for rural Alaska and to these villages?
Mr. GRIM. Yes; I can, Senator. We currently have about a 24 percent vacancy rate for dentists nationally, IHS-wide. The last statistics that I had seen from the tribes in Alaska showed that in the
outer-lying parts of Alaska that number is getting close to about
50 percent. We are having trouble nationally recruiting dentists
into many of our programs.
So we continue to work with organizations like the American
Dental Association. We work with the U.S. Association of Colleges
of Dentistry to try to do what we can to recruit at locations like
that, but currently we are simply lacking the ability to fill those.
Senator MURKOWSKI. Are you having any success with that recruitment then?
Mr. GRIM. We are able to fill our positions to this level, but we
seem to be at about this level and cannot seem to quite get over
to filling greater than about 75 percent of our dental positions right
now. It has been hovering around that for a couple of years.
Senator MURKOWSKI. So as we look into the future, then, with
meeting the dental health care needs of our Alaska Natives in our
villages, do you see a way that we are going to be able to get
enough dentists out there in rural Alaska to meet the need?
Mr. GRIM. I think it is going to require a long-term concerted effort, but I am always hopeful that we are going to be able to do
that. We continue to have moneys in our scholarship and loan repayment programs that we use to try to train new native students,
and I think we need to continue to try to be very aggressive at recruiting current Alaska Natives who want to get into dental school
and try to encourage them to do that; get them into our scholarship
program and hopefully have them go back home and serve their obligations in their communities, and then continue to stay with their
tribal programs and serve out their professional career.
I do think it is going to be a long-term effort. We are working
with all sorts of individuals, as I said, universities and the Amer-
343
ican Dental Association, among others, to try to jointly work on
that issue for the Indian Health Service.
Senator MURKOWSKI. You have kind of ducked the specific question of how you feel about the Dental Health Aide Therapist Program. What I am hearing you say is you recognize the need. We
have to do something. We must do something and that you are
going to be working with us on that.
Mr. GRIM. Yes; Senator Murkowski.
Senator MURKOWSKI. Thank you, Mr. Chairman.
Senator Reed.
Senator REED. Thank you, Mr. Chairman.
Thank you, Dr. Grim.
Let me follow on with Senator Murkowskis question and broaden it to recruiting other health care professionals. It is not just
dentists you have a problem recruiting. Could you lay out the
shortcomings for recruiting as you see them today?
Mr. GRIM. I can give you some specifics on percentages of where
we are right now in many of the professions. I can supply that for
the record. Really, a lot of what we deal with tracks with what the
Nation as a whole is. There is a nursing shortage, and so we are
facing difficulty recruiting nurses as well. Pharmacy and dentistry
continue to be areas where we have high vacancy rates, too, and
it seems to track with some of the needs in the Nation as a whole.
So not only are we facing the private sector economy trying to
recruit the same types of people. Many times our locations are
rural and isolated and so we have the difficulty of that as well on
top of it. But we do have, as I said, scholarships and loan repayment programs. We have very active recruitment programs for
nursing, medicine, dental, pharmacy, and we are doing the best we
can.
I know the professions themselves are looking at those issues,
too, as they see the numbers of certain types of professions, you
know, more people retiring than are graduating and what it is
going to mean for the country.
Senator REED. Is there more that we can do to assist you in
terms of legislation or appropriations? Is this simply a social problem that is beyond any additional help from us?
Mr. GRIM. I guess if I knew the answer, we might already be
here. Yet we would welcome any help that the committee might be
able to provide us. We are still studying the issues, too, and working with the various professional organizations. We have a large
group of professional organizations we work with on a regular
basis. They are all very, very supportive of our program and try to
help us within their own ranks of their professions, but we still
face those difficulties. Thank you for your support.
Senator REED. Doctor, Senator Dorgan alluded to the budget
shortfalls which your rough estimate is about 40 percent gap between the need and the resources. In high-cost parts of the country
like Rhode Island, where we have the Narragansett Tribe, not only
is this funding insufficient, but the costs are significantly higher.
Is there any attention to these areas? Where there are high costs,
housing costs in the area where the tribe has their tribal lands
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growing at 100 percent, I am not exaggerating, in the last five
years. It is incredible.
Mr. GRIM. I believe you.
Senator REED. It is hard to just maintain the staff. They have
not had a raise in 5 years. Is there any attention to these specifically high-cost areas?
Mr. GRIM. Well, there are some pay adjustments that staff can
get for living in higher cost areas, but one of the things that we
are trying to do is to recognize it on a formula allocation basis. As
I said, whenever we get any new additional program increases, we
consult with tribes on how that is distributed across the Nation. As
they have joined us in the process and the agency not making those
decisions alone, our formulas for distributing money have become
more and more complex, but more sensitive to issues like that. We
have certain formulas now for types of funds that we give out that
a portion of the funds are given out based on the nearest metropolitan area and the costs in that area. So we are trying to take some
of that into account now as we allocate funds. We will divide a formula into three parts and maybe one-third is devoted to the costs
in an area. So if you live in a higher-cost area, you get more funds
in that component of the formula. So we are trying to do that to
try to address it within the funds that we have.
Senator REED. Thank you very much, Doctor.
Thank you, Mr. Chairman.
I would mention that Senator Inouye could just be here briefly
between committee meetings and the vote. He does have a statement to submit and questions that he will want to have submitted,
too. And that is open to members of both committees, as well.
Senator Coburn.
Senator COBURN. Thank you, Senator.
Welcome from one Oklahoman to another. Glad to see you again,
Dr. Grim.
Mr. GRIM. Thank you, Senator. Good to see you.
Senator COBURN. Would you like to have an irreversible dental
procedure done on you by a dental health aide? Would you want
your family to have an irreversible dental procedure done by a dental health aide that has a high school graduation and some foreign
training?
Mr. GRIM. I think if I was in a situation where I was in pain
with a lack of adequately trained dentists, I would be able to do
that.
Senator COBURN. That is my whole point. We are going to give
less quality because we are not meeting our need. I just came
through a campaign and one of the things I was critical of, and I
am critical of, is health care to Native Americans, with six times
the rate for dialysis for Native Americans, six times the rate, which
says we are not doing diabetes right. The question is, the ADA opposes this, but why cant you work out a deal where they have
locum tenens up there? If they really do not want this to happen,
why wont they volunteer for service up there? Lets work a deal.
Lets have them do the right thing.
You create an environment where we can have dentists who will
volunteer their services for Native Alaskans and solve this problem
345
while we are in a shortfall. I think you will find that they will be
agreeable to that. I think that would solve the problem. But this
idea of not meeting our obligation, meeting it by name, but not in
quality, I think is one of the most critical things we have to do at
the Indian Health Service. That is by no means a reflection on the
people who work there. You have a burden and you do not have
the resources with which to carry out the completion and attack
that burden.
With your electronic medical record, have you instituted best
practices, especially for diabetes?
Mr. GRIM. Yes, sir; we have.
Senator COBURN. And that is being followed? Are you tracking
that to see the better outcomes and lower hemoglobin and A(1)(c)s
and better compliance?
Mr. GRIM. Yes, sir; we have. We have seen a downward trend in
the hemoglobin A(1)(c)s. We are seeing better blood pressure control; better us of the ACE inhibitors. We have an extensive database of almost our entire diabetic patient population, tracking both
clinical indicators. We also with the special diabetes program funds
for Indians that Congress made available for us, we have just recently released the report to Congress that shows a huge increase
in the number of both primary and secondary prevention programs
in Indian Country that were present now, prior to the funds were
not available to the population.
So we are seeing a very positive trend in the care of diabetes. We
have been in the diabetes care business for many years. In fact, the
diabetes grant funds, one of the things we did was put together
with professional experts in the agency and the American Diabetes
Association a series of 11 or 12 best practices that tribes could use
in their grants, depending on what were the particular problems in
their communities, and suggested ways they might assess which of
those they wanted to do. So I think we have done an outstanding
job with the use of the funds that Congress given. Tribes deserve
a lot of credit for that because the vast majority of those funds
went directly to tribes. They have implemented a lot of great programs.
Senator COBURN. I would just note that the Congress refused to
support recently with an amendment that I offered for additional
funding for diabetes prevention. We are going to buy more land,
rather than take care of the Native American obligation that we
have. It was pretty disappointing to me. I think we got 17 votes
in the Senate to fund prevention activities for diabetes, so it might
reflect on the Senate where our priorities are.
Do you ongoing tracking on prevention across the board within
Indian Health Service?
Mr. GRIM. Yes, sir; we do. We have long been an agency and a
health care system that focuses on prevention, not just in the clinic, but also in environmental health arenas as well, and safe water
and sanitation facilities, to make huge improvements.
Senator COBURN. So can you give me a time at which we are
going to see the same type of diabetic control in the Indian population, Native American population, that we see in the rest of the
population in this country?
346
Mr. VANDERWAGEN. Dr. Coburn, I would say right now we are
probably leading the Nation in diabetic treatment, not necessarily
primary prevention, but in secondary prevention through effective
treatment with evidence-based best practices. I would say we have
evidence to support the assertion that we are probably leading the
country right now.
Senator COBURN. So we are going to see a decline in complications, amputations, dialysis?
Mr. VANDERWAGEN. In fact, we have had a 50-percent decline
over the last 5 years in amputations. We are the only sub-population where deaths due to ESRD have declined between 2000 and
2002. I think the Senate, the Congress invested well in putting
that money into that diabetes effort. Now, can we extend it to heart
disease, cancer and other chronic diseases is the real challenge that
I think we are facing in Indian country.
Senator COBURN. Well, best practices is going to help you do
that. This is a great example to help us know how we solve the rest
of the health care problem in this country. It is called prevention.
It is not treatment after the fact. It is prevention. And you all are
to be complimented on the institution of best practices because it
is what it is going to take for us to get out of the health care crisis
that we are in in this country. My hat is off to you. I just want
to see the results coming forward, and then work on the prevention
in terms of diet because that is just as important for not only the
Native American community, but the entire American community.
Mr. GRIM. Our three primary focus areas that we have been
working with tribes around the country on are health promotion,
disease prevention, behavioral health issues, both alcohol, substance abuse and mental health, as well as those behavioral issues
with the lifestyle diseases like diabetes and chronic disease management. We are looking at better models with now that we might
put in place in many of our programs because we do have a huge
burden right now of patients that already have these diseases, but
we are focusing on all three of those areas. Again, we are looking
at some best practice models in chronic disease management that
we will start using in some other disease areas.
Senator COBURN. I can ask this later and ask it formally as part
of the record, do you have tracking on malpractice claims within
the Indian Health Service as relative to outside of the Indian
Health Service? Can you give that data to the Committee so that
we can look at it?
Mr. GRIM. Yes, sir; I believe we can.
Mr. VANDERWAGEN. In brief, it is about 100 cases per year that
come to torts. That rate really is about 50 percent compared to the
private sector.
Senator COBURN. Come to trial or that are filed?
Mr. VANDERWAGEN. That are filed and deemed worthy and are
carried forward. That has been a pretty steady state for about the
last 10 or 15 years, some slight trending up. Most of that is associated with our larger, more complex hospitals, but we would be
happy to give you the full picture.
Senator COBURN. Thank you very much.
Let me just thank you again for your service, and I am proud you
are an Oklahoman.
347
Mr. GRIM. Thank you.
Senator ENZI. Senator Murray.
STATEMENT OF HON. PATTY MURRAY, U.S. SENATOR FROM
WASHINGTON
Senator MURRAY. Mr. Chairman, I know that we have a series

of votes on and another panel to come before us. I will be very
brief.
I just want to really thank you and Senator Enzi for having this
joint hearing. I hope that this allows the members of our Health
Committee to really begin to understand this legislation so we can
move it forward. I think we all understand the severe crisis facing
our tribal communities today and the responsibility that we have
to make sure that we address some of the tremendous disparities
that are out there.
I am very pleased that my friend Ralph Forquera, who is from
the Seattle Indian Health Board, is part of the second panel. I
think he is going to provide us with some really excellent information concerning Native Americans who live in urban areas. I am
pleased that he is here. I am sorry that we are going to be having
votes and I will be missing much of his testimony, but it is very
important for our committee to hear that.
I think when we hear the statistics about the fact that Native
Americans are much more likely to die from specific diseases, 420
percent more likely to die from diabetes, 52 percent more for pneumonia and influenza. It goes on and on. I think we have a responsibility, really, to address that.
So Mr. Chairman, I will not ask a question at this time. I will
submit them for the record. Dr. Grim, if you could respond because
I do know we have a series of votes. I am really pleased that we
are having this hearing and allowing our Committee to begin to
understand this problem and help move it forward.
Thank you very much.
Mr. GRIM. Thank you for your interest.
Senator MCCAIN. Thank you very much, Dr. Grim. You got off
easy today. We had a series of vote. [Laughter.]
Mr. GRIM. Thank you for that, Senator McCain.
Senator MCCAIN. Thank you. We would really like to get down
to some serious negotiations so we can get this thing done as quickly as possible. That is going to require, and I know some of this
is not totally up to you, but some of it going to require some concessions on both sides. We do have another body that has to consider
it as well, who we have been in constant communication with, but
this is almost an abrogation of our responsibilities when we do not
address this much-needed legislation.
So thank you, and thank your colleagues for all you do.
Our next panel is Rachel Joseph. She is the chairperson of the
Lone Pine Paiute Shoshone Reservation in Lone Pine, CA. She is
also the cochair of the National Steering Committee for the Reauthorization of the Indian Health Care Improvement Act.
Mr. Don Kashevaroff is the president of the Seldovia Village
Tribe in Alaska. He is also the president and chairman of the Alaska Native Health Tribal Consortium. We are glad you could travel
this long distance to be with us today.
348
I would also like to send a special welcome to Richard Brannan,
the chairman of the Northern Arapaho Business Council from Fort
Washakie, WY. Thank you very much from Fort Washakie, WY. I
thank you for being here today. I have appreciated all the expertise
on tribal issues that you have provided to us over the years. I know
the committee will appreciate your testimony.
I would also like to introduce Ralph Forquera, the executive director of the Seattle Indian Health Board in Seattle, WA.
Ms. Joseph, it is nice to see you. Please begin.
Ms. JOSEPH. Thank you, Mr. Chairman.
Senator MCCAIN. By the way, my colleagues are voting and they
will be coming back and forth. I want to extend my apologies for
the interference of our parliamentary procedures. Welcome, Ms. Joseph.
STATEMENT OF RACHEL A. JOSEPH, CHAIRPERSON, LONE
PINE PAIUTE SHOSHONE RESERVATION
Ms. JOSEPH. Thank you, Mr. Chairman.

