310 
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.— 
‘‘(A) SINGLE
TRIBE
SERVICE
AREA.—In 
the case of a Service Area which serves only 1 
Indian Tribe, the authority of the Secretary to 
provide health services under paragraph (1) 
shall terminate at the end of the fiscal year suc-
ceeding the fiscal year in which the governing 
body of the Indian Tribe revokes its concur-
rence to the provision of such health services. 
‘‘(B) MULTITRIBAL
SERVICE
AREA.—In 
the case of a multitribal Service Area, the au-
thority of the Secretary to provide health serv-
ices under paragraph (1) shall terminate at the 
end of the fiscal year succeeding the fiscal year 
in which at least 51 percent of the number of 
Indian Tribes in the Service Area revoke their 
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CCOLEMAN on PROD1PC71 with BILLS
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concurrence to the provisions of such health 
services. 
‘‘(d) OTHER SERVICES.—The Service may provide 
health services under this subsection to individuals who 
are not eligible for health services provided by the Service 
under any other provision of law in order to— 
‘‘(1) achieve stability in a medical emergency; 
‘‘(2) prevent the spread of a communicable dis-
ease or otherwise deal with a public health hazard; 
‘‘(3) provide care to non-Indian women preg-
nant with an eligible Indian’s child for the duration 
of the pregnancy through postpartum; or 
‘‘(4) provide care to immediate family members 
of an eligible individual if such care is directly re-
lated to the treatment of the eligible individual. 
‘‘(e) HOSPITAL PRIVILEGES FOR PRACTITIONERS.— 
Hospital privileges in health facilities operated and main-
tained by the Service or operated under a contract or com-
pact pursuant to the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 450 et seq.) may be ex-
tended to non-Service health care practitioners who pro-
vide services to individuals described in subsection (a), (b), 
(c), or (d). Such non-Service health care practitioners 
may, as part of privileging process, be designated as em-
ployees of the Federal Government for purposes of section 
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CCOLEMAN on PROD1PC71 with BILLS
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1346(b) and chapter 171 of title 28, United States Code 
(relating to Federal tort claims) only with respect to acts 
or omissions which occur in the course of providing serv-
ices to eligible individuals as a part of the conditions under 
which such hospital privileges are extended. 
‘‘(f) ELIGIBLE INDIAN.—For purposes of this sec-
tion, the term ‘eligible Indian’ means any Indian who is 
eligible for health services provided by the Service without 
regard to the provisions of this section. 
‘‘SEC. 808. REALLOCATION OF BASE RESOURCES. 
‘‘(a) REPORT
REQUIRED.—Notwithstanding any 
other provision of law, any allocation of Service funds for 
a fiscal year that reduces by 5 percent or more from the 
previous fiscal year the funding for any recurring pro-
gram, project, or activity of a Service Unit may be imple-
mented only after the Secretary has submitted to the 
President, for inclusion in the report required to be trans-
mitted to Congress under section 801, a report on the pro-
posed change in allocation of funding, including the rea-
sons for the change and its likely effects. 
‘‘(b) EXCEPTION.—Subsection (a) shall not apply if 
the total amount appropriated to the Service for a fiscal 
year is at least 5 percent less than the amount appro-
priated to the Service for the previous fiscal year. 
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CCOLEMAN on PROD1PC71 with BILLS
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‘‘SEC. 809. RESULTS OF DEMONSTRATION PROJECTS. 
‘‘The Secretary shall provide for the dissemination to 
Indian Tribes, Tribal Organizations, and Urban Indian 
Organizations of the findings and results of demonstration 
projects conducted under this Act. 
‘‘SEC. 810. PROVISION OF SERVICES IN MONTANA. 
‘‘(a) CONSISTENT WITH COURT DECISION.—The 
Secretary, acting through the Service, shall provide serv-
ices and benefits for Indians in Montana in a manner con-
sistent with the decision of the United States Court of Ap-
peals for the Ninth Circuit in McNabb for McNabb v. 
Bowen, 829 F.2d 787 (9th Cir. 1987). 
‘‘(b) CLARIFICATION.—The provisions of subsection 
(a) shall not be construed to be an expression of the sense 
of Congress on the application of the decision described 
in subsection (a) with respect to the provision of services 
or benefits for Indians living in any State other than Mon-
tana. 
‘‘SEC. 811. MORATORIUM. 
