298 
graph shall not be taken into consideration by the Service 
in determining the need for, or allocation of, its health re-
sources. 
‘‘(c) PROVISION OF SERVICES TO OTHER INDIVID-
UALS.— 
‘‘(1) IN GENERAL.—The Secretary is authorized 
to provide health services under this subsection 
through health programs operated directly by the 
Service to individuals who reside within the Service 
Unit and who are not otherwise eligible for such 
health services if— 
‘‘(A) the Indian Tribes served by such Serv-
ice Unit request such provision of health services 
to such individuals; and 
‘‘(B) the Secretary and the served Indian 
Tribes have jointly determined that— 
‘‘(i) the provision of such health serv-
ices will not result in a denial or diminu-
tion of health services to eligible Indians; 
and 
‘‘(ii) there is no reasonable alternative 
health facilities or services, within or with-
out the Service Unit, available to meet the 
health needs of such individuals. 
VerDate Aug 31 2005 
00:07 Jun 07, 2008
Jkt 069200
PO 00000
Frm 00298
Fmt 6652
Sfmt 6203
E:\BILLS\H1328.RH
H1328
jbell on PROD1PC69 with BILLS
299 
‘‘(2) ISDEAA PROGRAMS.—In the case of health 
programs and facilities operated under a contract or 
compact entered into under the Indian Self-Deter-
mination and Education Assistance Act (25 U.S.C. 
450 et seq.), the governing body of the Indian Tribe 
or Tribal Organization providing health services 
under such contract or compact is authorized to deter-
mine whether health services should be provided under 
such contract to individuals who are not eligible for 
such health services under any other subsection of this 
section or under any other provision of law. In mak-
ing such determinations, the governing body of the In-
dian Tribe or Tribal Organization shall take into ac-
count the considerations described in paragraph 
(1)(B). 
‘‘(3) PAYMENT FOR SERVICES.— 
‘‘(A) 
IN
GENERAL.—Persons 
receiving 
health services provided by the Service under this 
subsection shall be liable for payment of such 
health services under a schedule of charges pre-
scribed by the Secretary which, in the judgment 
of the Secretary, results in reimbursement in an 
amount not less than the actual cost of providing 
the health services. Notwithstanding section 404 
of this Act or any other provision of law, 
VerDate Aug 31 2005 
00:07 Jun 07, 2008
Jkt 069200
PO 00000
Frm 00299
Fmt 6652
Sfmt 6203
E:\BILLS\H1328.RH
H1328
jbell on PROD1PC69 with BILLS
300 
amounts collected under this subsection, includ-
ing Medicare, Medicaid, or SCHIP reimburse-
ments under titles XVIII, XIX, and XXI of the 
Social Security Act, shall be credited to the ac-
count of the program providing the service and 
shall be used for the purposes listed in section 
401(d)(2) and amounts collected under this sub-
section shall be available for expenditure within 
such program. 
‘‘(B) INDIGENT
PEOPLE.—Health services 
may be provided by the Secretary through the 
Service under this subsection to an indigent in-
dividual who would not be otherwise eligible for 
such health services but for the provisions of 
paragraph (1) only if an agreement has been en-
tered into with a State or local government 
under which the State or local government agrees 
to reimburse the Service for the expenses in-
curred by the Service in providing such health 
services to such indigent individual. 
‘‘(4) REVOCATION OF CONSENT FOR SERVICES.— 
‘‘(A) SINGLE TRIBE SERVICE AREA.—In the 
case of a Service Area which serves only 1 In-
dian Tribe, the authority of the Secretary to pro-
vide health services under paragraph (1) shall 
VerDate Aug 31 2005 
00:07 Jun 07, 2008
Jkt 069200
PO 00000
Frm 00300
Fmt 6652
Sfmt 6203
E:\BILLS\H1328.RH
H1328
jbell on PROD1PC69 with BILLS
301 
terminate at the end of the fiscal year succeeding 
the fiscal year in which the governing body of the 
Indian Tribe revokes its concurrence to the pro-
vision of such health services. 
‘‘(B) MULTITRIBAL SERVICE AREA.—In the 
case of a multitribal Service Area, the authority 
of the Secretary to provide health services 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 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 pregnant 
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. 
VerDate Aug 31 2005 
00:07 Jun 07, 2008
Jkt 069200
PO 00000
Frm 00301
Fmt 6652
Sfmt 6203
E:\BILLS\H1328.RH
H1328
jbell on PROD1PC69 with BILLS
302 
‘‘(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 provide 
services to individuals described in subsection (a), (b), (c), 
or (d). Such non-Service health care practitioners may, as 
part of the privileging process, be designated as employees 
of the Federal Government for purposes of section 1346(b) 
and chapter 171 of title 28, United States Code (relating 
to Federal tort claims) only with respect to acts or omis-
sions which occur in the course of providing services to eli-
gible individuals as a part of the conditions under which 
such hospital privileges are extended. 