I am here today to present testimony on behalf of the National
Steering Committee for the Reauthorization of the Indian Health
Care Improvement Act, the National Indian Health Board and the
National Congress of American Indians. Thank you for this joint
hearing and providing me the opportunity to testify in support of
S. 1057.
The message of Indian nations across the country is please reauthorize the Indian Health Care Improvement Act this year. This
act enacted in 1976 declared this Nations policy to elevate the
health status of our population to the highest possible level. We believe this should be at parity with the general U.S. population.
Nearly 30 years later, we are no where near achieving this goal.
However, S. 1057 would facilitate forward movement.
Health care reality in Indian country compared to the general
population is our people still die due to accidents 204 percent
greater than rest of the population; 650 percent more likely to die
from tuberculosis, a preventable disease; 318 percent more likely to
die from diabetes. The epidemiology center in the Northern Plains
has recently reported that the Northern Plains Indians have the
highest SIDS rate in the world. The Surgeon General reports that
Indian youth are dying at 3.1 times greater than the general population.
Our challenges are escalating, and like so many other programs
in the country we are seeing employee take-backs, reduced hours
of operation, staff reduction and burnout. Resources are limited
and our estimates indicate that the Indian health budget has lost
over $2.46 billion in purchasing power over the last 14 years.
I have testified to this before. Medical inflation has increased
over 200 percent since 1984. Unfortunately for the IHS, the OMB
inflation rate ranges from 1.9 percent to 4 percent a year, when
medical costs inflation is between 6.2 and 18 percent.
Like the private sector, we face ever-increasing costs for pharmaceuticals, equipment and other costs. As raised earlier by the Senator, the per capita expenditures for our patients is approximately
one-half of the per capita expenditures for Medicaid beneficiaries,
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and the expenditures for a prisoners health care is almost double
what is spent on a patient in the IHS system.
In 1999, a national steering committee for the reauthorization
was formed. Consultation was held extensively across the country
to develop consensus recommendations to address our current
needs. Included among those recommendations was the authorization for a comprehensive behavioral health program which reflects
tribal values and emphasizes collaboration among alcohol and substance abuse social services and mental health programs, which
was reflected in title VII of S. 1057. I was quite taken aback when
I heard Dr. Grim express objection to section 11(2)(b). In fact, that
has been a challenge for us in dealing with reauthorization. We
have never seen a finite list of what the objections are.
But if I might briefly talk about what our intent was when we
developed language with 711(2)(b). This is a section dealing with
fetal alcohol disorders. We feel strongly that we need to do everything we can to change the behavior of pregnant women, high-risk
pregnant women, and women that are pregnant with Indian babies, to encourage them not to indulge in alcohol and substance
abuse. That was our intent. We think this is a priority and we
think that the program should do this. We are surprised that there
is an objection to that provision.
Another recommendation is authorizing the elevation of the Assistant Secretary, elevation of the Indian Health Service Director
to an Assistant Secretary appointed by the President with the advice and consent of the Senate.
The deplorable disparities in our health indicators compared to
the general population require us to assert that we need to approach our responsibilities differently. Status quo is not acceptable.
We believe that elevation would be comparable to the administration of the BIA programs by an Assistant Secretary in the Department of the Interior and the Assistant Secretary for Public and Indian Housing in the Department of Housing and Urban Development.
We also recommend authorizing the Entitlement Commission to
study the optimal way that health care should be provided to our
people. Indian tribes strongly believe that through the cession of
400 million acres of land to the United States in exchange for
promises for health care and other services often reflected in treaties, that we secured a de facto contract which entitles us to health
care in perpetuity, based on the moral, legal and historic obligations of the United States. We also believe that we need to be able
to address the long-term health care for the elderly as an option,
rather than more expensive, costly or clinical care.
We believe that these recommendations, many of which are included in S. 1057, are essential to help us modernize our health
care delivery.
In closing, I want you to know that in spite of our deplorable
health conditions, we remain optimistic because our tribal governments and programs are having successes and do so much with so
little. We hope for reauthorization this year. We hope that one day
our young people no longer commit suicide because they will have
hope. We hope that one day we will no longer have to deal with
meth problems and other substance abuse in our communities. We
350
hope that our grandchildren will be healthy. We hope that we can
provide long-term quality health care to elders in the waning years
of their lives.
We hope for all these things because we know that the Creator
has put us here for a purpose and we need your help.
Thank you for this time.
[Prepared statement of Ms. Joseph appears in appendix.]
Mr. Kashevaroff?
STATEMENT OF DON KASHEVAROFF, PRESIDENT, SELDOVIA
VILLAGE TRIBE, AND PRESIDENT, ALASKA NATIVE TRIBAL
HEALTH CONSORTIUM
Mr. KASHEVAROFF. Thank you, Mr. Chairman.

My name is Don Kashevaroff. I am appearing here as the chair
of the Tribal Self-Governance Advisory Committee, which has appointed me to the National Steering Committee for the Indian
Health Care Improvement Act. I am from Alaska. I am the president of my very small tribe of 400. I am also the president and
chair of the Alaska Native Tribal Health Consortium, which
through Anchorage and the Alaska Native Medical Center, we comanage that and we serve 130,000 Alaska Natives through the
hospital and water and sewer projects in various other programs
that we have.
Both my small tribe and my very large company practice self-determination and self-governance by assessing the health needs of
our people and redesigning and expanding our programs to improve
the available care.
I have a couple of issues that I want to address with you today.
The first one is home health care. I also have submitted written
testimony. Hopefully, that can be in the record, sir. What we found
at ANMC, we have 150 beds. About one-quarter of the beds we
have are taken up by folks that might or should not be there. If
we were a private sector hospital, they would discharge the people.
We continue to serve them because we have no place to send them.
Many of them need step-down units and various other care that we
do not have in existence.
Home health care is in S. 1057, and we are very supportive of
that staying in there. What we found out, as I have stated already,
Indian Health Service does not have the money we need to provide
the services to Indians. What we have been doing over the past few
years is relying more and more on third party payers. We bill insurance companies, if the Indian happens to have insurance, we
bill the insurance company. Those insurance companies actually
say, well, you only can have a stay in the hospital for a couple of
days and then we will not pay anymore, because they know that
there are cheaper ways of providing health care to people than
staying in a hospital bed. So we are kind of stuck with the hospitals and we do not have all the home health care provisions that
we are looking for. So we are very supportive of that in the bill that
we can expand those services.
We have also found out that our elders, the best care we can give
our elders are close to home. When we make our elders travel, they
come in and they actually encounter a foreign language, they en-
351
counter English, and they have to be with us. They have unknown
areas that they have to live in. They lose track of their families.
They are removed from their family. Many of them just refuse to
come in for care. So by having a home health care-based system
where we are able to get out there and provide the services to them
like the rest of the country has realized, will modernize IHS and
bring us up into where we should be, and be able to provide better
health care at a lower price. So we are very supportive of the home
health care provisions in there, Senator.
I would also like to touch on the Federal Tort Claims Act coverage. I noticed in Dr. Grims written testimony that they thought
that there might have been an expansion of FTCA coverage. To the
best of my knowledge looking at the Act, there is no change in
FTCA services to ineligible non-beneficiaries. The language does
not increase any change in it.
What we are faced with with Federal tort claims coverage is that
we provide a service, and if we do not have Federal tort claims coverage, we have to take money out of our contracts support costs or
a direct-service budget to pay for insurance that the government or
IHS did not have to pay for before. So when our tribes take over
programs, we have to have coverage. If we do not have coverage,
we have to pay an insurance provider. The amount is staggering
that we have to take out of our direct services budget.
In ANTHC alone, if we had to provide insurance for everybody,
we would lose about four or five specialty providers. We have very
many specialty docs, and we would have to basically let them go
and take the money and buy insurance. We do not want to be in
a situation where we end up doing that. So I am actually puzzled
a bit by Dr. Grims written testimony that the Administration has
these concerns that we are expanding coverage because we just do
not see it, and maybe they can tell us later on where they see those
concerns at.
Real quick, also negotiated rulemaking is in the S. 1057. The
Tribal Self-Government Advisory Committee is very supportive of
negotiated rulemaking. We have found in the past that when we
implemented title V of the ISDEAA that it worked extremely well.
They even gave us awards for how well it worked, that we were
able to get IHS in the room, and the tribes in the room. The tribes
are delivering the health care out there and we are encountering
a lot of things that IHS does not have to encounter. We have the
understanding of how to provide health care out in the country. By
working together, we are both able to understand the rules and put
the rules down on paper so we can work better in the future. It
has helped tremendously, us both having the same common understanding.
I also wanted to mention about the dental health aide therapists.
I know we are going to have a panel on that pretty quick. Alaska
Native Medical Center, which is managed by the Alaska Native
Tribal Health Consortium and by South Central Foundation, we
strongly support dental health aide therapists. Without question,
that is our answer to our crisis that we are having in Alaska. I
grew up in a village that luckily had a dentist come every 6 months
from Anchorage. And it was the same dentist, so he knew me, and
I got decent care.
352
People are concerned that there will not be good care. Well, these
dental health aide therapists are sent out to school on it, and for
2 years they are down getting trained to do what they are going
to do. I personally have had times when dentists maybe did not do
as good a job on me as I wished they would have, and I had to go
in for follow-up care. So I think it really comes down to the individual person whether you are going to get a quality dentist or quality
care or not. We have a huge crisis in bush Alaska. If you go to a
village of 100 or 200 people, you are not going to have a dentist
wanting to live there. Even if you have a volunteer come in once
a year, it is not going to provide the services the folks need.
I personally would love to have a DHAT work on my teeth, just
as I go to a nurse practitioner and a physicians assistant for care.
I have no problem doing that.
Finally, I wanted to mention that the tribes want to have, fundamentally we want to look at S. 1057 and make sure that it does
not regress from anything in current law. There was one instance
that we found in section 403, which is the current law section 206,
where Indian health programs may only bill third-party payers for
reasonable charges as determined by the Secretary. This is a
change. Our concern is by making the Secretary figure out what
the reasonable charges are is going to increase the bureaucracy extensively, as opposed to current practice where we bill under current practice methods.
So I do want to thank you for holding this hearing, Mr. Chairman, and hopefully trying to move this legislation forward. I am
here to answer any questions.
Thank you.
[Prepared statement of Mr. Kashevaroff appears in appendix.]
Chairman Brannan.
STATEMENT OF RICHARD BRANNAN, CHAIRMAN, NORTHERN
ARAPAHO BUSINESS COUNCIL
Mr. BRANNAN. Good afternoon, Senator Enzi. Thank you for asking me to come and testify.
I come from the Wind River Reservation, carrying a very heavy
heart because of the suffering, the pain, that children and older
people are going through on our reservation. I want to thank you
personally for asking me to come here, and giving us a voice.
There are many statistics that justify the need for improving
health care on the Wind River Reservation and Indian country in
general. I have listed a number of them in my written statement
and I know you hear them from many others. But what I would
like to do is spend my time here today to try to put a face on the
problem that we are faced with every day on the reservation.
My testimony here today is in honor of Francis Brown, a respected elder and ceremonial leader of the Northern Arapaho
Tribe, and Marcella Hope Yellow Bear, a baby, both of whom died
needlessly because of lack of funding. Both of them suffered terribly before their untimely deaths. Francis had four brain tumors.
He went to IHS for assistance. He was told there was no funding
to help him to get the care he needed. He went home, suffered and
died. Marcella Hope Yellow Bear was 18 months old when she died.
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Her entire short life was one of torture and pain. According to the
newspaper accounts, she had an open hole through her chin, numerous broken bones, and burns on her body and the bottoms of
her feet. She was found hanging from a coat hook in a closet. The
police found her that way. Physically abused and tortured, her
whole life was nothing but pain.
When I did hear, it was like somebody shooting my heart with
an arrow, and part of my soul died when I heard that. Both of
these could have been prevented. The system and all of us failed
them because of lack of adequate funding. For his entire life,
Francis Brown was one of the cultural and ceremonial leaders and
elders of our tribe. Among his many contributions, he helped preserve the medicine wheel up in the Big Horn National Forest and
other sacred sites. His early loss robbed not only his family, but
our tribe of his culture and ceremonial knowledge.
Marcella was a beautiful and innocent little baby, just so beautiful I cannot describe how pretty she was. She was also the hope
of our future. That is our future, our children. In our tribe, we believe children are sacred and we hold onto them because they are
not tainted by the world and they are a blessing from God. Yet she
was killed by her own parents, both members of our tribe, because
of their addiction to methamphetamine. Those drugs and others,
including alcohol, are the scourge of our reservation in Indian country.
As you can see from these two painful examples, we need funding for both prevention and treatment. I am here today to give my
support to S. 1057, but also to remind you of the need to fully fund
it and to remind you of the trust responsibilities of the United
States to American Indian tribes.
Also, the Almighty gave me a vision where I saw this beautiful,
wonderful white house with a bright picket fence, immaculately
maintained yard, with a swing, a play area full of children. I am
sure people have experienced children full of joy, full of happiness,
smiling, seen them dressed in their Sunday best on Easter Sunday
with their little beautiful socks and dresses and healthy and smiling, and just shrilling with happiness. That is the vision the Almighty gave me of the Northern Arapaho children and our people.
I do know that this committee has the ability to make that vision
come true for the Arapaho people, and I ask for your help. I thank
you for allowing me to testify here today.
[Prepared statement of Mr. Brannan appears in appendix.]
Mr. Forquera.
STATEMENT OF RALPH FORQUERA, EXECUTIVE DIRECTOR,
SEATTLE INDIAN HEALTH BOARD
Mr. FORQUERA. Thank you, Mr. Chairman.