‘‘During the period of the moratorium imposed on 
implementation of the final rule published in the Federal 
Register on September 16, 1987, by the Health Resources 
and Services Administration of the Public Health Service, 
relating to eligibility for the health care services of the 
Indian Health Service, the Indian Health Service shall 
provide services pursuant to the criteria for eligibility for 
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CCOLEMAN on PROD1PC71 with BILLS
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such services that were in effect on September 15, 1987, 
subject to the provisions of sections 806 and 807 until 
such time as new criteria governing eligibility for services 
are developed in accordance with section 802. 
‘‘SEC. 812. TRIBAL EMPLOYMENT. 
‘‘For purposes of section 2(2) of the Act of July 5, 
1935 (49 Stat. 450, chapter 372), an Indian Tribe or 
Tribal Organization carrying out a contract or compact 
pursuant to the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 450 et seq.) shall not be consid-
ered an ‘employer’. 
‘‘SEC. 813. SEVERABILITY PROVISIONS. 
‘‘If any provision of this Act, any amendment made 
by the Act, or the application of such provision or amend-
ment to any person or circumstances is held to be invalid, 
the remainder of this Act, the remaining amendments 
made by this Act, and the application of such provisions 
to persons or circumstances other than those to which it 
is held invalid, shall not be affected thereby. 
‘‘SEC. 814. ESTABLISHMENT OF NATIONAL BIPARTISAN 
COMMISSION ON INDIAN HEALTH CARE. 
‘‘(a) ESTABLISHMENT.—There is established the Na-
tional Bipartisan Indian Health Care Commission (the 
‘Commission’). 
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CCOLEMAN on PROD1PC71 with BILLS
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‘‘(b) DUTIES OF COMMISSION.—The duties of the 
Commission are the following: 
‘‘(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 
understand the extent of Indian needs with re-
gard to the provision of health services, regard-
less of the location of Indians, including holding 
hearings and soliciting the views of Indians, In-
dian Tribes, Tribal Organizations, and Urban 
Indian Organizations, which may include au-
thorizing and making funds available for feasi-
bility studies of various models for providing 
and funding health services for all Indian bene-
ficiaries, including those who live outside of a 
reservation, temporarily or permanently. 
‘‘(B) To make legislative recommendations 
to the Commission regarding the delivery of 
Federal health care services to Indians. Such 
recommendations shall include those related to 
issues of eligibility, benefits, the range of serv-
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CCOLEMAN on PROD1PC71 with BILLS
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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 
appointment of all members of the Commission, 
to submit a written report of its findings and 
recommendations to the full Commission. The 
report shall include a statement of the minority 
and majority position of the Committee and 
shall be disseminated, at a minimum, to every 
Indian Tribe, Tribal Organization, and Urban 
Indian Organization for comment to the Com-
mission. 
‘‘(E) To report regularly to the full Com-
mission 
regarding 
the 
findings 
and 
rec-
ommendations developed by the study com-
mittee in the course of carrying out its duties 
under this section. 
‘‘(2) To review and analyze the recommenda-
tions of the report of the study committee. 
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CCOLEMAN on PROD1PC71 with BILLS
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‘‘(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-
sion, submit a written report to Congress regarding 
the delivery of Federal health care services to Indi-
ans. Such recommendations shall include those re-
lated to issues of eligibility, benefits, the range of 
service providers, the cost of such services, financing 
such services, and the optimal manner in which to 
provide such services. 
‘‘(c) MEMBERS.— 
‘‘(1) APPOINTMENT.—The Commission shall be 
composed of 25 members, appointed as follows: 
‘‘(A) Ten members of Congress, including 
3 from the House of Representatives and 2 
from the Senate, appointed by their respective 
majority leaders, and 3 from the House of Rep-
resentatives and 2 from the Senate, appointed 
by their respective minority leaders, and who 
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CCOLEMAN on PROD1PC71 with BILLS
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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 
being given to the experience and expertise of 
the nominees in the provision of health care to 
Indians and to a reasonable representation on 
the commission of members who are familiar 
with various health care delivery modes and 
who represent Indian Tribes of various size 
populations. 
‘‘(C) Three persons appointed by the Di-
rector who are knowledgeable about the provi-
sion of health care to Indians, at least 1 of 
whom shall be appointed from among 3 nomi-
nees put forward by those programs whose 
funds are provided in whole or in part by the 
Service primarily or exclusively for the benefit 
of Urban Indians. 
