[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 304 Introduced in Senate (IS)]
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115th CONGRESS
1st Session
S. 304
To amend the Indian Health Care Improvement Act to allow the Indian
Health Service to cover the cost of a copayment of an Indian or Alaska
Native veteran receiving medical care or services from the Department
of Veterans Affairs, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 3, 2017
Mr. Thune (for himself and Mr. Rounds) 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 allow the Indian
Health Service to cover the cost of a copayment of an Indian or Alaska
Native veteran receiving medical care or services from the Department
of Veterans Affairs, and for other purposes.
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 ``Tribal Veterans Health Care
Enhancement Act''.
SEC. 2. LIABILITY FOR PAYMENT.
Section 222 of the Indian Health Care Improvement Act (25 U.S.C.
1621u) is amended by adding at the end the following:
``(d) Veterans Affairs Copayments.--The Service may pay, in
accordance with section 412, the cost of a copayment assessed by the
Department of Veterans Affairs to an eligible Indian veteran (as
defined in section 412) for covered medical care (as defined in such
section).''.
SEC. 3. COPAYMENTS FOR TRIBAL VETERANS RECEIVING CERTAIN MEDICAL
SERVICES.
Title IV of the Indian Health Care Improvement Act (25 U.S.C. 1641
et seq.) is amended by adding at the end the following:
``SEC. 412. PAYMENTS FOR ELIGIBLE INDIAN VETERANS RECEIVING COVERED
MEDICAL CARE AT VA FACILITIES.
``(a) Definitions.--In this section:
``(1) Appropriate committees of congress.--The term
`appropriate committees of Congress' means--
``(A) in the Senate--
``(i) the Committee on Veterans' Affairs;
and
``(ii) the Committee on Indian Affairs; and
``(B) in the House of Representatives--
``(i) the Committee on Veterans' Affairs;
and
``(ii) the Committee on Natural Resources.
``(2) Covered medical care.--The term `covered medical
care' means any medical care or service that is--
``(A) authorized for an eligible Indian veteran
under the contract health service and referred by the
Service; and
``(B) administered at a facility of the Department
of Veterans Affairs, including any services rendered
under a contract with a non-Department of Veterans
Affairs health care provider.
``(3) Eligible indian veteran.--The term `eligible Indian
veteran' means an Indian or Alaska Native veteran who is
eligible for assistance from the Service.
``(b) Memorandum of Understanding.--
``(1) In general.--Notwithstanding any other provision of
law, except as provided in paragraph (3), the Secretary (or a
designee, including the director of any area office of the
Service), the Secretary of Veterans Affairs (or a designee) and
any tribal health program, as applicable, shall enter into a
memorandum of understanding, in consultation with Indian tribes
to be impacted by the memorandum of understanding (on a
national or regional basis), that authorizes the Secretary or
tribal health program, as applicable, to pay to the Secretary
of Veterans Affairs any copayments owed to the Department of
Veterans Affairs by eligible Indian veterans for covered
medical care.
``(2) Factors for consideration.--In entering into a
memorandum of understanding under paragraph (1), the Secretary,
the Secretary of Veterans Affairs, and any tribal health
program, as applicable, shall take into consideration any
findings contained in the report under subsection (e).
``(3) Exception.--The Secretary, the Secretary of Veterans
Affairs, and any tribal health program, as applicable, shall
not be required to enter into a memorandum of understanding
under paragraph (1) if the Secretary, the Secretary of Veterans
Affairs, and any tribal health program, as applicable, jointly
certify to the appropriate committees of Congress that such a
memorandum of understanding would--
``(A) decrease the quality of health care provided
to eligible Indian veterans;
``(B) impede the access of those veterans to health
care; or
``(C) substantially decrease the quality of, or
access to, health care by individuals receiving health
care from the Department of Veterans Affairs or
beneficiaries of the Service.
``(c) Payment by Service.--Notwithstanding any other provision of
law and in accordance with the relevant memorandum of understanding
described in subsection (b), the Service may cover the cost of any
copayment assessed by the Department of Veterans Affairs to an eligible
Indian veteran receiving covered medical care.
``(d) Authorization To Accept Funds.--Notwithstanding section
407(c), section 2901(b) of the Patient Protection and Affordable Care
Act (25 U.S.C. 1623(b)), or any other provision of law, and in
accordance with the relevant memorandum of understanding described in
subsection (b), the Secretary of Veterans Affairs may accept a payment
from the Service under subsection (c).
``(e) Report.--Not later than 90 days after the date of enactment
of this section, the Secretary and the Secretary of Veterans Affairs
shall submit to the appropriate committees of Congress a report that
describes--
``(1) the number of veterans, disaggregated by State, who--
``(A) are eligible for assistance from the Service;
and
``(B) have received health care at a medical
facility of the Department of Veterans Affairs;
``(2) the number of veterans, disaggregated by State and
calendar year, who--
``(A) are eligible for assistance from the Service;
and
``(B) were referred to a medical facility of the
Department of Veterans Affairs from a facility of the
Service during the period--
``(i) beginning on January 1, 2011; and
``(ii) ending on December 31, 2016; and
``(3) an update regarding efforts of the Secretary and the
Secretary of Veterans Affairs to streamline health care for
veterans who are eligible for assistance from the Service and
have received health care at a medical facility of the
Department of Veterans Affairs and at a facility of the
Service, including a description of--
``(A) any changes to the provision of health care
required under the Indian Health Care Improvement Act
(25 U.S.C. 1601 et seq.); and
``(B) any barriers to efficiently streamline the
provision of health care to veterans who are eligible
for assistance from the Service.''.
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