My name is Ralph Forquera. I am the executive director for the
Seattle Indian Health Board. I am also the director for the Urban
Indian Health Institute, which is a division of the Seattle Indian
Health Board we created in 2000 to conduct research and perform
epidemiologic studies on the health of urban American Indians.
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I am an enrolled member of the Juaneno Band of California Indians, which is a State-recognized tribe from the San Juan
Capistrano region of Southern California.
The Seattle Indian Health Board is a private nonprofit community health center established in 1970 as a free clinic in what was
then an old U.S. Public Health Service hospital, so we are celebrating our 35th anniversary this year. We are currently under a contract and hold several grants from the Indian Health Service under
title V of the Indian Health Care Improvement Act. We are one of
34 such nonprofit Indian-controlled corporations located in 41 cities
and 19 States around the country that contract with the Indian
Health Service under title V.
About 20 of the 34 existing programs provide some level of direct
care. The remaining 14 programs provide health education, information, referral assistance and other services designed to improve
access to health care. In addition, urban Indian health organizations play an important cultural role in many cities by offering programs and services that are culturally appropriate and socially acceptable to the wide array of Indian people living in cities. For example in Seattle we serve Indian people from over 150 American
Indian tribes and Alaska Native villages each year.
The role of providing an identifiable and culturally acceptable
place in American cities for Indian people is an often overlooked effect of these programs that in many ways has become an essential
part of the healing process for Indian people who often feel abandoned and isolated in American cities. According to the 2000 census, the majority of Indian people are now living in American cities. Over 70 percent of Americans who self-identify as American Indian alone or mixed race on the census are living in American cities.
The trend toward urbanization has been steady since the 1950s
when the policy of this Nation was to relocate Indian into cities in
an ill-fated attempt at assimilation. Over 160,000 people were directly affected by the relocation and termination policies. There remains a sizeable number of urban Indians who carry an emotional
scar of this experience with them. As a result, that experience
greatly influences their behaviors and their ability to trust government institutions, including oftentimes our own.
Little is known about the overall health status of urban Indians
across the Nation. While the Urban Indian Health Program has
been a part of the Indian Health Service for nearly 30 years, only
recently have formal efforts to document the health of urban Indians been attempted.
The lack of available data has made it difficult for us to defend
the need for help in addressing the growing health crisis among
urban Indians. However, in March of 2004, the Urban Indian
Health Institute released a first report documenting for the public
the severe health disparities among urban Indians. Using data
from the National Centers for Health Statistics and the 1990 and
2000 U.S. census data, that we know is woefully inadequate for
urban areas, the report still found significantly higher rates of illness and identified multiple known risk factors that likely contributed to these findings.
355
The report brought greater attention to the plight of urban Indians and helped us to begin to build interest in looking at the
health of this population. The report documented for the first time
our anecdotal assertion that urban Indians were experiencing illhealth in disproportionate numbers. Our principal partner in this
work to date is the Indian Health Service, which has now included
us as one of the 10 Indian Health Service-funded regional tribal epidemiology centers, ours being the only one that focuses specifically
on urban Indians and is on a nationwide basis.
Title V, the urban Indian health section of the Indian Health
Care Improvement Act, provides the critical link in recognizing
that Indian country encompasses both reservation and urban communities. The 34 urban Indian health organizations reflect the nature of their local communities. They offer not only services, but a
place of Indian identity that is frequently lacking for Indian people
in American cities. In the broadest sense of healing, finding a place
of belonging and acceptance can have a powerful and positive effect
on the health of Indian people.
Our ability to focus on Indian people and not be encumbered by
the restrictive nature of limiting services to federally recognized
tribal members adds to our capacity to heal wounds also. Title V
is the only authority that specifically defines the health care role
for the Indian Health Service in addressing the needs of urban Indians. For this reason, title V is an essential tool in assuring that
urban Indians are not forgotten as a group of Americans in need
of health improvement.
In the request for my participation in the hearing today, two specific questions were posed to me. The first deals with the extension
of Federal tort claims protection for urban Indian programs. The
second concerns an issue that periodically has been brought to our
attention by the Department of Justice regarding equal protections
provisions of the Constitution and the fact that urban Indians are
not subject to tribal governments with self-governance authority.
With regard to the Federal Tort Claims Act issue, similar protections have been extended to community health centers through the
Public Health Services Act. Those of us who receive funding
through the Bureau of Primary Health Care are already eligible for
FTCA protection. It would seem to me that extending this protection to urban Indian health programs would add minimal risk to
the government. Inclusion could save considerable expense for
those programs who are now purchasing private liability insurance
for support for their work. The resulting savings could be used to
provide needed services.
It should also be noted that the title V program is truly crafted
using the community health centers as a model. So therefore the
extension of the privilege of FTCA for another group of federally
sponsored safety net providers seems a fair and equitable action.
With regard to the Department of Justices concern about equal
protection matters, I first need to state that I am not an attorney
nor am I professionally trained in this area. However, it seems to
me that the enactment of title V defined a special class of health
care provider similar to various arrangements made through other
Federal programs like the Federally Qualified Health Center Pro-
356
gram under the Bureau of Primary Health Care and disproportionate share hospital payment structure under CMS and others.
Clearly, the Federal Government has a rational basis for providing funding, tax breaks and other benefits it deems to be in the interest of the Government or society in general. That rational basis
should not allow such distinctions to withstand an equal protections challenge.
In the case of urban Indian health programs, the Congress has
a clear and rational basis for its decision to provide programs, services and funding to urban Indians. After all, it was the ill-conceived
policies of relocation and termination that led to the removal of
large numbers of Indian people from reservations to cities. Congress dealt with Indians as a special class of citizens then, and it
clearly can and should so do as it tries to rationally address the
consequences of those policies.
The structure of the title V program, that of using a nonprofit
Indian-controlled corporate structure, offers the full benefits of the
self-determination principles called for in President Nixons special
message to Congress in July 1970 that forms the foundation for todays Federal Indian policy. Successful urban Indian health organizations in some respects embody the spirit of self-determination.
Our use of IHS funds to leverage our other public-private resources
to extend our capacity to serve urban Indians is exactly what I believe the authors of title V intended.
It is clear that the Congress has the authority and the will to direct programs to address identified and documented health disparities affecting American Indians and Alaska Natives. In these times
of rapid change in the health care system in America, and the
sharp escalation in the cost of health care, the importance of having organizations devoted to assuring access and quality health
care for Indian people makes good public policy. It is fitting, then,
that the Congress continue this policy by reauthorizing Title V.
Thank you for offering me this opportunity to testify. I would be
happy to answer questions.
[Prepared statement of Mr. Forquera appears in appendix.]
Senator MCCAIN. Thank you very much.
Ms. Joseph, what is your response to the Departments view that
the Intra-departmental Council consultation and Tribal Technical
Advisory Groups are sufficient for Indian policy so that the elevation of the director to an assistant secretary is not necessary?
Ms. JOSEPH. Thank you for the question, Mr. Chairman.
The request or the advocacy for the elevation is not a new issue
for tribes, for one thing. It has been around long before this effort
to reauthorize. We feel the deplorable health conditions of our people warrant us to carry out our responsibilities in a different way,
and maybe elevating the issues to a higher level would be a better
approach. We know that status quo is not acceptable.
We think that it is also consistent with the government-to-government relationship in that it is comparable to the assistant secretary that has oversight of the BIA programs in the Department
of the Interior. There is an assistant secretary for Public and Indian Housing in the Department of Housing and Urban Development.
357
We think an agency that has such large responsibilities for Indian people should be at a level where they can collaborate at a
higher level in the Department; be a member at the table when priorities and policies are addressed; be a player in the decisions that
are made when the Departments priorities are established; and be
at a level that ensures that other agencies in the Department are
also considering the needs of American Indians and Alaska Natives.
Senator MCCAIN. What is your response to the Departments
view that we should mandate positions such as the diabetes coordinators within IHS?
Ms. JOSEPH. Mr. Chairman, I thought that was real interesting
a request, to require a mandate when earlier in the testimony
there was an objection to mandates. In particular, that is related
to mandating diabetes coordinators. For the record, I believe all
areas have diabetes coordinators. The one we have in California,
she is wonderful and we like her and she is doing a lot to inspire
us, to prevent and to educate.
But the tribal leaders during this discussion weighed this and
did discuss it. They said, say for instance in five years we have a
major epidemic in our area, and we might want a cardiovascular
disease prevention coordinator or a tuberculosis prevention coordinator. With limited resources, the tribes locally may need to move
resources and have another priority in five years. That was the
wish to have some flexibility for local decisions.
Senator MCCAIN. Thank you.
Mr. Kashevaroff, how would you respond to the views of the
American Dental Association that there is a false concern that in
Alaska that is only a choice between no dental care and some dental care, so that dental health aides are necessary?
Mr. KASHEVAROFF. I believe that anybody that wants to come up
to Alaska and go out to the bush, which we call it, will see that
there is basically no access to dental care out there. Village folks
that live there, if they have a toothache, they have a choice of either waiting six months to a year for a dentist from a regional hub
to arrive, or to get on an expensive plane and fly in. That is what
we are faced with.
We do have some dental care. Dr. Grim mentioned that we have
a 50 percent vacancy rate out in the bush in Alaska. That means
we only have one-half the dentists. If Washington, DC only had
one-half the dentists, you would have a lot of lines around here of
people wanting dental care.
So it is compounded in the fact that you live in a village and
there is no way to access dental care than hop on a plane, which
you cannot always do because we get snowed in for weeks at a time
sometimes. And you only have one-half the dentists out there in
the first place. So we have a very big problem, Mr. Chairman.
Senator MCCAIN. You mention in your statement that negotiated
rulemaking was used in the self-governance regulations. What benefits have you seen in the implementation of the regulations? What
is your response to the Departments concerns that negotiated rulemaking is costly and time-consuming? Were your negotiations costly and time-consuming?
358
Mr. KASHEVAROFF. Mr. Chairman, I was not privy to the budget
of the negotiations. I do not think they are that time-consuming because we actually had a deadline imposed. I know S. 1057 has a
longer deadline imposed. But the little bit of time put up front
saves a lot of time in the end.
By us coming together and working out the issues with the IHS,
the tribes and IHS working out the issues, getting on the same
foothold, understanding the same things, has saved us immensely
right now years later from having tons of lawsuits back and forth
because we cannot agree on what we said. When we are both in
the same room, we negotiated it out and you had negotiations go
where there is give and take, and everybody is satisfied somewhat,
and we were able to achieve that.
As I said earlier, they gave us some kind of awards because we
were so efficient at doing it. I cannot imagine why the Administration is against having negotiated rulemaking after we have been so
successful in the past.
Senator MCCAIN. As has self-governance.
Mr. KASHEVAROFF. Yes.
Senator MCCAIN. Chairman Brannan, in your testimony you
state that addiction to methamphetamine and alcohol are epidemic
on your reservation. What is currently being done to combat the
problem and, in your opinion, will the new comprehensive care behavioral health programs provided in the Act be helpful in any
way?
Mr. BRANNAN. Yes, Chairman; they would be.
Senator MCCAIN. It is epidemic on your reservation?
Mr. BRANNAN. Yes; it is.
Senator MCCAIN. Would you give me a few statistics to describe
that situation?
Mr. BRANNAN. I guess throughout Wyoming it is considered epidemic, even in the State of Wyoming. I do not have the specifics.
Senator MCCAIN. For example, most of your teenagers?
Mr. BRANNAN. What you see is an underlying culture of people,
and we have a number of tribal members coming up and saying,
can you please do something for my family member; they are going
to die, because all they are doing is ingesting poison into their system. There is no place for us to send them. There is no treatment
dollars available for methamphetamine whatsoever. Alcohol is a
significant problem, but methamphetamine is 50 times worse.
Probably their life expectancy is less than 5 years once they take
it for the first time. Typically, they are addicted for life once they
do it, just the first time. There is a significant backlog of patients
that need alcohol treatment alone. In some instances, it takes them
6 months to 9 months just to go to treatment. With an alcoholic,
if they finally identify or I guess understand that they do have a
problem, they confess it, you need to get them to treatment as soon
as possible. It is a constant theme. People are dying from cirrhosis.
Senator MCCAIN. You have a lot of dental problems, I would
think.
Mr. BRANNAN. Oh, yes.
Senator MCCAIN. Because of methamphetamines.
Mr. BRANNAN. Yes, yes. Even without the methamphetamines,
we can only serve 25 percent of our actual need. Our service unit
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is funded at 51 percent of the level of need funding. Our denial rate
is about three times more than what they approve under a contract
health service budget. We are sending people home that have cancer, saying there is no money for chemotherapy, therefore you have
to die. That is the reality of it.
Senator MCCAIN. Then you must have a problem with teen suicide as well.
Mr. BRANNAN. Yes; we did in the 1980s, there were over 20-some
young people that killed themselves, one right after another. It is
consistent.
Senator MCCAIN. Is that associated quite often with the use of
meth?
Mr. BRANNAN. No; it is mainly associated with the lack of hope
on the reservation, lack of opportunity. What we are doing right
now is we are trying to develop a boys and girls club to give them
some type of outlet. But the main thing is prevention on the reservation. Right now, the lack of funding within IHS is so significant we cannot even do prevention. We have to wait until somebody is sick or almost dying because the funding is so inadequate.
What we need is preventive health dollars. We can work with our
children. We can get them to exercise. We can get them to have a
vision for their future, hope. But right now, we do not have that
resource available.
Senator MCCAIN. Mr. Forquera, is your clinic the only urban
clinic doing epidemiologic studies on urban Indians?
Mr. FORQUERA. It is currently, Senator. We actually established
the Urban Indian Health Institute out of frustration on my part.
Nobody was doing work to directly address the issue of urban Indians. Shortly after we established the organization, Dr. Trujillo, who
was then the director of the Indian Health Service, who had had
some experience working in the urban Indian community, helped
to find some resources to help us set up the epidemiology side of
the research element of the program.
We have been struggling since we have had no directed resource
in order to be able to track the health of urban Indians, and the
fact that a lot of our data has to come from local municipalities or
from other institutions that sometimes do and sometimes do not
collect information that is Indian-specific. We have been having to
go and develop those databases in order to be able to do the work
that we are doing. We are in the process of doing that now, and
I think are making progress, but we are also finding tremendous
obstacles because of resource and other problems.
Senator MCCAIN. Many of your patients are in Seattle due to the
policies of relocation and termination. Do you maintain contacts
with the tribes in which these individuals may be members?
Mr. FORQUERA. A large number of our clients are in fact enrolled
members of their tribes. We also see a number of Indian people
who are members of terminated tribes. We see a few Canadian Indians who come down. And then we are also identifying an awful
lot of Indians who were adoptees or children of adoptees or people
that had been displaced from their nativeness not only in the
1950s, but prior to that.
One of the great advantages of the work that we do and one of
the fun things that we do is helping people re-link themselves up
360
to their nativeness. It is amazing the power of that experience for
the individual and how good that makes us as an institution feel
that we can help people reconnect with their roots and help them.
They then become great supporters of the organization. They get
services from us. They help the community by using their skills as
part of the community. It is a wonderful thing.
Senator MCCAIN. Chairman Brannan, where is the nearest city
or metropolitan area to your tribal lands?
Mr. BRANNAN. Mr. Chairman, we have two cities. One is Lander,
WY. That is approximately 24 miles from Fort Washakie. The other
town is called Riverton, WY.
Senator MCCAIN. Are there problems with drugs and teen suicide
in those non-Indian areas?
Mr. BRANNAN. It is not as prevalent, but the meth problem is
throughout the State, especially within Fremont County where the
reservation is located.
Senator MCCAIN. Are there meth labs on your reservation?
Mr. BRANNAN. Well, a lot of it I believe is foreigners from old
Mexico. They did have a drug bust, and I think they had 250
pounds of methamphetamine.
Senator MCCAIN. That is a lot of doses.
Mr. BRANNAN. Yes; it is.
Senator MCCAIN. Well, it is a national problem, as you know, but
it also seems to be most concentrated in lower-income areas, and
naturally that means Indian country. At least we would see some
benefits from passage of this act, wouldnt you think?
Mr. BRANNAN. Yes; it would help us significantly.
Senator MCCAIN. I thank the witnesses. I thank you for your patience today. I apologize for this back and forth shuttle as we try
to finish up our voting on the Department of Homeland Security.
I can tell you at least we passed on amendment yesterday that directs funding directly to the Indian tribes, so it does not have to
go through the State and local authorities. So a small benefit.
Thank you for all you do. Thank you for your good work. We look
forward to seeing you again.
This panel is adjourned.
Now, our last panel is Mary Williard, DDS, deputy director of the
Yukon Kuskokwim Health Corporation in Bethel, AK; and Robert
M. Brandjord, DDS, who is the president-elect of the American
Dental Association in Washington, DC.
Dr. Williard, welcome. Maybe out of pure curiosity, where is
Bethel, AK located, in relation to, say, Anchorage?
Ms. WILLIARD. We are about 450 air miles west of Anchorage.
Senator MCCAIN. And the population is?
Ms. WILLIARD. In Bethel itself, about 6,000 to 7,000, depending
on the time of year.
Senator MCCAIN. What is it in January? [Laughter.]
Ms. WILLIARD. Probably around 6,000.
Senator MCCAIN. And in August?
Ms. WILLIARD. More like 7,000.
Senator MCCAIN. Some come to the great State of Arizona in the
wintertime, and we are always glad to have them.
I thank the Chairman.
Dr. Williard, who is that with you?
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Ms. WILLIARD. This is my daughter. Her name is Suskwok or
Shauna Williard.
Senator MCCAIN. You are welcome to be here. Do you have written testimony? [Laughter.]
Thank you. She is welcome here, Dr. Williard.
Ms. WILLIARD. Thank you.
STATEMENT OF MARY WILLIARD, DDS, YUKON KUSKOKWIM
HEALTH CORPORATION DENTAL CLINIC
Ms. WILLIARD. Mr. Chairman and members of the committee, as