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CCOLEMAN on PROD1PC71 with BILLS
319 
‘‘(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. 
‘‘(4) DEADLINE
FOR
APPOINTMENTS.—Con-
gressional members of the Commission shall be ap-
pointed not later than 180 days after the date of en-
actment of the Indian Health Care Improvement Act 
Amendments of 2006, and the remaining members 
of the Commission shall be appointed not later than 
60 days following the appointment of the congres-
sional members. 
‘‘(5) VACANCY.—A vacancy in the Commission 
shall be filled in the manner in which the original 
appointment was made. 
‘‘(d) COMPENSATION.— 
‘‘(1) CONGRESSIONAL
MEMBERS.—Each con-
gressional member of the Commission shall receive 
no additional pay, allowances, or benefits by reason 
of their service on the Commission and shall receive 
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CCOLEMAN on PROD1PC71 with BILLS
320 
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 
States Code, and while so serving away from home 
and the member’s regular place of business, a mem-
ber may be allowed travel expenses, as authorized by 
the Chairman of the Commission. For purpose of 
pay (other than pay of members of the Commission) 
and employment benefits, rights, and privileges, all 
personnel of the Commission shall be treated as if 
they were employees of the United States Senate. 
‘‘(e) MEETINGS.—The Commission shall meet at the 
call of the Chair. 
‘‘(f) QUORUM.—A quorum of the Commission shall 
consist of not less than 15 members, provided that no less 
than 6 of the members of Congress who are Commission 
members are present and no less than 9 of the members 
who are Indians are present. 
‘‘(g) EXECUTIVE DIRECTOR; STAFF; FACILITIES.— 
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CCOLEMAN on PROD1PC71 with BILLS
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‘‘(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 
shall be appointed without regard to the provisions 
of title 5, United States Code, governing appoint-
ments in the competitive service, and shall be paid 
without regard to the provisions of chapter 51 and 
subchapter III of chapter 53 of such title (relating 
to classification and General Schedule pay rates). 
‘‘(4) TEMPORARY
SERVICES.—With the ap-
proval of the Commission, the executive director may 
procure temporary and intermittent services under 
section 3109(b) of title 5, United States Code. 
‘‘(5) FACILITIES.—The Administrator of Gen-
eral Services shall locate suitable office space for the 
operation of the Commission. The facilities shall 
serve as the headquarters of the Commission and 
shall include all necessary equipment and incidentals 
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CCOLEMAN on PROD1PC71 with BILLS
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required for the proper functioning of the Commis-
sion. 
‘‘(h) HEARINGS.—(1) For the purpose of carrying 
out its duties, the Commission may hold such hearings 
and undertake such other activities as the Commission de-
termines to be necessary to carry out its duties, provided 
that at least 6 regional hearings are held in different areas 
of the United States in which large numbers of Indians 
are present. Such hearings are to be held to solicit the 
views of Indians regarding the delivery of health care serv-
ices to them. To constitute a hearing under this sub-
section, at least 5 members of the Commission, including 
at least 1 member of Congress, must be present. Hearings 
held by the study committee established in this section 
may count toward the number of regional hearings re-
quired by this subsection. 
‘‘(2) Upon request of the Commission, the Comp-
troller General shall conduct such studies or investigations 
as the Commission determines to be necessary to carry 
out its duties. 
‘‘(3)(A) The Director of the Congressional Budget 
Office or the Chief Actuary of the Centers for Medicare 
& Medicaid Services, or both, shall provide to the Commis-
sion, upon the request of the Commission, such cost esti-
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CCOLEMAN on PROD1PC71 with BILLS
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mates as the Commission determines to be necessary to 
carry out its duties. 
‘‘(B) The Commission shall reimburse the Director 
of the Congressional Budget Office for expenses relating 
to the employment in the office of the Director of such 
additional staff as may be necessary for the Director to 
comply with requests by the Commission under subpara-
graph (A). 
‘‘(4) Upon the request of the Commission, the head 
of any Federal agency is authorized to detail, without re-
imbursement, any of the personnel of such agency to the 
Commission to assist the Commission in carrying out its 
duties. Any such detail shall not interrupt or otherwise 
affect the civil service status or privileges of the Federal 
employee. 
