II
110th CONGRESS
1st Session
S. 2145
IN THE SENATE OF THE UNITED STATES
October 4, 2007
Mr. Smith (for himself, Mr. Johnson, 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 ensure that Indian veterans are not liable for certain health care payments.
Short title
This Act may be cited as the
American Indian Veteran Health Care
Improvement Act
.
Health and Human Services–Veterans Affairs collaborations
Findings; purpose
Findings
Congress finds that—
collaborations between the Secretary of Health and Human Services and the Secretary of Veterans Affairs regarding the treatment of Indian veterans at facilities of the Indian Health Service should be encouraged to the maximum extent practicable; and
increased enrollment for services of the Department of Veterans Affairs by veterans who are members of federally recognized Indian tribes should be encouraged to the maximum extent practicable.
Purpose
The
purpose of the amendment made by subsection (b) is to reaffirm the goals stated
in the document entitled Memorandum of Understanding Between the
VA/Veterans Health Administration And HHS/Indian Health Service
and
dated February 25, 2003 (relating to cooperation and resource sharing between
the Veterans Health Administration and Indian Health Service).
Amendment
Title IV of the Indian Health Care Improvement Act (25 U.S.C. 1641 et seq.) is amended—
by redesignating section 407 as section 408; and
by inserting after section 406 the following:
Eligible Indian veteran services
Definitions
In this section:
Eligible Indian veteran
The term eligible Indian veteran means an Indian or Alaska Native veteran who receives any medical service that is—
authorized under the laws administered by the Secretary of Veterans Affairs; and
administered at a facility of the Service (including a facility operated by an Indian tribe or tribal organization through a contract or compact with the Service under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.)) pursuant to a local memorandum of understanding.
Local memorandum of understanding
The term local memorandum of
understanding means a memorandum of understanding between the Secretary
(or a designee, including the director of any Area Office of the Service) and
the Secretary of Veterans Affairs (or a designee) to implement the document
entitled Memorandum of Understanding Between the VA/Veterans Health
Administration And HHS/Indian Health Service
and dated February 25,
2003 (relating to cooperation and resource sharing between the Veterans Health
Administration and Indian Health Service).
Eligible Indian veterans' expenses
In general
Notwithstanding any other provision of law, the Secretary shall provide for veteran-related expenses incurred by eligible Indian veterans as described in subsection (a)(1)(B).
Method of payment
The Secretary shall establish such guidelines as the Secretary determines to be appropriate regarding the method of payments to the Secretary of Veterans Affairs under paragraph (1).
Tribal approval of memoranda
In negotiating a local memorandum of understanding with the Secretary of Veterans Affairs regarding the provision of services to eligible Indian veterans, the Secretary shall consult with each Indian tribe that would be affected by the local memorandum of understanding.
Funding
Treatment
Expenses incurred by the Secretary in carrying out subsection (b)(1) shall not be considered to be Contract Health Service expenses.
Use of funds
Of funds made available to the Secretary in appropriations Acts for the Service (excluding funds made available for facilities, the Contract Health Service, or contract support costs), the Secretary shall use such sums as are necessary to carry out this section.
.