‘‘(f) ELIGIBLE INDIAN.—For purposes of this section, 
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 program, project, 
or activity of a Service Unit may be implemented only after 
VerDate Aug 31 2005 
00:07 Jun 07, 2008
Jkt 069200
PO 00000
Frm 00302
Fmt 6652
Sfmt 6203
E:\BILLS\H1328.RH
H1328
jbell on PROD1PC69 with BILLS
303 
the Secretary has submitted to Congress, under section 801, 
a report on the proposed change in allocation of funding, 
including the reasons 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 appropriated 
to the Service for the previous fiscal year. 
‘‘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 Sec-
retary, acting through the Service, shall provide services 
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 sub-
section (a) with respect to the provision of services or bene-
fits for Indians living in any State other than Montana. 
VerDate Aug 31 2005 
00:07 Jun 07, 2008
Jkt 069200
PO 00000
Frm 00303
Fmt 6652
Sfmt 6203
E:\BILLS\H1328.RH
H1328
jbell on PROD1PC69 with BILLS
304 
‘‘SEC. 811. MORATORIUM. 
‘‘During the period of the moratorium imposed on im-
plementation of the final rule published in the Federal Reg-
ister on September 16, 1987, by the Department of Health 
and Human Services, relating to eligibility for the health 
care services of the Indian Health Service, the Indian 
Health Service shall provide services pursuant to the cri-
teria for eligibility for such services that were in effect on 
September 15, 1987, subject to the provisions of sections 806 
and 807, until the Service has submitted to the Committees 
on Appropriations of the Senate and the House of Rep-
resentatives a budget request reflecting the increased costs 
associated with the proposed final rule, and the request has 
been included in an appropriations Act and enacted into 
law. 
‘‘SEC. 812. 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 per-
sons or circumstances other than those to which it is held 
invalid, shall not be affected thereby. 
VerDate Aug 31 2005 
00:07 Jun 07, 2008
Jkt 069200
PO 00000
Frm 00304
Fmt 6652
Sfmt 6203
E:\BILLS\H1328.RH
H1328
jbell on PROD1PC69 with BILLS
305 
‘‘SEC. 813. ESTABLISHMENT OF NATIONAL BIPARTISAN 
COMMISSION ON INDIAN HEALTH CARE. 
‘‘(a) ESTABLISHMENT.—There is established the Na-
tional Bipartisan Indian Health Care Commission (the 
‘Commission’). 
‘‘(b) DUTIES OF COMMISSION.—The duties of the Com-
mission are the following: 
‘‘(1) To establish a study committee composed of 
those members of the Commission appointed by the 
Director of the Service 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 un-
derstand the extent of Indian needs with regard 
to the provision of health services, regardless of 
the location of Indians, including holding hear-
ings and soliciting the views of Indians, Indian 
Tribes, Tribal Organizations, and Urban Indian 
Organizations, which may include authorizing 
and making funds available for feasibility stud-
ies of various models for providing and funding 
health services for all Indian beneficiaries, in-
cluding those who live outside of a reservation, 
temporarily or permanently. 
VerDate Aug 31 2005 
00:07 Jun 07, 2008
Jkt 069200
PO 00000
Frm 00305
Fmt 6652
Sfmt 6203
E:\BILLS\H1328.RH
H1328
jbell on PROD1PC69 with BILLS
306 
‘‘(B) To make legislative recommendations 
to the Commission regarding the delivery of Fed-
eral health care services to Indians. Such rec-
ommendations shall include those related 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) To determine the effect of the enact-
ment of such recommendations on (i) the existing 
system of delivery of health services for Indians, 
and (ii) the sovereign status of Indian Tribes. 
‘‘(D) Not later than 12 months after the ap-
pointment of all members of the Commission, to 
submit a written report of its findings and rec-
ommendations to the full Commission. The re-
port 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 recommenda-
tions developed by the study committee in the 
VerDate Aug 31 2005 
00:07 Jun 07, 2008
Jkt 069200
PO 00000
Frm 00306
Fmt 6652
Sfmt 6203
E:\BILLS\H1328.RH
H1328
jbell on PROD1PC69 with BILLS
307 
course of carrying out its duties under this sec-
tion. 
‘‘(2) To review and analyze the recommendations 
of the report of the study committee. 