‘‘(5) Upon the request of the Commission, the head 
of a Federal agency shall provide such technical assistance 
to the Commission as the Commission determines to be 
necessary to carry out its duties. 
‘‘(6) The Commission may use the United States 
mails in the same manner and under the same conditions 
as Federal agencies and shall, for purposes of the frank, 
be considered a commission of Congress as described in 
section 3215 of title 39, United States Code. 
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CCOLEMAN on PROD1PC71 with BILLS
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‘‘(7) The Commission may secure directly from any 
Federal agency information necessary to enable it to carry 
out its duties, if the information may be disclosed under 
section 552 of title 4, United States Code. Upon request 
of the Chairman of the Commission, the head of such 
agency shall furnish such information to the Commission. 
‘‘(8) Upon the request of the Commission, the Ad-
ministrator of General Services shall provide to the Com-
mission on a reimbursable basis such administrative sup-
port services as the Commission may request. 
‘‘(9) For purposes of costs relating to printing and 
binding, including the cost of personnel detailed from the 
Government Printing Office, the Commission shall be 
deemed to be a committee of Congress. 
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated $4,000,000 to carry out the 
provisions of this section, which sum shall not be deducted 
from or affect any other appropriation for health care for 
Indian persons. 
‘‘(j) FACA.—The Federal Advisory Committee Act 
(5 U.S.C. App.) shall not apply to the Commission. 
‘‘SEC. 815. APPROPRIATIONS; AVAILABILITY. 
‘‘Any new spending authority (described in subsection 
(c)(2)(A) or (B) of section 401 of the Congressional Budg-
et Act of 1974) which is provided under this Act shall 
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CCOLEMAN on PROD1PC71 with BILLS
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be effective for any fiscal year only to such extent or in 
such amounts as are provided in appropriation Acts. 
‘‘SEC. 816. AUTHORIZATION OF APPROPRIATIONS. 
‘‘(a) IN GENERAL.—There are authorized to be ap-
propriated such sums as may be necessary for each fiscal 
year through fiscal year 2015 to carry out this title.’’. 
(b) RATE OF PAY.— 
(1) POSITIONS AT LEVEL IV.—Section 5315 of 
title 5, United States Code, is amended by striking 
‘‘Assistant Secretaries of Health and Human Serv-
ices (6).’’ and inserting ‘‘Assistant Secretaries of 
Health and Human Services (7)’’. 
(2) POSITIONS AT LEVEL V.—Section 5316 of 
title 5, United States Code, is amended by striking 
‘‘Director, Indian Health Service, Department of 
Health and Human Services’’. 
(c) AMENDMENTS TO OTHER PROVISIONS OF LAW.— 
(1) Section 3307(b)(1)(C) of the Children’s 
Health Act of 2000 (25 U.S.C. 1671 note; Public 
Law 106–310) is amended by striking ‘‘Director of 
the Indian Health Service’’ and inserting ‘‘Assistant 
Secretary for Indian Health’’. 
(2) The Indian Lands Open Dump Cleanup Act 
of 1994 is amended— 
(A) in section 3 (25 U.S.C. 3902)— 
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CCOLEMAN on PROD1PC71 with BILLS
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(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: 
‘‘(3) ASSISTANT
SECRETARY.—The term ‘As-
sistant Secretary’ means the Assistant Secretary for 
Indian Health.’’; 
(B) in section 5 (25 U.S.C. 3904), by 
striking the section heading and inserting the 
following: 
‘‘AUTHORITY OF ASSISTANT SECRETARY FOR INDIAN 
HEALTH 
‘‘SEC. 5.’’; 
(C) in section 6(a) (25 U.S.C. 3905(a)), in 
the subsection heading, by striking ‘‘DIREC-
TOR’’ and inserting ‘‘ASSISTANT SECRETARY’’; 
(D) in section 9(a) (25 U.S.C. 3908(a)), in 
the subsection heading, by striking ‘‘DIREC-
TOR’’ and inserting ‘‘ASSISTANT SECRETARY’’; 
and 
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CCOLEMAN on PROD1PC71 with BILLS
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(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 100–297) is 
amended by striking ‘‘Director of the Indian Health 
Service’’ and inserting ‘‘Assistant Secretary for In-
dian Health’’. 