you know, my name is Dr. Mary Williard. I have been practicing
public health dentistry for my entire career. About 9 years of that
has been in the Public Health Service through the IHS. I completed
a 2-year dental residency in general practice at a hospital in North
Carolina. I have practiced both in the Navajo area as well as in the
Bethel, AK area.
I have been in Alaska for 7 years working for the Yukon
Kuskokwim Health Corporation [YKHC]. I have also chaired the
Academic Review Committee for the Dental Health Aide Program
since its inception.
On behalf of the Alaska Native Health Board and YKHC, I would
like to say it is an honor to be here and have the opportunity to
testify, and to bring my daughter to see how this great country
runs.
I really think this is a very important hearing for the future of
the people in my area and especially for the children. I learned this
morning that the ADA has started a campaign in our village newspapers that states that we are providing substandard care, secondtier of care to our village people through the Dental Health Air
Program, specifically dental therapists; that we are experimenting
on the people of the villages. I am here to say very strongly and
clearly that that is not true.
I personally have a vested interest to make sure that that is not
happening. I believe that what we are doing is a good thing and
it has been well thought out. I know that the tribes and the people
in the area are supportive of us.
I am a little nervous so I might stutter a little. Anyway, one of
the things that I have done as part of my role in the Dental Health
Aide Program is help to develop the dental standards that dictate
how we work with the dental health aides and specifically the dental therapists, and how they become certified to provide the care
that they are allowed to do. The quality assessments that are being
one on our dental therapists are taken directly from the Indian
Health Service for dentists. We are not allowing them to provide
a second-tier or a substandard quality of care. They are expected
to provide the services that they provide at the same level of quality.
These candidates have been hand-selected from large numbers of
applicants. They are very responsible, respectable members of the
community. I feel like we have gotten some really wonderful people
into our programs. Part of my job at YKHC is to supervise the dental therapists that we have there. We do have two dental therapists who have completed the 2-year training in New Zealand to receive their diploma of dental therapy. These two young people are
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Alaska Natives and have been in our clinic for about 6 years now
providing services. I have looked at every aspect of their service
and their skills. I have found them to be quite skilled at what they
are doing. They learned well during their schooling. They have
taught our dentist, actually, some new materials and information
that they learned in school.
One of the other things that I do during my time in YKHC is I
have observed the new dentists coming in from dental school. I
have to work with them and bring them up to par with the other
dentist on our staff. What I can say is comparing dental school
graduates with our dental therapists is that I have seen that the
skills are equal.
Hearing Dr. Grim say, sort of hesitate whether he would let a
dental therapist work on his own teeth or his own children, I am
not surprised. Most dentists are very picky about where they go.
I do not know that I would Dr. Grim work on my teeth. I have
never seen what he can do. [Laughter.]
But I can tell you that my children and I have been treated by
the therapists, and I have no problem with that because I have
seen what they can do and I believe that they are very well
trained. They provide a good service.
I look forward to allowing them to go out to the villages once
they are certified and working in a general supervision capacity
with the dentist in Bethel. One of the things that I really think is
important about this is that we will have very competent dental
providers in the villages with the people on a daily basis, so that
not only will the people out there be able to see a dentist maybe
once a year, but they will actually be able to see one when they
need one, a dental provider.
They will be able to see the therapist at the school, at the basketball games, mostly, in the villages, and be able to talk to them in
the grocery store and say, you know, gee, I know you told me I
need to brush my teeth all the time, but what can I do when I cannot afford a toothbrush? And maybe when they are deciding what
to purchase at the store, they can, you know, what were you saying
about the diet soda compared to the regular soda?
Those kind of things are really important when you are talking
about trying to change a communitys habits about oral health.
Daily presence is a much more effective way of changing habits in
a population than the itinerant-type approach that has been utilized in the past. So I think that is a very strong aspect of our program.
I do not think volunteer programs will work. I am not saying
that I do not want to see volunteers come. Please come. Please do
as much volunteer work as you can. I think that would be great.
I do think that they do not provide the continuity of care that will
address the issues that we need and to help build a strong prevention program.
The drill-and-fill model is still the old volunteer model as well.
When you come in and you see patients, you drill and fill and you
just get back out, and you have not made that connection with the
patient. It just has not worked.
One of the things that I have seen as well is that village residents have long, 30 years there have been community health aides
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in the villages. And when a doctor comes out to the village and
talks to the patients and tells them what they know, the patients
will listen, but when the doctor leaves the room, the patient turns
around and asks the community health aide, you know, is that
right? What can you tell me? So the trust is there when the people
are there in the communities.
One of the things about the Dental Health Aide Program is that
the main focus is that we are looking at prevention. However, the
dental health aide therapists are going to be there to help us deal
with the problems that are already existing. You have already
heard there is a very large problem with dental decay in our areas,
unmet needs. Even if Dr. Grim was able to recruit dentists to our
area to fill all the available positions, that is not going to meet our
dental needs. A study in 1991 was done in Alaska that showed that
even if the number of dentists in Alaska was doubled at that time,
it would still take 10 years to meet the needs.
So recruiting dentists to fill positions is not the only answer. We
need all the help we can get. That does not mean we are looking
for substandard care. That means we are looking for good quality
care and we have come up with a method to do that. The dental
health aides or dental therapists have been working in a number
of countries for years and have a very good track record. In Canada, over 30 years of practicing; in Saskatchewan, being regulated
by the dental profession, there has never been any merited claim
against a dental therapist, and they provide the same level of services and more than we will allow under our Dental Health Aide
Program.
So in closing, well, one other thing I would like to say is that we
do thank Dr. Grim for his letter of support of our program, and we
will have that in our written testimony. We also have e-mails of
written support from the South Central Foundation in Anchorage
that states that they strongly endorse the Alaska Dental Health
Aide Therapy Program.
What I would like to ask you all, Mr. Chairman and the members of these committees is to please listen to the people that live
and work in these communities and refuse to take away our federally recognized right to manage our own health care. Please support S. 1057 of the Indian Health Care Improvement Act, and do
not limit the scope of practice of the dental health aides.
Thank you. I am open to questions.
[Prepared statement of Dr. Williard appears in appendix.]
Dr. Brandjord.
STATEMENT OF ROBERT BRANDJORD, DDS, PRESIDENTELECT, AMERICAN DENTAL ASSOCIATION
Mr. BRANDJORD. Thank you, Mr. Chairman and members of the

