S 2145
110th CONGRESS
1st Session
S. 2145
To amend the Indian Health Care Improvement Act to ensure that
Indian veterans are not liable for certain health care payments.
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `American Indian Veteran Health Care Improvement
Act'.
SEC. 2. HEALTH AND HUMAN SERVICES-VETERANS AFFAIRS COLLABORATIONS.
(1) FINDINGS- Congress finds that--
(A) 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
(B) 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.
(2) 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).
(b) Amendment- Title IV of the Indian Health Care Improvement Act (25
U.S.C. 1641 et seq.) is amended--
(1) by redesignating section 407 as section 408; and
(2) by inserting after section 406 the following:
`SEC. 407. ELIGIBLE INDIAN VETERAN SERVICES.
`(a) Definitions- In this section:
`(1) ELIGIBLE INDIAN VETERAN- The term `eligible Indian veteran' means
an Indian or Alaska Native veteran who receives any medical service
that is--
`(A) authorized under the laws administered by the Secretary of
Veterans Affairs; and
`(B) 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.
`(2) 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).
`(b) Eligible Indian Veterans' Expenses-
`(1) 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).
`(2) 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).
`(c) 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.
`(1) TREATMENT- Expenses incurred by the Secretary in carrying out
subsection (b)(1) shall not be considered to be Contract Health Service
expenses.
`(2) 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.'.
END