(4) Section 203(a)(1) of the Rehabilitation Act 
of 1973 (29 U.S.C. 763(a)(1)) is amended by strik-
ing ‘‘Director of the Indian Health Service’’ and in-
serting ‘‘Assistant Secretary for Indian Health’’. 
(5) Subsections (b) and (e) of section 518 of 
the Federal Water Pollution Control Act (33 U.S.C. 
1377) are amended by striking ‘‘Director of the In-
dian Health Service’’ each place it appears and in-
serting ‘‘Assistant Secretary for Indian Health’’. 
(6) Section 317M(b) of the Public Health Serv-
ice Act (42 U.S.C. 247b–14(b)) is amended— 
(A) by striking ‘‘Director of the Indian 
Health Service’’ each place it appears and in-
serting 
‘‘Assistant 
Secretary 
for 
Indian 
Health’’; and 
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CCOLEMAN on PROD1PC71 with BILLS
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(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 
Secretary for Indian Health’’. 
(7) Section 417C(b) of the Public Health Serv-
ice Act (42 U.S.C. 285–9(b)) is amended by striking 
‘‘Director of the Indian Health Service’’ and insert-
ing ‘‘Assistant Secretary for Indian Health’’. 
(8) Section 1452(i) of the Safe Drinking Water 
Act (42 U.S.C. 300j–12(i)) is amended by striking 
‘‘Director of the Indian Health Service’’ each place 
it appears and inserting ‘‘Assistant Secretary for In-
dian Health’’. 
(9) Section 803B(d)(1) of the Native American 
Programs Act of 1974 (42 U.S.C. 2991b–2(d)(1)) is 
amended in the last sentence by striking ‘‘Director 
of the Indian Health Service’’ and inserting ‘‘Assist-
ant Secretary for Indian Health’’. 
(10) Section 203(b) of the Michigan Indian 
Land Claims Settlement Act (Public Law 105–143; 
111 Stat. 2666) is amended by striking ‘‘Director of 
the Indian Health Service’’ and inserting ‘‘Assistant 
Secretary for Indian Health’’. 
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CCOLEMAN on PROD1PC71 with BILLS
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SEC. 3. SOBOBA SANITATION FACILITIES. 
The Act of December 17, 1970 (84 Stat. 1465), is 
amended by adding at the end the following new section: 
‘‘SEC. 9. Nothing in this Act shall preclude the 
Soboba Band of Mission Indians and the Soboba Indian 
Reservation from being provided with sanitation facilities 
and services under the authority of section 7 of the Act 
of August 5, 1954 (68 Stat. 674), as amended by the Act 
of July 31, 1959 (73 Stat. 267).’’. 
SEC. 4. AMENDMENTS TO THE MEDICAID AND STATE CHIL-
DREN’S HEALTH INSURANCE PROGRAMS. 
(a) EXPANSION OF MEDICAID PAYMENT FOR ALL 
COVERED SERVICES FURNISHED
BY INDIAN HEALTH 
PROGRAMS.— 
(1) EXPANSION TO ALL COVERED SERVICES.— 
Section 1911 of the Social Security Act (42 U.S.C. 
1396j) is amended— 
(A) by amending the heading to read as 
follows: 
‘‘INDIAN HEALTH PROGRAMS 
‘‘SEC. 1911.’’; and 
(B) by amending subsection (a) to read as 
follows: 
‘‘(a) ELIGIBILITY FOR REIMBURSEMENT FOR MED-
ICAL ASSISTANCE.—The Indian Health Service and an In-
dian Tribe, Tribal Organization, or an Urban Indian Or-
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CCOLEMAN on PROD1PC71 with BILLS
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ganization (as such terms are defined in section 4 of the 
Indian Health Care Improvement Act) shall be eligible for 
reimbursement for medical assistance provided under a 
State plan or under waiver authority with respect to items 
and services furnished by the Indian Health Service, In-
dian Tribe, Tribal Organization, or Urban Indian Organi-
zation if the furnishing of such services meets all the con-
ditions and requirements which are applicable generally to 
the furnishing of items and services under this title and 
under such plan or waiver authority.’’. 
(2) ELIMINATION
OF
TEMPORARY
DEEMING 
PROVISION.—Such section is amended by striking 
subsection (b). 