committee.
I am Bob Brandjord. I am president-elect of the American Dental
Association and a practicing oral surgeon in Minnesota. I am here
to express the American Dental Associations strong support for
using dental health aides and other innovations in dental care delivery to help reduce the disproportionate burden of dental disease
that many Alaska Natives suffer from today.
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Equally important, I must state the American Dental Associations unequivocal opposition to experimenting on Alaska Natives
by allowing non-dentists to perform irreversible dental surgical procedures. This is second-class care. It is unsafe. It is unfair. And
most of all, it is unneeded. It is an admission that those who have
been entrusted with the care of these people have essentially given
up on them. Instead of really focusing on preventing disease, the
solution is to extract it. Alaska Natives deserve better. They deserve high-quality, fully trained, licensed dentists to provide the
care.
They can receive that care if we can break down the bureaucratic
obstacles that are preventing it. Decades ago, Alaska Natives were
almost entirely free of dental decay, but the trend has reversed.
Many Alaska Natives now suffer from often severe untreated dental disease. Deterioration is due partially to the transition from the
traditional subsistence diet to processed sugary foods and beverages; partly to the lack of oral health education and proper selfcare; and partly to inadequate access to appropriate dental care.
Alarmed at the declining oral health of its constituents, the Alaska Native Tribal Health Consortium has resorted to the desperate
measure of deploying dental therapists to extract teeth, drill out
cavities, and do pulpotomies, which are like a root canal. With only
18 to 24 months of post-high school training, these well-intended,
hard-working people do not know what they do not know. They are
not prepared to routinely perform these procedures safely. Dentists
perform thousands of procedures every day with such expertise
that the public views them as routine or simple. But there is no
simple surgical procedure. I know this. I spend a great deal of
every working day removing teeth.
For example, extracting a tooth can lead to serious and in some
cases life-threatening complications. It can lead to chronic and
acute infection, injury to adjacent teeth, gums, and bone, including
fractured or broken jaws, displacement of teeth, parts of teeth, or
foreign objects into the airway, gastrointestinal tract, and sinuses;
even severe life-threatening breathing or airway problems.
Proponents of the dental therapist plan argue that there are only
two choices: Second-class care or no care. This is not true. Our
written testimony includes an alternative model that builds on the
current dental delivery system by making it more efficient. The authors include the dental director of the Alaska Native Medical Center in Anchorage. Central to this plan is the creation of the new
mid-level aide called a community oral health provider. They can
be trained in Alaska and not in New Zealand. These communitybased dental aides could provide the patient education and preventive services that ultimately are the best and perhaps the only way
to end the epidemic of dental disease that plagues Alaska Natives.
Despite our attempts to help, we have continually run into a bureaucratic brick wall of opposition by those who, by their own admission, are so vested in the therapist position that they will not
consider any alternative.
Mr. Chairman, the public health agencies who took responsibility
for providing care for Alaska Natives have been unable to meet
their own goals. Dentistry did not create this situation, but we are
willing to help remedy it. But therapists are a big step in the
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wrong direction. Rather, we need a dental health aide to provide
education, prevention and appropriate services in every village. We
need a more efficient system to provide the needed care safely and
effectively. We need less redtape.
We urge the Senate to adopt the language offered on the House
side by Chairman Young which supports dental aides, but precludes the use of therapists to perform irreversible dental surgical
procedures.
I want to thank you for your time and attention, and I would be
happy to answer any questions.
[Prepared statement of Dr. Brandjord appears in appendix.]
I thank both of the people who testified. The one who is probably
the leading expert among Senators among this would be Senator
Murkowski from Alaska. I will defer to her for questions.
Senator MURKOWSKI. Thank you, Mr. Chairman. I appreciate the
opportunity to lead off with the questions. I unfortunately will have
to be excusing myself after this because I have to get over to the
energy conference, so I am splitting my time.
I do not know. I am not the resident Senate expert because I
spend a lot of time in the dental chair, but I do spend a lot of time
traveling around my State and do know that in terms of health
care issues and the area where we are so lacking is in dental
health care. Dr. Williard, I appreciate your bringing your daughter
here. As a mom with kids that are spending a lot of time in the
dental chair nowadays, it is at this age where we are able to make
a difference with our kids.
Unfortunately, our Native children out in the villages are the
ones that are suffering most. They are suffering because of the
change in diet, as you have indicated Dr. Brandjord, and because
of other changes as we are evolving as a new State, as a society
that is moving from a subsistence lifestyle to a cash economy. It
is hurting out kids teeth. As a consequence, it is hurting us as
adult. It is putting a stress and a strain on the whole health care
system.
What is the answer? The answers are very, very difficult. I, for
one, I have a real hardship when people say that we are experimenting on Alaska Natives by providing them with something. We
are not experimenting. We are trying to do something to take that
first step to give the care that is so necessary and is so needed. I
appreciate your testimony, Dr. Williard. I could tell that it was
coming from the heart and very unscripted. You are living there.
You are talking with the people and you know that when you have
a doctor come to town who just blasts in and blasts out, the information that was left with you while you were sitting in that dentist
chair goes out the window with that dentist.
I know because I was raised in a tiny community where the doctor came to town every other week. It was good news for my family
that my mother was not pregnant that year because she did not
have to worry about whether or not she was going to deliver the
baby by herself or whether the doctor was going to be in town. So
we know what happens when we do not have that continuity of
care. There are lapse. There are gaps.
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So we have to do something. We have to do something. The program that we are talking about here today is novel. It is new and
as a consequence it is raising concerns.
I guess I would like to primarily direct my questions to you, Dr.
Brandjord. When the first class of dental health aide therapists
graduated from the University of Otago in New Zealand, the Associate Dean Tom Kardos, who himself is a dentist, said the following. He said:
The dental therapist will be able to provide oral health care, including undertaking procedures such as fillings and extractions, along with educating their communities in good oral health care and habits in accordance with the course they have
taken.
He has been obviously an advocate for the program. He believes