‘‘(3) To make legislative recommendations to 
Congress regarding the delivery of Federal health care 
services to Indians. Such recommendations shall in-
clude those related to issues of eligibility, benefits, the 
range of service providers, the cost of such services, fi-
nancing such services, and the optimal manner in 
which to provide such services. 
‘‘(4) Not later than 18 months following the date 
of appointment of all members of the Commission, 
submit a written report to Congress regarding the de-
livery 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 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 major-
VerDate Aug 31 2005 
00:07 Jun 07, 2008
Jkt 069200
PO 00000
Frm 00307
Fmt 6652
Sfmt 6203
E:\BILLS\H1328.RH
H1328
jbell on PROD1PC69 with BILLS
308 
ity leaders, and 3 from the House of Representa-
tives and 2 from the Senate, appointed by their 
respective minority leaders, and who shall be 
members of the standing committees of Congress 
that consider legislation affecting health care to 
Indians. 
‘‘(B) Twelve persons chosen by the congres-
sional members of the Commission, 1 from each 
Service Area as currently designated by the Di-
rector of the Service to be chosen from among 3 
nominees from each Service Area put forward by 
the Indian Tribes within the area, with due re-
gard 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 popu-
lations. 
‘‘(C) Three persons appointed by the Direc-
tor who are knowledgeable about the provision of 
health care to Indians, at least 1 of whom shall 
be appointed from among 3 nominees put for-
ward by those programs whose funds are pro-
vided in whole or in part by the Service pri-
VerDate Aug 31 2005 
00:07 Jun 07, 2008
Jkt 069200
PO 00000
Frm 00308
Fmt 6652
Sfmt 6203
E:\BILLS\H1328.RH
H1328
jbell on PROD1PC69 with BILLS
309 
marily or exclusively for the benefit of Urban In-
dians. 
‘‘(D) All those persons chosen by the con-
gressional members of the Commission and by 
the Director shall be members of federally recog-
nized Indian Tribes. 
‘‘(2) CHAIR; VICE CHAIR.—The Chair and Vice 
Chair of the Commission shall be selected by the con-
gressional members of the Commission. 
‘‘(3) TERMS.—The terms of members of the Com-
mission shall be for the life of the Commission. 
‘‘(4) DEADLINE FOR APPOINTMENTS.—Congres-
sional members of the Commission shall be appointed 
not later than 180 days after the date of enactment 
of the Indian Health Care Improvement Act Amend-
ments of 2007, and the remaining members of the 
Commission shall be appointed not later than 60 days 
following the appointment of the congressional mem-
bers. 
‘‘(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 congres-
sional member of the Commission shall receive no ad-
VerDate Aug 31 2005 
00:07 Jun 07, 2008
Jkt 069200
PO 00000
Frm 00309
Fmt 6652
Sfmt 6203
E:\BILLS\H1328.RH
H1328
jbell on PROD1PC69 with BILLS
310 
ditional pay, allowances, or benefits by reason of their 
service on the Commission and shall receive travel ex-
penses and per diem in lieu of subsistence in accord-
ance 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 entitled 
to receive compensation at the per diem equivalent of 
the rate provided for level IV of the Executive Sched-
ule under section 5315 of title 5, United States Code, 
and while so serving away from home and the mem-
ber’s regular place of business, a member may be al-
lowed 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 
VerDate Aug 31 2005 
00:07 Jun 07, 2008
Jkt 069200
PO 00000
Frm 00310
Fmt 6652
Sfmt 6203
E:\BILLS\H1328.RH
H1328
jbell on PROD1PC69 with BILLS
311 
members are present and no less than 9 of the members who 
are Indians are present. 
‘‘(g) EXECUTIVE DIRECTOR; STAFF; FACILITIES.— 
‘‘(1) APPOINTMENT; PAY.—The Commission shall 
appoint an executive director of the Commission. 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 appointments 
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 classifica-
tion and General Schedule pay rates). 
‘‘(4) TEMPORARY SERVICES.—With the approval 
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 General 
Services shall locate suitable office space for the oper-
ation of the Commission. The facilities shall serve as 
VerDate Aug 31 2005 
00:07 Jun 07, 2008
Jkt 069200
PO 00000
Frm 00311
Fmt 6652
Sfmt 6203
E:\BILLS\H1328.RH
H1328
jbell on PROD1PC69 with BILLS
312 
the headquarters of the Commission and shall include 
all necessary equipment and incidentals required for 
the proper functioning of the Commission. 