(3) REVISION OF AUTHORITY TO ENTER INTO 
AGREEMENTS.—Subsection (c) of such section is re-
designated as subsection (b) and is amended to read 
as follows: 
‘‘(b) AUTHORITY TO ENTER INTO AGREEMENTS.— 
The Secretary may enter into an agreement with a State 
for the purpose of reimbursing the State for medical as-
sistance provided by the Indian Health Service, an Indian 
Tribe, Tribal Organizations, or an Urban Indian Organi-
zation (as so defined), directly, through referral, or under 
contracts or other arrangements between the Indian 
Health Service, an Indian Tribe, Tribal Organization, or 
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CCOLEMAN on PROD1PC71 with BILLS
331 
an Urban Indian Organization and another health care 
provider to Indians who are eligible for medical assistance 
under the State plan or under waiver authority.’’. 
(4) REFERENCE CORRECTION.—Subsection (d) 
of such section is redesignated as subsection (c) and 
is amended— 
(A) by striking ‘‘For’’ and inserting ‘‘DI-
RECT BILLING.—For’’; and 
(B) by striking ‘‘section 405’’ and insert-
ing ‘‘section 401(d)’’. 
(b) SPECIAL RULES FOR INDIANS, INDIAN HEALTH 
CARE PROVIDERS, AND INDIAN MANAGED CARE ENTI-
TIES.— 
(1) IN GENERAL.—Section 1932 of the Social 
Security Act (42 U.S.C. 1396u–2) is amended by 
adding at the end the following new subsection: 
‘‘(h) SPECIAL RULES FOR INDIANS, INDIAN HEALTH 
CARE PROVIDERS, AND INDIAN MANAGED CARE ENTI-
TIES.—A State shall comply with the provisions of section 
413 of the Indian Health Care Improvement Act (relating 
to the treatment of Indians, Indian health care providers, 
and Indian managed care entities under a medicaid man-
aged care program).’’. 
(2) 
APPLICATION
TO
SCHIP.—Section 
2107(e)(1) of the Social Security Act (42 U.S.C. 
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CCOLEMAN on PROD1PC71 with BILLS
332 
1397gg(1)) is amended by adding at the end the fol-
lowing: 
‘‘(E) Subsections (a)(2)(C) and (h) of sec-
tion 1932.’’. 
(c) SCHIP TREATMENT OF INDIAN TRIBES, TRIBAL 
ORGANIZATIONS, AND URBAN INDIAN ORGANIZATIONS.— 
Section 2105(c) of the Social Security Act (42 U.S.C. 
1397ee(c)) is amended— 
(1) in paragraph (2), by adding at the end the 
following: 
‘‘(C) INDIAN
HEALTH
PROGRAM
PAY-
MENTS.—For provisions relating to authorizing 
use of allotments under this title for payments 
to Indian Health Programs and Urban Indian 
Organizations, see section 410 of the Indian 
Health Care Improvement Act.’’; and 
(2) in paragraph (6)(B), by inserting ‘‘or by an 
Indian Tribe, Tribal Organization, or Urban Indian 
Organization (as such terms are defined in section 
4 of the Indian Health Care Improvement Act)’’ 
after ‘‘Service’’. 
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CCOLEMAN on PROD1PC71 with BILLS
333 
SEC. 5. NATIVE AMERICAN HEALTH AND WELLNESS FOUN-
DATION. 
(a) IN GENERAL.—The Indian Self-Determination 
and Education Assistance Act (25 U.S.C. 450 et seq.) is 
amended by adding at the end the following: 
‘‘TITLE VIII—NATIVE AMERICAN 
HEALTH 
AND 
WELLNESS 
FOUNDATION 
‘‘SEC. 801. DEFINITIONS. 
‘‘In this title: 
‘‘(1) BOARD.—The term ‘Board’ means the 
Board of Directors of the Foundation. 
‘‘(2) 
COMMITTEE.—The 
term 
‘Committee’ 
means the Committee for the Establishment of Na-
tive American Health and Wellness Foundation es-
tablished under section 802(f). 
‘‘(3) FOUNDATION.—The term ‘Foundation’ 
means the Native American Health and Wellness 
Foundation established under section 802. 
‘‘(4) SECRETARY.—The term ‘Secretary’ means 
the Secretary of Health and Human Services. 
‘‘(5) SERVICE.—The term ‘Service’ means the 
Indian Health Service of the Department of Health 
and Human Services. 
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