that the dental health aide therapists can safely do the work for
which they have trained.
So I guess my question to you is, what kind of reach-out or conversation or dialogue has the American Dental Association had?
Have you sent any kind of a delegation to New Zealand to meet
with Dr. Kardos, with his colleagues, to observe the level of training that goes on; to attempt to work out some of the differences
that you have indicated that we have with this program?
Mr. BRANDJORD. Thank you, Senator. No, we have not sent anybody to New Zealand, but last year we sent six volunteers from our
government affairs committee up to Alaska to work in the villages.
They went through their normal credentialing process which was
somehow expedited thanks to Indian Health Service. They worked
side by side with Indian Health Service dentists. They were extremely productive and they worked with Alaska Native dental assistants and dental health aides that were there.
Those dental health aides and dental assistants helped them
with the cultural sensitivity and with continuity of care issues that
are brought up. Even in the Indian Health Service, there is a problem with continuity of care with the low number of dentists and
the rapid turnover.
So the dependence on continuity of care comes exactly from the
dental health aides and dental assistants in the area. Dental
health aide therapists doing the procedures are not the answer.
When we looked at the different things, the level of care that had
to be provided, it was very extensive care. If we could look at the
screen up there, you can see one of the patients that was treated
by one of our volunteers. That is not simple work. That is something that is more complex.
If we are going to take care of these individuals, we need fully
trained, licensed dentists to provide that level of care. So that is
what we are talking about. We agree almost completely with everything Dr. Williard was talking about in regards to prevention. Absolutely, prevention is the foundation of all health care. We know
that. Dentistry has done a good job with prevention. We have to
do a good job in Alaska, and that is why we believe that there
should be dental health aides in every Alaskan village to help provide dental preventive services, doing services such as providing
fluorides, sealants, cleanings, and also placing temporary restorations.
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So we really think that is a very valuable resource and we agree
on all of those things. In fact, when you look at our proposal, that
is exactly what it is about. Then we add the community oral health
care provider who coordinates all these efforts among a number of
villages and a population base so that when the dentist comes to
that community, villagers will have continuity of care through the
dental health aide that is there, and dentists can be more efficient
by providing care that is a broad spectrum of care at that time. In
fact our program, when you look at it, uses the Anchorage Hospital
model, and with this efficient system to provide the care, their productivity increased many-fold. In fact, in the last year of implementation, their production increased over 100 percent, and over a 3year period of time, over 300 percent.
So we believe that there are four things that we have to do. First
of all, we have to fill up our quotas of Indian Health Care dentists.
The American Dental Association has been to Congress and we
have supported increasing the loan forgiveness payments, which
seems to be a big advantage for getting students out of dental
school going into the Indian Health Service. In fact, when we met
Dr. Grim and one of his assistants, Chris Halliday from Indian
Health Service, he said he believed if he had loan forgiveness for
every slot in the Indian Health Service for dental positions, he
could fill them. So he would need the funding for that. That is one
thing that we want to do.
Second is prevention. I talked about that. Prevention is the foundation for dental care.
Third, are the volunteers. We want to get the volunteers back up
into Alaska.
Senator MURKOWSKI. How do we get them there? We have the
greatest State on Earth and we cannot get professionals to come
out to our villages. We might get them to come out and give us 1
week or 2 weeks on either side of a fishing trip, but we need care
and the care is not just when the fish are running. We have to figure out a way.
Mr. BRANDJORD. It is interesting you say that because our volunteers went up there in the dead of winter. They were not there during fishing season. They understand they are not going up there on
a vacation. They are going to work. We are putting together, and
are now in the process right now of hiring a full-time individual at
the American Dental Association to work with finding volunteers
and setting up the coordination of getting these volunteers into Indian villages and into Alaskan villages. We are trying to get the
care where it is needed.
In fact, when we were putting this together, it is interesting that
we talked to other different health care providers who have volunteer programs. The great State of Alaska is a little different than
some other States because when we talked to the American College
of Obstetricians and Gynecologists, they have a volunteer program
and their members sign up to participate in these programs to go
out specifically through the Indian Health Service. They have given
up on going to Alaska because of the credentialing problems. They
are different than anyplace else.
So one thing that this Committee could do is to bring about a
central certification process that could be used for volunteers to go
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into these areas to help. Our volunteers that went, it has been a
year and a half now, those that went then have to reapply and get
recredentialed now. If they went to one village for one week and
another village for another week, they would have to be
recredentialed. That is inappropriate.
Senator MURKOWSKI. It is.
Mr. BRANDJORD. When we talked to the Joint Commission on Accreditation, of Healthcare Organizations those people say we could
work with a much simpler form where there would be temporary
privileges less paperwork.
Senator MURKOWSKI. We want to work with you on that
credentialing.
Mr. BRANDJORD. We would love to work with you.
Senator MURKOWSKI. From what I understand, we have extended
that offer to kind of work through some of these issues on the
credentialing. To the best of my knowledge, you have not taken us
up on the offer, so we would hope that we would be able to. That
seems like one that we ought to be able to figure through.
Mr. BRANDJORD. I would totally agree with you. It is interesting
that I have a letter here from a dentist in Alaska. If I may read
it, it is very short. It is dated May 25:
On or about February 11 of this year, I submitted an application to participate
in dental project backlog. During the first week of April of this year, I was
fingerprinted as part of the application process. It is now almost June. I understand
there are building transition issues on your part, but what is the status and fate
of my efforts to help alleviate the access issues in the villages?
So yes, we have made that effort, but we are not getting a response on the other side. I do not know how we do that. But if
there is some way to aid us, and when we went out there, we did
not just go out on our own. We went with the Indian Health Service dentists and we worked with them. We believe that that is not
a solution that is going to last forever, but if we can get them over
this backlog of dental disease, we believe we can make a difference.
Senator MURKOWSKI. How many dentists do you think you are
going to be able to or would have to recruit to be able to assist in
this effort, full-time dentists?
Mr. BRANDJORD. For full-time dentists, I do not know. That
would have to be through the Indian Health Service. I am not sure.
But last year at our House of Delegates, which has 360 members,
on 1 day, we handed out a paper, just asking how many would volunteer for a minimum of 2 weeks to go to Alaska. We had 140 volunteers.
Senator MURKOWSKI. Well, I am not meaning to be the negative
nabob here, but one of our big problems is that most of these villages, there is no hotel. There is no bed and breakfast. You are
there and you might sleep at the home of the community health
practitioner or maybe in the gym. It makes it tough on people. So
we have some issues that just make this tough. We need to know
that we have a realistic timeframe that we are dealing with, and
that we are dealing with enough numbers that we can actually
make a difference.
We need to get through this backlog, but we recognize that kids
are born every day, and they are going to have the next generation
369
of dental problems. So this is not just something that we can get
on top of the wave now and be clear with.
Mr. Chairman, I am going to have to submit the rest of my questions for the record. I really apologize because this is extremely important. I think you can tell that I want to do something. I hear
that you want to do something. We certainly know that from the
Alaska perspective, those professionals who are giving so much
every day want to make something work.
I do not want to get in a situation where I feel it is the Dental
Association saying this is our turf and nobody else can come onto
it. This is not about turf. This should be about the health and wellbeing of Alaska Native people. If we can put together a program
that provides for continuity of care, that is good and safe and
works, we have the benefits of telemedicine where you can be talking to your real-live doctor in Boston and working on a procedure.
We have made incredible advancements in the State with telemedicine.
I would like to think that we can work through some of these
issues so that we do not have dentists saying there is no other way
except for us to come up, and as Alaskans knowing that Shauna
here is going to be able to see a dentist two weeks out of every
year, and hope that her toothache is during that 2-week time period. So work with us.
Mr. BRANDJORD. We will work with you. We realize the epidemic
of dental disease that is there. We want to do nothing more than
help to resolve that issue. But to resolve that issue, to keep doing
fillings and extractions will not resolve it. What will resolve it is
to have good preventive care. We can accomplish that with the dental health aides.
In regards to your statement about the facilities and the bed and
breakfasts up there, yes, the bed and breakfast for every one of our
volunteers up there was bringing their own sleeping bag and sleeping on the floor of the clinic. So yes, we are familiar with that, but
they are still willing to go back. They are that dedicated. I think
that is something that is hard for people to perceive.
I thank you for your concern.
Senator MURKOWSKI. It is also hard for them to give more than
2 weeks, and that is one of our biggest problems. That dedication,
that passion is there and they will come up and they will give, and
it is extremely generous. We do not want to denigrate that generosity, but there is a recognition that there are 50 other weeks of the
year that are without any kind of care. So we will work on filling
those gaps.
Mr. Chairman, thank you very much.
Senator Isakson.
Senator ISAKSON. Thank you, Mr. Chairman.
Yesterday, I had one of those irreversible dental procedures
known as a root canal, so I am having a tough time talking about
this subject. [Laughter.]
Senator ISAKSON. I am honored to be here and appreciate both
your testimonies. I am sorry I was late for the other panels.
Dr. Williard, you are a dentist and I take it you oversee a regional plan. Do you manage the dental health aides?
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Ms. WILLIARD. Yes; I do.
Senator ISAKSON. I do not want to cut you off, but I want to get
to the end question.
Ms. WILLIARD. Okay.
Senator ISAKSON. And that is a full-time program for the Native
Alaskans.
Ms. WILLIARD. Yes.
Senator ISAKSON. How many dentists and how many dental
health aides are in that program?
Ms. WILLIARD. We have nine dentists in the Bethel area. We
have two dental therapists, and we have nine primary dental
health aides.
Senator ISAKSON. Okay. Here is my question, and I did not get
a chance to read. I take it this S. 1057 has a scope of practice component to it. What new scope of practice are these therapists or
aides going to be allowed to do under this bill that they cannot do
now?
Dr. WILLIARD. There is no new scope of practice that they would
be able to do under S. 1057. What the American Dental Association
would like to see done is to have this bill modified so that it takes
away the rights that we have to practice as we are doing right now.
Senator ISAKSON. Okay. Now, Dr. Brandjord just referred to the
program they had recommended. They have suggested a program
which I take it drew the line on scope of practice for the therapist
and the aides. Is that correct?
Dr. WILLIARD. Yes.
Senator ISAKSON. You said you have nine dentists there in your
program now?
Ms. WILLIARD. Yes.
Senator ISAKSON. Then that is not enough dentists to do the irreversible dental procedures?
Ms. WILLIARD. We have 15 dental positions in our area, so we
have 6 that are vacant right now. As I have said before, filling
those vacancies does not actually provide enough treatment ability
to meet the needs. So even if we were to get 100 percent filling of
those positions, it still would not meet the needs that are out there.
That would just meet the criteria that have been set by what is
able to be funded by the IHS and by our corporation.
Senator ISAKSON. One of the issues that comes up in many
health professions in scope of practice is a shortage of trained people being the justification to allow a scope of practice possibly beyond the training of others. Are we in that position in Alaska now
where we in effect have people who are trying to do the best they
can, but are not sufficiently trained to do, say, root canals, which
I think take a lot of training after yesterdays experience? I hope
so.
Dr. WILLIARD. You are talking about the dental therapists not
having the training to do that?
Senator ISAKSON. Yes. I am saying, in Alaska are we having to
resort to asking people, with the best of intention, to do procedures
they are not trained for?
Ms. WILLIARD. No; we are not asking them to do procedures they
are not trained for. The dental therapists that we have sent to
training and are training further in our own facilities have a spe-
371
cific scope of practice which limits what they can do in a patient
care setting. That limit will keep them in a practice setting that
utilizes only what their skills are. If a patients care needs get beyond the limits that a dental therapist has been trained to provide,
then they are trained to recognize those limits and refer to a dentist.
The picture that you saw earlier from the ADA, definitely I agree
with them. That is beyond the scope of practice of a dental therapist. That patient would be referred to the hub clinics for treatment. But fortunately, that is not the only kind of patient we see.
We do have a lot of patients that need a little less than that severe
care, and can be seen by the therapists and the procedures that
they are capable and competent of performing.
Senator ISAKSON. Okay. Dr. Williard, in the proposal that the
ADA made, what is it that you do not like about their proposal?
Ms. WILLIARD. They have excluded the use of the therapists.
Senator ISAKSON. Totally? Or just for these irreversible procedures?
Ms. WILLIARD. The therapists are distinguished by the fact that
they can do irreversible procedures. What their suggestion would
do for a therapist is strip them of their ability to provide those
services. They would become basically a primary dental health
aide, which is a health aide that we already have and who we can
train for about a month in Bethel to provide the preventive services
and the fluoride treatments that they are providing already.
So basically, it would be the equivalent of tying a dentists hand
or arm behind their back and asking them to treat a patient. That
is what their proposal would do. We do not say that their proposal
is not okay, for lack of a better word. I think it is a good proposal
in some settings. I think it would be fine to do that Community
Oral Health Practitioner Program in parallel with the Dental
Health Aide Program. Anything that people are willing to do to try
and help provide more services to our area is a good thing as long
as it is well thought out and supported with data.
What I do not agree with is that the American Dental Association is not willing to allow that to happen at the same time as our
Dental Health Aide Program is running. They want us to drop the
program and then pick up this other program. That will not work.
We have seen and looked at all of the studies that show that the
dental therapist is a safe, quality provider. You can look at Gordon
Trueblood from Canada who has done extensive studies on the
quality of care provided by a dental therapist.
In those studies, he has shown that the quality is equal, if not
better, than a dentist in the procedures that a therapist is allowed
to perform. A therapist does not do a whole scope of dental procedures that a dentist would do. Their training is very heavily geared
towards teaching them what their limits are. This is very different
from what you might learn in dental school, where you are taught
all eight different specialties in the dental field. Nobody tells you
that you cannot do something.
Senator ISAKSON. Mr. Chairman, could I have the liberty of asking two more questions?
Senator ENZI. Certainly.
Senator ISAKSON. I know I have gone beyond my time.
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I have said this before, and am not taking sides here even
though it is going to sound like I am. The dental profession, of all
the health professions, seems to me to have done a remarkable job
of lessening the volume of work because of what they did in preventive health care, fluoridation of the water, and good health
practices. You, Doctor, and the association are to be credited for
that.
It sounds to me like the exacerbation of the problem in Alaska
over the last 10 years is a whole absence of that, or at least a significant one. Otherwise, it may be the change in eating habits, you
referred to people fluoridating and things like that.
If it has been done once in the continental United States, understanding there is a world of difference in Atlanta, Georgia and
Alaska, and where Native villages might be. I know accessibility is
a problem and everything else. I guess I ought to ask the Doctor
a question for a minute, because I have been directing everything
to you.
Is your proposal designed with that goal in mind? If it is, can the
number of trained professionals be available to meet the demand
that exists today, and even would exist if there were some lessening of those problems?
Mr. BRANDJORD. Thank you for your question. First of all, with
the proposal that has been made, using the community oral health
provider, that particular program, and it has been looked at by
these three people in education and then one who is the director
up at the Anchorage dental facility, they estimate that using that
particular program, 85 percent of the individuals within that village could be seen and taken care of in any year. Now, that is in
the paper that has been submitted along with our written testimony.
One other thing in regard to your comments about the scope of
practice of individuals, part of the issue is that the expanded function dental assistants can help do some of the reversible procedures
and that is why they become more efficient. They will have one
dentist per three or four auxiliaries in the Anchorage facility working in up to three chairs at one time so that they can be more efficient and produce more care, and then deliver also more preventive
services.
So yes, there is an expanded scope that is there that can be done,
and yes they can reach more people.
If I can just add one thing. You mentioned fluoridation. There
are fluoridation units in the villages, but they are not activated
right now. Some of it is the CDCs requirements for maintenance.
From our understanding now, we have some new technology that
CDC has and that has been implemented in the tribal villages in
South Dakota where they have remote control of the fluoridation
of the water system that can work.
Senator ISAKSON. Well, I have abused my time. CDC is in my
home State and if you all have any problem with them, you let me
know because you need all the help you can get out there.
Your daughter is beautiful, Dr. Williard.
Ms. WILLIARD. Thank you.
Senator ISAKSON. Thank you for the time, Mr. Chairman.
373
Ms. WILLIARD. Could I make one comment about the program,
the community oral health aide program?
Senator ENZI. Certainly.
Ms. WILLIARD. Thank you, sir.
The program, it was written by a panel of people who did include
one of the chiefs from the Anchorage area, Tom Kovalesky. In teleconferences and meetings with the authors of that proposal, and
the dental chiefs of Alaska throughout the State, Dr. Kovalesky
and the other officers did concede that this proposal was probably
not as effective in the rural areas and that it would be more effective in an urban setting.
The situation that we find in our individual villages, having to
fly in by airplane and being spread out with such small populations
in some of these communities, the models that are used in that program do not apply. That is something that the dental directors outside of Anchorage unanimously agree with.
I want to thank both of you and all of the other people that have
testified. I apologize for the interruptions. We are still doing votes.
Senator McCain and I have been shifting off and on here so that
we would have somebody chairing and could continue to gather the
information. All of this, of course, builds some testimony that will
be used in furthering the legislation, correcting the legislation,
drafting additional legislation.
There will be more statements submitted by other members of
both committees, and questions that I hope all panelists will take
time to answer. You will not all receive questions because we will
be searching for things that are in your area of expertise or clarifications on what you said in your statement or things that you
may have said today.
Also, members of the panel, if you have some comments in regard to other questions that were not asked, or if you want to expand on the comments that were made, you are perfectly able to
do that, too. The record will remain open for another 10 days to
complete that process.
So I appreciate everyone who has helped out here today and the
hearing is adjourned.
[Whereupon, at 4:55 p.m., the committee was adjourned, to reconvene at the call of the Chair.]
APPENDIX
ADDITIONAL MATERIAL SUBMITTED
PREPARED STATEMENT
OF
FOR THE
HON. MARIA CANTWELL, U.S. SENATOR
RECORD
FROM
WASHINGTON
Thank you, Mr. Chairman. I appreciate your continued leadership on these issues
which we have been working on for a number of years.
Id also like to thank you for opening this hearing up to our HELP Committee
colleagues. Their expertise in healthcare delivery, will be extremely valuable as we
work together to improve the health and well-being of Native Americans.
I believe reauthorizing the Indian Health Care Improvement Act will help us
begin to close the disturbing health disparity in Indian country and allow us to fulfill the United States obligation for Indian health.
According to the U.S. Commission on Civil Rights, between 1998 and 2003, industry experts estimate that medical costs grew approximately 1012 percent, while the
IHS funding increases are less than 5 percent annually. When compared to other
Federal health expenditures, its clear that IHS is grossly under funded. We have
a responsibility to take a close look at the healthcare services were providing to this
population and make sure that theyre equitable and adequate.
This issue is particularly important to Washington State. Between 19902000, the
Indian population grew almost by almost 28 percent7.5 percent faster than the
rest of our population. The life expectancy for Indians living in Washington is approximately 4 years shorter than that of the rest of the population, due to factors
that we can impactchronic under funding of the Indian Health Service, the lack
of geographically available health services and the lack of trained providers that are
available to serve the Indian population. We can address these issues for Washington and the rest of Indian country by moving forward with the reauthorization of
this critical legislation.
To give you an idea of how badly this legislation needs to be updated, Ill use the
example of behavioral health services. The current law limits behavioral health
services to those dealing with substance abuse. While substance abuse is a critical
health issue, mental health disorders are not addressed. This is particularly alarming when one looks at the suicide rate of the Indian population91 percent higher
than the rest of the United States. Clearly there is a need for increased attention
to the behavioral health needs of the Indian population.
Im pleased to see the increased focus on preventative health in this bill. While
Indian country is still experiencing a shorter life expectancy than other American
populations, the causes of death have shifted. Today the leading causes of death
among Indian populations are chronic disease rather than infectious disease, communicable diseases. The health disparities that exist among the Indian population
are numerous and unacceptable. They have higher rates of almost every disease and
adverse health condition:
Alcoholism777 percent higher.
TB650 percent higher.
Diabetes450 percent higher.
Accidents208 percent higher.
(375)
376
Pneumonia/influenza52 percent higher.
Suicide rate91 percent higher.
Although the health disparities still exist in Washington and across the country,
we have made progress. I am aware, for example, of our success in the Northwest
in reducing the rate of Sudden Infant Death Syndrome, diabetes, HIV/AIDS, cancer
and tobacco use through the use of health promotion and disease prevention programs. Reauthorization would allow for the expansion of facilities construction options, enhance tribal decisionmaking and enhance the ability to recruit, train and
retain health professionals.
The last time this bill was reauthorized was in 1992 and it expired in 2000. Since
then, bills have been proposed every year to no avail. This is a very complicated
issue, its a huge bill but the time has come to fully address the health needs of
the Indian population.
We have a legal and ethical responsibility to provide healthcare to Indians and
this is the perfect opportunity to begin to address ways in which we can improve
the way we do so.
One area of great concern to me is the impact of the Medicare Prescription Drug
Benefit implementation on Indian country. The Tribal Technical Advisory Group
was formed to consult with the Center for Medicare & Medicaid Studies (CMS) on
reimbursement rates and policies. Under the roll-out of the transitional assistance
or, the drug discount card, under the Medicare Modernization Act earlier this year,
we saw many problems in the implementation of this program. Beneficiaries were
often confused about their choices and many didnt know they even had a choice to
make. Like other low-income elders across the country, low-income Indian elders
will experience a gap in prescription drug coverage when their costs exceed the initial $1,500 coverage limit. Most Indians will expect their HIS and Tribal Clinics to
pay for their pharmaceuticals after they fully utilize their prescription drug coverage. However, IHS expenditures will not be counted toward the threshold to qualify for the catastrophic coverage under the drug plan. IHS will have to absorb all
pharmacy costs for Indian elders up to the $3,600 annual limit. I am hopeful that
in consultation with my colleagues on the Senate Finance Committee, we will resolve this inequity.
Another area of grave concern to me is the lack of attention that behavioral
health services in our healthcare delivery system. According to the Indian Health
Service, 13 percent of Indian deaths occur in those younger than 25 years of age
three times that of other populations and the U.S. Commission on Civil Rights
points out that American Indian youth are twice as likely to commit suicide.
Reauthorization is especially important as it provides an opportunity to address
the need for mental health coverage within the IHS. Title VII proposes a comprehensive approach for behavioral health assessment, treatment and prevention.
Under current law, behavioral health provisions are largely limited to substance
abuse treatment and prevention and the issue of mental health is largely
unaddressed.
The current Indian health bill is a product of much collaboration between tribal
leaders, IHS officials and program personnel and its imperative that we look to
these experts during this process.
Id also like to thank Ralph Forquera, the executive director of the Seattle Indian
Health Board, for joining us here today. Each year, the Seattle Indian Health Board
serves over 6,000 individual patients and provides approximately 30,000 patient encounters. While the Seattle Indian Health Board has become quite skilled at providing high quality services with limited funding, theyre currently facing a budget
shortfall of $200,000 for clinic services. We must work to make sure that our providers have the resources they need to provide high quality health care to the Indian
populations all over the country and especially here in Washington.
Im looking forward to hearing of the Seattle Indian Health Boards many accomplishments, especially as they relate to the health needs of urban Indians.
Once again, thank you Mr. Chairman for beginning the reauthorization of the Indian Health Care Improvement Act and for holding this hearing. The time has come
for this bill to finally be reauthorized and I look forward to working with my colleagues in the Senate to make this a reality year.
PREPARED STATEMENT OF HON. BYRON L. DORGAN, U.S. SENATOR FROM NORTH
DAKOTA, VICE CHAIRMAN, COMMITTEE ON INDIAN AFFAIRS
I thank Chairman McCain for his leadership.
I thank my colleagues on the HELP Committee for joining with us in considering
today the Indian Health Care Improvement Act Amendments of 2005. I am particu-
377
larly pleased to note that two of our colleagues from the HELP Committee Senator
Kennedy and Senator Bingamanhave asked to be added as cosponsors of S. 1057.
It is my earnest hope that, by working togethertogether as authorizing committees, and together with the Administration and representatives of Indian country
the Indian Health Care Improvement Act will be reauthorized this year.
I know our witnesses today will provide additional statistics regarding health
needs in Indian country. We cannot, in good conscience, be satisfied with the status
quo like this:
Native American youth are more than twice as likely to commit suicide; in the
Great Plains area the likelihood is as high as 10times.
American Indians and Alaska Natives are 517 percent more likely to die from
alcoholism.
650 percent more likely to die from tuberculosis.
318 percent more likely to die from diabetes.
204 percent more likely to suffer accidental death.
Over the past few months, my colleagues have heard me speak on the Senate floor
about Indian health care in connection with amendments I have offered to the fiscal
year 2006 budget resolution and the fiscal year 2006 Interior appropriations bill. My
amendments proposed to provide an additional $1 billion for programs not only in
the IHS, but also BIA, tribal colleges, water infrastructure.
I have talked on the Senate floor about people in tribal communities who are
hurting and in desperate need of services. Many of these people I know or have
known, or, in the tragic case of Indian youth suicide, whose surviving family members I have met with.
I know this is true, too, for Dr. Grim and the other witnesses who will testify
todayyou all see and hear and experience, every day, the very real need for the
kinds of services and programs and facilities, the kinds of best practices, collaborations and innovations that S. 1057 would authorize for American Indian and Alaska
Native communities. I want to thank each of you who has stuck with this reauthorization process since 1999 and earlier for your persistence and continuing vision.
I want to say that I am particularly pleased with and supportive of the provisions
of title VII of the Indian Health Care Improvement Act Amendments of 2005. This
section of the bill would authorize the Secretary of Health and Human Services
through the Indian Health Service, the tribal health programs and the urban Indian
organizationsto develop a comprehensive behavioral health prevention and treatment program. Such a program would emphasize collaboration among alcohol and
substance abuse, social services and mental health programs and would benefit all
age groups.
Since the Committee on Indian Affairs hearing on June 15 on teen suicide prevention, several more youth suicides have occurred on the Standing Rock Reservation in North and South Dakota. The services and programs for Indian youth, in
particular, the training of paraprofessionals, the education of community leaders,
the construction and staffing of new facilities and research that would be authorized
by title VII will make a very real difference in the lives of men and women who
live at Standing Rock, and all Native Americans.
I look forward to the comments today of the Indian Health Service, the tribes and
urban Indian organizations, and others and appreciate your help in improving this
legislation that will provide creative and effective solutions to address the health
needs of Indian people.
PREPARED STATEMENT OF HON. MICHAEL B. ENZI, U.S. SENATOR FROM WYOMING,
CHAIRMAN, COMMITTEE ON HEALTH, EDUCATION, LABOR, AND PENSIONS
Good afternoon. Thank you for coming to todays joint hearing on the Indian
Health Care Improvement Act.
There is no greater challenge before us in the Congress than the work we must
do to continue to improve the quality of the health care that is available to those
living on reservations. Unfortunately, it seems that no matter how much progress
we make, there is always more to do. Todays hearing will enable us to chart our
current progress and discuss what we can do to increase the services that are available to address the physical and emotional problems that continue to plague American Indians and Alaska Natives.
When the Indian Health Care Improvement Act was first signed into law in 1976,
it was written to address the findings of surveys and studies that indicated that the
health status of American Indians and Alaska Natives was far below that of the
general population. It continues to be a matter of serious concern that, as the health
378
status of most Americans continues to rise, the status of American Indians and
Alaska Natives has not kept pace with the general population.
Studies show that American Indians and Alaska Natives die at a higher rate than
other Americans from alcoholism, tuberculosis, auto accidents, diabetes, homicide,
and suicide.
In addition, a safe and adequate water supply and waste disposal facilities, something we all take for granted, isnt available in 12 percent of American Indian and
Alaska Native homesas opposed to 1 percent of the general population. Several
years ago, residents on the Wind River Reservation in Central Wyoming faced a
drinking water shortage that threatened the health and safety of everybody in the
area. Canned drinking water had to be donated to tribal members and local residents. The lack of these basic services makes life even more harsh for these people
and contributes to those already high rates of death.
Coming from Wyoming, I know full well the problems we encounter in the effort
to provide quality health care to all the people of my home State. That is why I
have always made it one of my goals to help bring that perspective to the hearings
and floor debates we have on the issues that affect the people of my State.
When I was first elected to the Senate in 1996 I knew that quality of life issues
on the reservations in Wyoming and throughout the country would continue to be
a top priority of mine. I also knew that, in order to make life better for those living
on the Wind River Indian Reservation specifically, and other reservations nationwide, my staff and I would need to be intensely committed to taking the issues
head-on and looking for creative ways to solve complicated problems.
That is why I put someone on my staff who already had a great deal of experience
with these issues and shared my commitment to act on them. His name is Scotty
Ratliff and he served with me in the Wyoming legislature. I tasked him with the
challenge of helping me to find solutions to the problems on our reservations that
would be both progressive and culturally sensitive.
Tribal leaders are already committed to making things better on their reservations and I congratulate them on their vision and the hard work they have put into
making it a reality. My only question continues to be, How can I help? In the
years since I have been in the Senate I have made numerous trips to the Wind
River Reservation in Wyoming and met and spoke with the residents and tribal
leaders. We all want the same goala better life for those who live there. I am confident that working together we will continue to make the kind of progress we must
make if we are going to find effective and efficient ways to address the problems
that continue to plague those living on our reservations across the country.
As I noted during my visits to the Wind River Reservation, their problems are
not unique to them. To have an impact on all those who live on reservations from
coast to coast, we will need to take a varied approach to address each of these problems separately. Clearly, people of different ages have different problems. A multifaceted approach to solving each of their problems will require a systemic, as well
as a financial approach.
Local, State, and national governments and agencies must work together with
tribal leaders to focus our resources where they will do the most good. That kind
of approach has the greatest chance of being successful.
Earlier this year the HELP Committee held hearings on the nomination of Michael Leavitt to serve as Secretary of Health and Human Services. I believe we are
fortunate to have Michael Leavitt at the helm of an agency that oversees the health
care needs of the people of reservations all across the country. I am also pleased
Dr. Charles Grim is here with us today. Dr. Grim has an important job to do as
the Director of Indian Health Services and he knows firsthand the level of dedication it will take to steadily improve health care for all American Indians. Dr. Grim
has an unmatched understanding of the needs of Native Americans that you cant
get from reading reports and memos from people out in the field. I have every confidence in his willingness and his ability to be an important part of the solution to
the health care needs of those on our reservations and beyond.
Againthe good news iswere making progress. As we do, we continue to find
so much more that needs to be done. How do we best provide the assistance that
is needed effectively and efficiently? That is the challenge that lies before us.
As we begin to hear from our witnesses, I would like to acknowledge and thank
them all for their willingness to share their experiences with us so that we might
craft a more effective bill to address the health care needs of our American Indian
and Alaskan Native population.
I would also like to welcome Richard Brannan, the chairman of the Northern
Arapaho Business Council of Fort Washakie, WY. No one knows better than he does
the problems faced by those living on reservations and by those who rely on the Indian Health Service for their healthcare needs. No one understands better than he
379
does the necessity of making progress in addressing the health disparities experienced by American Indians. Most important of all, no one is more committed than
he is to making a difference in the lives of all those who live on the reservation.
I know he has an important message to share with us based on his experience
and background with all those who live on the Wind River Reservation. I look forward to his comments and those of our entire list of witnesses. Each of you has a
perspective and a point of view to share that only you can provide. I look forward
to hearing a summary of your prepared remarks so we can address the underlying
issues during our question and answer session.
PREPARED STATEMENT
OF
HON. DANIEL K. INOUYE, U.S. SENATOR
FROM
HAWAII
Thank you Mr. Chairman. I commend the committees for holding this hearing
today.
The status of Indian Health Care has significantly improved over the years and
Indian mortality rates have declined. However when compared to the United States
general population Indians have a higher likelihood of dying from diseases such as
alcoholism [770 percent], tuberculosis [650 percent], AND DIABETES [420 percent].
Life expectancy is also 5 years less than the general population. Preventive health
services are needed more than ever as is increased funding for those programs and
services.
In 1976 the Indian Health Care Improvement Act was enacted into law for the
specific purpose of increasing the health status of native peoples. Since then bills
were introduced in the 106th, 107th, 108th, and 109th congresses. Although these
efforts were disappointing, I commend Congress for continuing to work on these crucial issues.
This bill is critical to Indian country. It authorizes behavioral programs, provides
alternatives for rural dental care, and authorizes the Indian Health Service to provide long-term care, are among the many positive changes that I have seen in this
bill. I believe it is congress obligation to ensure that Native Americans have full
and timely access to health care.
There is some language in the bill that I am concerned about because it may be
detrimental to tribal sovereignty. However I will continue to work closely with my
colleagues.
I commend my colleagues Senators Dorgan and McCain for drafting this legislation. Once again, thank you for holding this hearing.
PREPARED STATEMENT
OF
HON. EDWARD M. KENNEDY, U.S. SENATOR