‘‘(h) HEARINGS.—(1) For the purpose of carrying out 
its duties, the Commission may hold such hearings and un-
dertake such other activities as the Commission determines 
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 re-
garding the delivery of health care services to them. To con-
stitute a hearing under this subsection, at least 5 members 
of the Commission, including at least 1 member of Congress, 
must be present. Hearings held by the study committee es-
tablished in this section may count toward the number of 
regional hearings required by this subsection. 
‘‘(2) Upon request of the Commission, the Comptroller 
General shall conduct such studies or investigations as the 
Commission determines to be necessary to carry out its du-
ties. 
‘‘(3)(A) The Director of the Congressional Budget Of-
fice or the Chief Actuary of the Centers for Medicare & Med-
icaid Services, or both, shall provide to the Commission, 
upon the request of the Commission, such cost estimates as 
VerDate Aug 31 2005 
00:07 Jun 07, 2008
Jkt 069200
PO 00000
Frm 00312
Fmt 6652
Sfmt 6203
E:\BILLS\H1328.RH
H1328
jbell on PROD1PC69 with BILLS
313 
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 that Director of such additional 
staff as may be necessary for the Director to comply with 
requests by the Commission under subparagraph (A). 
‘‘(4) Upon the request of the Commission, the head of 
any Federal agency is authorized to detail, without reim-
bursement, any of the personnel of such agency to the Com-
mission 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 nec-
essary to carry out its duties. 
‘‘(6) The Commission may use the United States mails 
in the same manner and under the same conditions as Fed-
eral agencies and shall, for purposes of the frank, be consid-
ered a commission of Congress as described in section 3215 
of title 39, United States Code. 
‘‘(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 
VerDate Aug 31 2005 
00:07 Jun 07, 2008
Jkt 069200
PO 00000
Frm 00313
Fmt 6652
Sfmt 6203
E:\BILLS\H1328.RH
H1328
jbell on PROD1PC69 with BILLS
314 
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 Adminis-
trator of General Services shall provide to the Commission 
on a reimbursable basis such administrative support serv-
ices 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) NONAPPLICABILITY OF FACA.—The Federal Advi-
sory Committee Act (5 U.S.C. App.) shall not apply to the 
Commission. 
‘‘SEC. 814. CONFIDENTIALITY OF MEDICAL QUALITY ASSUR-
ANCE RECORDS; QUALIFIED IMMUNITY FOR 
PARTICIPANTS. 
‘‘(a) CONFIDENTIALITY OF RECORDS.—Medical qual-
ity assurance records created by or for any Indian Health 
Program or a health program of an Urban Indian Organi-
VerDate Aug 31 2005 
00:07 Jun 07, 2008
Jkt 069200
PO 00000
Frm 00314
Fmt 6652
Sfmt 6203
E:\BILLS\H1328.RH
H1328
jbell on PROD1PC69 with BILLS
315 
zation as part of a medical quality assurance program are 
confidential and privileged. Such records may not be dis-
closed to any person or entity, except as provided in sub-
section (c). 
‘‘(b) PROHIBITION
ON
DISCLOSURE
AND
TESTI-
MONY.— 
‘‘(1) IN
GENERAL.—No part of any medical 
quality assurance record described in subsection (a) 
may be subject to discovery or admitted into evidence 
in any judicial or administrative proceeding, except 
as provided in subsection (c). 
‘‘(2) TESTIMONY.—A person who reviews or cre-
ates medical quality assurance records for any Indian 
Health Program or Urban Indian Organization who 
participates in any proceeding that reviews or creates 
such records may not be permitted or required to tes-
tify in any judicial or administrative proceeding 
with respect to such records or with respect to any 
finding, recommendation, evaluation, opinion, or ac-
tion taken by such person or body in connection with 
such records except as provided in this section. 
‘‘(c) AUTHORIZED DISCLOSURE AND TESTIMONY.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), a 
medical quality assurance record described in sub-
section (a) may be disclosed, and a person referred to 
VerDate Aug 31 2005 
00:07 Jun 07, 2008
Jkt 069200
PO 00000
Frm 00315
Fmt 6652
Sfmt 6203
E:\BILLS\H1328.RH
H1328
jbell on PROD1PC69 with BILLS
316 
in subsection (b) may give testimony in connection 
with such a record, only as follows: 
‘‘(A) To a Federal executive agency or pri-
vate organization, if such medical quality assur-
ance record or testimony is needed by such agen-
cy or organization to perform licensing or ac-
creditation functions related to any Indian 
Health Program or to a health program of an 
Urban Indian Organization to perform moni-
toring, required by law, of such program or or-
ganization. 
‘‘(B) To an administrative or judicial pro-
ceeding commenced by a present or former In-
dian Health Program or Urban Indian Organi-
zation provider concerning the termination, sus-
pension, or limitation of clinical privileges of 
such health care provider. 
