244 
under the contract health services program de-
scribed in paragraph (1); 
‘‘(B) how to most efficiently use that fund-
ing; and 
‘‘(C) the identification of any inequities in 
the current distribution formula or inequitable 
results for any Indian tribe under the funding 
level, and any recommendations for addressing 
any inequities or inequitable results identified. 
‘‘(4) CONSULTATION.—In conducting the study 
under paragraph (1) and preparing the report under 
paragraph (3), the Comptroller General shall consult 
with the Service, Indian tribes, and tribal organiza-
tions.’’. 
SEC. 201. TRADITIONAL HEALTH CARE PRACTICES. 
Title VIII of the Indian Health Care Improvement 
Act (25 U.S.C. 1671 et seq.) (as amended by section 199) 
is amended by adding at the end the following: 
‘‘SEC. 831. TRADITIONAL HEALTH CARE PRACTICES. 
‘‘Although the Secretary may promote traditional 
health care practices, consistent with the Service stand-
ards for the provision of health care, health promotion, 
and disease prevention under this Act, the United States 
is not liable for any provision of traditional health care 
practices pursuant to this Act that results in damage, in-
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jury, or death to a patient. Nothing in this subsection shall 
be construed to alter any liability or other obligation that 
the United States may otherwise have under the Indian 
Self-Determination and Education Assistance Act (25 
U.S.C. 450 et seq.) or this Act.’’. 
SEC. 202. DIRECTOR OF HIV/AIDS PREVENTION AND TREAT-
MENT. 
Title VIII of the Indian Health Care Improvement 
Act (25 U.S.C. 1671 et seq.) (as amended by section 
199A) is amended by adding at the end the following: 
‘‘SEC. 832. DIRECTOR OF HIV/AIDS PREVENTION AND 
TREATMENT. 
‘‘(a) 
ESTABLISHMENT.—The 
Secretary, 
acting 
through the Service, shall establish within the Service the 
position of the Director of HIV/AIDS Prevention and 
Treatment (referred to in this section as the ‘Director’). 
‘‘(b) DUTIES.—The Director shall— 
‘‘(1) coordinate and promote HIV/AIDS preven-
tion and treatment activities specific to Indians; 
‘‘(2) provide technical assistance to Indian 
tribes, tribal organizations, and urban Indian orga-
nizations regarding existing HIV/AIDS prevention 
and treatment programs; and 
‘‘(3) ensure interagency coordination to facili-
tate the inclusion of Indians in Federal HIV/AIDS 
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research and grant opportunities, with emphasis on 
the programs operated under the Ryan White Com-
prehensive Aids Resources Emergency Act of 1990 
(Public Law 101–381; 104 Stat. 576) and the 
amendments made by that Act. 
‘‘(c) REPORT.—Not later than 2 years after the date 
of enactment of the Indian Healthcare Improvement Act 
of 2011, and not less frequently than once every 2 years 
thereafter, the Director shall submit to Congress a report 
describing, with respect to the preceding 2-year period— 
‘‘(1) each activity carried out under this sec-
tion; and 
‘‘(2) any findings of the Director with respect 
to HIV/AIDS prevention and treatment activities 
specific to Indians.’’. 
TITLE 
II—AMENDMENTS 
TO 
OTHER ACTS AND MISCELLA-
NEOUS PROVISIONS 
SEC. 201. ELIMINATION OF SUNSET FOR REIMBURSEMENT 
FOR ALL MEDICARE PART B SERVICES FUR-
NISHED BY CERTAIN INDIAN HOSPITALS AND 
CLINICS. 
(a) REIMBURSEMENT FOR ALL MEDICARE PART B 
SERVICES FURNISHED BY CERTAIN INDIAN HOSPITALS 
AND CLINICS.—Section 1880(e)(1)(A) of the Social Secu-
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rity Act (42 U.S.C. 1395qq(e)(1)(A)) is amended by strik-
ing ‘‘during the 5-year period beginning on’’ and inserting 
‘‘on or after’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall apply to items or services furnished on 
or after January 1, 2010. 
SEC. 202. INCLUDING COSTS INCURRED BY AIDS DRUG AS-
SISTANCE PROGRAMS AND INDIAN HEALTH 
SERVICE 
IN 
PROVIDING 
PRESCRIPTION 
DRUGS TOWARD THE ANNUAL OUT-OF-POCK-
ET THRESHOLD UNDER PART D. 
(a) IN GENERAL.—Section 1860D–2(b)(4)(C) of the 
Social Security Act (42 U.S.C. 1395w–102(b)(4)(C)) is 
amended— 
(1) in clause (i), by striking ‘‘and’’ at the end; 
(2) in clause (ii)— 
(A) by striking ‘‘such costs shall be treated 
as incurred only if’’ and inserting ‘‘subject to 
clause (iii), such costs shall be treated as in-
curred only if’’; 
(B) by striking ‘‘, under section 1860D– 
14, or under a State Pharmaceutical Assistance 
Program’’; 
(C) by striking the period at the end and 
inserting ‘‘; and’’; and 
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(3) by inserting after clause (ii) the following 
new clause: 
‘‘(iii) such costs shall be treated as in-
curred and shall not be considered to be 
reimbursed under clause (ii) if such costs 
are borne or paid— 
‘‘(I) under section 1860D–14; 
‘‘(II) under a State Pharma-
ceutical Assistance Program; 
‘‘(III) by the Indian Health Serv-
ice, an Indian tribe or tribal organiza-
tion, or an urban Indian organization 
(as defined in section 4 of the Indian 
Health Care Improvement Act); or 
‘‘(IV) under an AIDS Drug As-
sistance Program under part B of 
title XXVI of the Public Health Serv-
ice Act.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall apply to costs incurred on or after 
January 1, 2011. 
SEC. 203. PROHIBITION OF USE OF FEDERAL FUNDS FOR 
ABORTION. 
No funds authorized or appropriated by this Act (or 
an amendment made by this Act) may be used to pay for 
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