MASSACHUSETTS
FROM
I commend Senator McCain, and Senator Enzi for convening this joint hearing on
the Indian Health Care Improvement Reauthorization Act. The Nation has a legal
and moral commitment to provide Native Americansthe Nations first Americanswith the best possible health care, and Im pleased to be a cosponsor of this
important bill.
From the earliest days of colonization that brought infectious diseases to Native
Americans, to the 18th century military conflicts that sought to destroy Native peoples, to the 19th century treaties that sought to confiscate Native lands, to the 20th
century boarding schools that sought to undermine, tribal culture and language, the
history of Native America has often been a shameful part of the history of America.
The Federal Government has long promised better health care to Native Americans in exchange for land. Since at least 1926, the Government has been looking
into the adequacy of such health care, but sadly, many of the inadequacies identified
in the 1920s still exist today.
Decade after decade, Congress refused to give tribes the resources to develop and
operate their own communities. Too often, it was said that Indian peoples did not
have the expertise to invest such resources wisely to conduct their own governments, operate their own businesses, educate their children, or provide health care
to their people. For generations, this reactionary national mentality poisoned the relationships between tribes and the Federal, State, and local governments.
Native Americans are eager to improve the health status of their people. They deserve control of their own destiny, but they require Congressional action to make
their vision a reality, and it is time for us to honor the commitments we made long
ago.
Chronic underfunding of American Indian and Alaska Native health care by the
Federal Government has weakened the capacity of the Indian Health Service, tribal
governments, and the urban Indian health delivery system to meet the health care
380
needs of the American Indian and Alaskan Native population. The Indian Health
Service per capita expenditures for American Indians and Alaskan Natives are onehalf of what is spent for Medicaid beneficiaries, one- third of that spent by the Veterans Administration, and one-half of what the Federal Government spends on Federal prisoners health care.
As a result of inadequate funding, American Indians endure health conditions
most Americans would not tolerate.
Native Americans are 8 times more likely to die from alcoholism, 7 times more
likely to die from tuberculosis, 5 times more likely to die from diabetes, and 50 percent more likely to die from pneumonia or influenza than the rest of the United
States, including white and minority populations.
Native American infants die at a rate 212 times greater than the rate for white
infants.
Native Americans are at a higher risk for mental health disorders than other racial and ethnic groups in the United States.
Their cardiovascular disease rate is twice that of the general population.
Their life expectancy is 71 yearsnearly 5 years less than the rest of the population.
These statistics represent real people who deserve more from the U.S. Government.
The Indian Health Care Improvement Act has been amended many times, but it
was only extended through 2001. It is long past time to reauthorize this act.
Congress has been working to do so for the past 5 years. The current legislation
reflects years of consultation with the Tribal National Steering Committee and
holds great promise for improving the lives of Native Americans through comprehensive public health efforts. Despite widespread support, the bill has not been
brought to the Senate floor for a vote.
A better future is well within our grasp. We have a unique opportunity to make
much more rapid progress on the long journey toward respect for our First Americans. We must bring the Indian Health Care Improvement Reauthorization Act to
the floor. We must pass this legislation. Until every American Indian and Alaskan
Native receives first class health care, we will never give up the fight. I look forward
to this hearing and to the testimony of each of the witnesses.
PREPARED STATEMENT OF HON. JOHN MCCAIN, U.S. SENATOR

CHAIRMAN, COMMITTEE ON INDIAN AFFAIRS
FROM
ARIZONA,
Good afternoon. The bill before us today, S. 1057, is the latest iteration of the reauthorization of Indian Health Care Improvement Act that has lingered in the Senate for many years. And while there was much debate about the measure at the
end of the last Congress, the need to improve the provision of health care services
for Native Americans is undebatable. I am very heartened that our colleagues from
the HELP Committee under the leadership of Chairman Enzi and Ranking Member
Kennedy have so actively engaged in advancing the legislative process. I appreciate
not only their support, but the expertise and insight that the HELP Committee
brings to the effort.
Nearly 30 years ago, Congress enacted the Indian Health Care Improvement Act
to meet the fundamental trust obligation of the United States in providing comprehensive health care to American Indians and Alaska Natives. It was last reauthorized in 199213 years ago.
This act is the statutory framework for the Indian health system and covers just
about every aspect of Indian healthcare. S. 1057 builds on that framework by providing significant advancements in health care delivery and by promoting local decisionmaking, tribal self-determination and cooperation with the Indian Health Service.
Those critical improvements include increased access to care, especially for Indian
children and low-income Indians, programs designed to recruit and retain
healthcare professionals on Indian reservations, and alternative financing for
healthcare facilities and other services.
Reauthorization of this Act is a high legislative priority. It has been 6 years in
the makingfar too long for the much needed improvements. Substantial work was
completed last year and we have but a few remaining issues that I hope we can
resolve quickly so that the bill can be enacted soon. I welcome the witnesses and
look forward to the testimony.
381
PREPARED STATEMENT
OF
HON. PATTY MURRAY, U.S. SENATOR
FROM
WASHINGTON
Thank you Mr. Chairman.