‘‘(C) To a governmental board or agency or 
to a professional health care society or organiza-
tion, if such medical quality assurance record or 
testimony is needed by such board, agency, soci-
ety, or organization to perform licensing, 
credentialing, or the monitoring of professional 
standards with respect to any health care pro-
VerDate Aug 31 2005 
00:07 Jun 07, 2008
Jkt 069200
PO 00000
Frm 00316
Fmt 6652
Sfmt 6203
E:\BILLS\H1328.RH
H1328
jbell on PROD1PC69 with BILLS
317 
vider who is or was an employee of any Indian 
Health Program or Urban Indian Organization. 
‘‘(D) To a hospital, medical center, or other 
institution that provides health care services, if 
such medical quality assurance record or testi-
mony is needed by such institution to assess the 
professional qualifications of any health care 
provider who is or was an employee of any In-
dian Health Program or Urban Indian Organi-
zation and who has applied for or been granted 
authority or employment to provide health care 
services in or on behalf of such program or orga-
nization. 
‘‘(E) To an officer, employee, or contractor 
of the Indian Health Program or Urban Indian 
Organization that created the records or for 
which the records were created. If that officer, 
employee, or contractor has a need for such 
record or testimony to perform official duties. 
‘‘(F) To a criminal or civil law enforcement 
agency or instrumentality charged under appli-
cable law with the protection of the public health 
or safety, if a qualified representative of such 
agency or instrumentality makes a written re-
VerDate Aug 31 2005 
00:07 Jun 07, 2008
Jkt 069200
PO 00000
Frm 00317
Fmt 6652
Sfmt 6203
E:\BILLS\H1328.RH
H1328
jbell on PROD1PC69 with BILLS
318 
quest that such record or testimony be provided 
for a purpose authorized by law. 
‘‘(G) In an administrative or judicial pro-
ceeding commenced by a criminal or civil law 
enforcement agency or instrumentality referred 
to in subparagraph (F), but only with respect to 
the subject of such proceeding. 
‘‘(2) IDENTITY OF PARTICIPANTS.—With the ex-
ception of the subject of a quality assurance action, 
the identity of any person receiving health care serv-
ices from any Indian Health Program or Urban In-
dian Organization or the identity of any other person 
associated with such program or organization for 
purposes of a medical quality assurance program that 
is disclosed in a medical quality assurance record de-
scribed in subsection (a) shall be deleted from that 
record or document before any disclosure of such 
record is made outside such program or organization. 
Such requirement does not apply to the release of in-
formation pursuant to section 552a of title 5. 
‘‘(d) DISCLOSURE FOR CERTAIN PURPOSES.— 
‘‘(1) IN GENERAL.—Nothing in this section shall 
be construed as authorizing or requiring the with-
holding from any person or entity aggregate statis-
tical information regarding the results of any Indian 
VerDate Aug 31 2005 
00:07 Jun 07, 2008
Jkt 069200
PO 00000
Frm 00318
Fmt 6652
Sfmt 6203
E:\BILLS\H1328.RH
H1328
jbell on PROD1PC69 with BILLS
319 
Health Program or Urban Indian Organizations’s 
medical quality assurance programs. 
‘‘(2) WITHHOLDING FROM CONGRESS.—Nothing 
in this section shall be construed as authority to with-
hold any medical quality assurance record from a 
committee of either House of Congress, any joint com-
mittee of Congress, or the Government Accountability 
Office if such record pertains to any matter within 
their respective jurisdictions. 
‘‘(e) PROHIBITION ON DISCLOSURE OF RECORD OR 
TESTIMONY.—A person or entity having possession of or ac-
cess to a record or testimony described by this section may 
not disclose the contents of such record or testimony in any 
manner or for any purpose except as provided in this sec-
tion. 
‘‘(f) EXEMPTION FROM FREEDOM OF INFORMATION 
ACT.—Medical quality assurance records described in sub-
section (a) may not be made available to any person under 
section 552 of title 5. 
‘‘(g) LIMITATION ON CIVIL LIABILITY.—A person who 
participates in or provides information to a person or body 
that reviews or creates medical quality assurance records 
described in subsection (a) shall not be civilly liable for such 
participation or for providing such information if the par-
ticipation or provision of information was in good faith 
VerDate Aug 31 2005 
00:07 Jun 07, 2008
Jkt 069200
PO 00000
Frm 00319
Fmt 6652
Sfmt 6203
E:\BILLS\H1328.RH
H1328
jbell on PROD1PC69 with BILLS