I want to thank Chairman Enzi for holding this joint hearing. Im happy that my
colleagues on the HELP committee have this opportunity to learn more about the
crisis facing tribal communities today and why this bill is so critically important.
Mr. Chairman, I believe improving the quality and access of health care in tribal
communities is one of the Federal Governments greatest treaty obligations. But
when it comes to providing that care
the Federal Government has fallen short of its moral and legal obligation.
Chairman Enzi, Id ask for your commitment to continue to work together on this
important issue so that we can help the Committee Indian Affairs move this bill
forward.
I know you have some concerns about the bill and Id like to work with you to
address them. As you may know, this legislation has been through an exhaustive
review by tribal leaders and health professionals, the Committee on Indian Affairs
and the Administration.
And in light of two reports by the U.S. Commission on Civil Rights documenting
the health care disparities facing Native Americans living on reservations and in
urban areas it is time for the Congress to reauthorize this law.
Finally, Id like to join with my colleagues in welcoming Ralph Forquera to the
committee. Ralph is a national leader on issues affecting Native Americans living
in urban areas and Im pleased to see hes here today representing the Seattle Indian Health Board.
Thank you.
PREPARED STATEMENT
OF
MARK KELSO, DDS, NORTON SOUND DENTAL DIRECTOR

NOME, AK
As a dentist with 19 years of direct patient care experience in Western Alaska,

I believe that I can speak with great credibility regarding the dental needs of the
indigenous people of the region. I have observed the cycle of destructive dental disease repeated from one generation to the next. The current method of itinerating
dentists to rural communities for several weeks annually does little to elevate the
publics aptitude toward the importance of good oral health. The dentists role is
viewed as one of simply alleviating pain and infection or repairing decayed teeth.
While this service is important, it ultimately shifts the burden of ones own responsibility in the maintenance of their oral health to that of the provider.
The dentists being of different ethnicity and cultural upbringing are not easily
viewed as a role model for children and young adults to emulate. The dentists short
duration in the village also hampers their ability to bring about long-term patient
motivation. Patients respect the dentists advice while they are there, but their enthusiasm to better clean their teeth and limit the intake of sugary foods soon fades
upon the dentists departure. Established poor dental habits re-emerge.
A dental chart review demonstrates that patients receive the care that is warranted. An ongoing trend of preschool children being afflicted with rampant dental
decay in the baby teeth and subsequent restoration of these teeth either by multiple
sedation appointments locally or by operating room procedures in Anchorage is a
frequent occurrence. The erupting adult teeth are cleaned, sealed, and fluoridated
but ultimately succumb to the rigors of poor diet and hygiene. The teeth usually receive several fillings of increasing complexity. In too many cases, the teeth reach
a diseased state in which extraction of all of the teeth is the only viable treatment.
Full dentures are fabricated. An analysis of the cost and effort to provide all of these
services with the end result of being an edentulous teenager or young adult is sobering. Thousands of dollars per patient in both dental and hospital services along with
associated travel were expended.
A change in public perception regarding the importance of good oral health is
needed. Native American dental providers are key in this process. Dental Therapists, residing and working in villages of a high oral disease rate, will be a constant
dental presence in those communities. They will have the luxury to examine and
treat patients more than once a year. More time can be spent on improving patients
oral hygiene index. Weekly fluoride rinse programs in the school will be an important job duty. But to gain the respect of the communities, the Dental Therapists
must be known as the primary dental health care providers. They will obtain this
status by alleviating existing need. The Dental Therapists must be able to perform
routine fillings, treat infected nerves in childrens teeth, and extract painful, hopeless teeth. The dentists will still itinerate through the villages to perform more com-
382
plex treatment, eventually providing higher level services such as root canal completions, permanent crowns and bridges, denture fabrications, and orthodontic assessments not currently available in these remote locations. As the level of dental care
increased in the hub-clinic in Nome, the dental expectation of the community did
too. A decrease in basic dental disease followed. Such a model could be extended
to the villages through the use of Dental Therapists.
Another important aspect is the influence that the Dental Therapists will have
on the school-age children and young adults. A criterion for the selection of all of
the Dental Therapists in the Norton Sound region was that they all possess nice
teeth, value a healthy smile, and practice good oral habits in their daily lives. Many
junior and senior high school girls in the villages, the future mothers of the next
generation, desire to look their best like most American girls. They may wear trendy
clothes, style their hair, and apply cosmetics, but the deteriorated condition of their
teeth negates these other measures. The Dental Therapists will frequently reinforce
the need to alter dietary choices and practice daily oral hygiene to improve this segment of the populations oral health. Through the Dental Therapists own actions,
they can inspire the youth that it is important and cool to have good teeth. It will
not be socially acceptable any longer to brandish a smile of decay -riddled teeth or
missing teeth altogether. Usually the childrens teeth mirror those of the mother,
either good or bad. This will be an excellent opportunity to stop the generational
cycle of rampant tooth decay and premature tooth, loss. The Dental Therapists will
be an ever-present, walking advertisement to the importance of good oral health.
I urge the Senate Committees on Indian Affairs and Health, Education, Labor,
and Pensions to support S. 1057 as it is written. The ability of the Dental Therapists to perform the procedures of fillings, dental pulp treatments, and basic extractions is crucial to their success. The Dental Therapists potential to bring about positive long-term change is greater than that of any number of itinerant dentists, either compensated or volunteer.
PREPARED STATEMENT OF TOM KOVALESKI, DDS, DIRECTOR, SOUTHCENTRAL

FOUNDATION, [SCF] DENTAL PROGRAM
Thank you for the opportunity to submit testimony to the SCIA and HELP Committee regarding the practice of DHATs and section 121 of S. 1057, the Indian
Health Care Improvement Act Amendments of 2005. Please include my testimony
in the record of the July 14, 2005 hearing regarding S. 1057.
I was honored to be one of the four authors of the paper, Integrated Dental
Health Program for Alaska Native Populations. Since the first draft was released,
I have been in regular discussion with tribal dental health program directors in
Alaska. I have stated to them repeatedly that in my view the COHP model should
be viewed by them, by the ADA, and by Congress, not as a substitute for DHATs,
but rather as a tool for achieving additional efficiencies and improvements. In my
view, there is a place for implementation of COHP and DHATs as part of an integrated dental health program.
I do not endorse the conclusion of the ADA that COHP can substitute for DHATs
in resolving the crisis regarding access to dental services among Alaska Natives. I
would recommend both programs be implemented as pilot programs with the results
evaluated closely. While I think both SCFs efficiency expertise and the full implementation of a COHP model may help the crisis, there is still a pressing need for
additional practitioners that expanded function dental hygienists and DHATs could
help fill. Throughout the development of the DHAT standards ultimately adopted
by the Community Health Aide Program Certification Board, I actively participated
with other dental providers in reviewing the Standards and the research base for
mid-level dental practice and shared my concerns around the training and quality
assurance components. I believe that DHATs have the potential to be high quality
providers with proper training and quality assurance.
As a practicing, licensed dentist responsible for a large program serving both an
underserved urban and rural populations, I do not believe the dental community can
afford to reject any responsible approach to expanding access to dental services. I
believe dental assistant training, increased capacity, expanded function hygienists,
COHP, and DHATs, provide such a responsible options for reducing the backlog of
dental disease in Alaska.
I urge Congress to not make changes in the authority of the community health
aide program pursuant to section 121 of the Indian Health Care Improvement Act
under which DHATs are certified so that we can evaluate their impact along with
other strategies.
383
If I can offer additional information that will help you in your deliberations,
please let me know.
INDIAN HEALTH CARE IMPROVEMENT ACT: QUESTIONS
FOR THE
RECORD
(SENATOR HATCH)
JULY 15, 2005
Panel I
Questions for Ms. Rachel Joseph
National Steering Committee
Chairperson, Lone-Pine Paiute Shoshone Reservation
No. 1. Title VII would authorize a comprehensive behavioral health program, reflecting tribal values and collaboration among various substance abuse, social service, and mental health programs. You spoke of the need to have a systems of care
approach to mental health in addition to this comprehensive package. Can you tell
me specifically what this systems of care approach would add to the comprehensive program already outlined in title VII?
No. 2. The National Steering Committee has a long history with this legislation.
Can you tell us what the major stumbling blocks have been to passing this bill in
the past, and how this bill has addressed these issues?
Panel II
Questions for Mr. Don Kashevaroff
Alaska Native Health Tribal Consortium and Tribal SelfGovernance Advisory Committee
No. 1. What, specifically, are the concerns on the part of the Administration with
negotiated rulemaking and how does this bill address those concerns? Why is negotiated rulemaking of particular importance to tribes?
Questions for Mr. Richard Brannan,
Chairman, Northern Arapaho Tribe
No. 1. In your testimony, you stated that the Arapaho Tribe has a high disproportionate number of diabeticswould you please describe the current state of the dialysis program available to the Arapaho Tribe?
No. 2. Regarding the issue of care for the elderly, you mentioned that most
Arapho elderly, choose to remain in their own homesdo you believe that they
would still remain in their own homes if better facilities were available to them?
No. 3. I understand that family and domestic violence remains a large problem
facing the American Indian population, and that expansion of related services is
vital to combating that problem. What services are currently provided on the Wind
River Reservation with regard to family and domestic violence; and what services
do you suggest be added to enhance the current program?
Questions for Mr. Ralph Forquera,
Executive Director, Seattle Indian Health Board;
and Director, Urban Indian Health Institute
No. 1. I am concerned by your statement about the lack of available data needed
to address the growing health crisis among urban Indiansit appears that this crisis may be much larger than we are even capable of gauging. What are the main
reasons it is so difficult to collect data of urban Indians; and, do you have suggestions of what Congress can do to improve the data collection process?
No. 2. Do you consider the trend toward urbanization to be increasing?
No. 3. With regard to the Federal Tort Claim Act, you stated that inclusion could
save considerable expense for programs that are now purchasing private liability insurance to support their work ? can you provide a hypothetical estimate of those
savings?
Panel III
Questions for Dr. Mary Williard, D.D.S.
Yukon-Kuskokwim Health Corporation, AK
No. 1. You support the current program which permits Dental Health Aide Therapists (DHAT) to perform various procedures on patients in remote areas. The American Dental Association has concerns with three of these procedures (extracting
teeth, drilling cavities, and pulpotomies). What programs are currently in operation
that are similar to the DHAT program? Do participants in these programs perform
these controversial procedures? Can you provide us information on these programs:
384
where they are, how long they have been in operation, what studies have been done
assessing their safety and effectiveness, particularly with regard to these three procedures?
No. 2. You mention that the dental therapists will work under the supervision
of a dentist. Who are these dentists and how can they supervise dental therapists
who are in remote villages? What back-up exists if a procedure runs into unexpected complications?
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S. HRG.

INDIAN HEALTH CARE IMPROVEMENT ACT

COMMITTEE ON INDIAN AFFAIRS

COMMITTEE ON HEALTH, EDUCATION,

INDIAN HEALTH CARE IMPROVEMENT ACT

INDIAN HEALTH CARE IMPROVEMENT ACT

COMMITTEE ON INDIAN AFFAIRS

COMMITTEE ON HEALTH, EDUCATION,

For sale by the Superintendent of Documents, U.S. Government Printing Office

COMMITTEE ON INDIAN AFFAIRS

COMMITTEE ON HEALTH, EDUCATION, LABOR, AND PENSIONS

S. 1057, text of .........................................................................................................

INDIAN HEALTH CARE IMPROVEMENT ACT

U.S. SENATE, COMMITTEE ON INDIAN AFFAIRS, MEETING

IN THE SENATE OF THE UNITED STATES

Be it enacted by the Senate and House of Representa-

2 tives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the Indian Health Care

5 Improvement Act Amendments of 2005.

SEC. 2. INDIAN HEALTH CARE IMPROVEMENT ACT AMEND-

(a) IN GENERAL.The Indian Health Care Improve-

9 ment Act (25 U.S.C. 1601 et seq.) is amended to read

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.This Act may be cited as the

3 Indian Health Care Improvement Act.

CONTENTS.The table of contents

5 for this Act is as follows:

Short title; table of contents.

TITLE IINDIAN HEALTH, HUMAN RESOURCES, AND

Indian Health Care Improvement Fund.

Health services research.

Consultation: construction and renovation of facilities; reports.

TITLE IVACCESS TO HEALTH SERVICES

Congress makes the following findings:

(1) Federal health services to maintain and

improve the health of the Indians are consonant

with and required by the Federal Governments his-

torical and unique legal relationship with, and re-

sulting responsibility to, the American Indian people.

(2) A major national goal of the United States

is to provide the quantity and quality of health serv-

ices which will permit the health status of Indians

to be raised to the highest possible level and to en-

courage the maximum participation of Indians in the

planning and management of those services.

(3) Federal health services to Indians have re-

sulted in a reduction in the prevalence and incidence

of preventable illnesses among, and unnecessary and

premature deaths of, Indians.

(4) 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.

Congress declares that it is the policy of this Nation,

14 in fulfillment of its special trust responsibilities and legal

(1) to assure the highest possible health status

for Indians and to provide all resources necessary to