205 
‘‘(5) the eligibility of any Indian who is a vet-
eran to receive health services through the Depart-
ment of Veterans Affairs. 
‘‘(c) REIMBURSEMENT.—The Service, Indian Tribe, 
or Tribal Organization shall be reimbursed by the Depart-
ment of Veterans Affairs or the Department of Defense 
(as the case may be) where services are provided through 
the Service, an Indian Tribe, or a Tribal Organization to 
beneficiaries eligible for services from either such Depart-
ment, notwithstanding any other provision of law. 
‘‘(d) CONSTRUCTION.—Nothing in this section may 
be construed as creating any right of a non-Indian veteran 
to obtain health services from the Service. 
‘‘SEC. 407. PAYOR OF LAST RESORT. 
‘‘Indian Health Programs and health care programs 
operated by Urban Indian Organizations shall be the 
payor of last resort for services provided to persons eligible 
for services from Indian Health Programs and Urban In-
dian Organizations, notwithstanding any Federal, State, 
or local law to the contrary. 
‘‘SEC. 408. NONDISCRIMINATION UNDER FEDERAL HEALTH 
CARE PROGRAMS IN QUALIFICATIONS FOR 
REIMBURSEMENT FOR SERVICES. 
‘‘(a) REQUIREMENT TO SATISFY GENERALLY APPLI-
CABLE PARTICIPATION REQUIREMENTS.— 
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‘‘(1) IN GENERAL.—A Federal health care pro-
gram must accept an entity that is operated by the 
Service, an Indian Tribe, Tribal Organization, or 
Urban Indian Organization as a provider eligible to 
receive payment under the program for health care 
services furnished to an Indian on the same basis as 
any other provider qualified to participate as a pro-
vider of health care services under the program if 
the entity meets generally applicable State or other 
requirements for participation as a provider of 
health care services under the program. 
‘‘(2) SATISFACTION OF STATE OR LOCAL LICEN-
SURE
OR
RECOGNITION
REQUIREMENTS.—Any re-
quirement for participation as a provider of health 
care services under a Federal health care program 
that an entity be licensed or recognized under the 
State or local law where the entity is located to fur-
nish health care services shall be deemed to have 
been met in the case of an entity operated by the 
Service, an Indian Tribe, Tribal Organization, or 
Urban Indian Organization if the entity meets all 
the applicable standards for such licensure or rec-
ognition, regardless of whether the entity obtains a 
license or other documentation under such State or 
local law. In accordance with section 221, the ab-
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sence of the licensure of a health care professional 
employed by such an entity under the State or local 
law where the entity is located shall not be taken 
into account for purposes of determining whether 
the entity meets such standards, if the professional 
is licensed in another State. 
‘‘(b) APPLICATION OF EXCLUSION FROM PARTICIPA-
TION IN FEDERAL HEALTH CARE PROGRAMS.— 
‘‘(1) EXCLUDED ENTITIES.—No entity operated 
by the Service, an Indian Tribe, Tribal Organiza-
tion, or Urban Indian Organization that has been 
excluded from participation in any Federal health 
care program or for which a license is under suspen-
sion or has been revoked by the State where the en-
tity is located shall be eligible to receive payment or 
reimbursement under any such program for health 
care services furnished to an Indian. 
‘‘(2) EXCLUDED INDIVIDUALS.—No individual 
who has been excluded from participation in any 
Federal health care program or whose State license 
is under suspension shall be eligible to receive pay-
ment or reimbursement under any such program for 
health care services furnished by that individual, di-
rectly or through an entity that is otherwise eligible 
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208 
to receive payment for health care services, to an In-
dian. 
‘‘(3) FEDERAL
HEALTH
CARE
PROGRAM
DE-
FINED.—In this subsection, the term, ‘Federal 
health care program’ has the meaning given that 
term in section 1128B(f) of the Social Security Act 
(42 U.S.C. 1320a–7b(f)), except that, for purposes 
of this subsection, such term shall include the health 
insurance program under chapter 89 of title 5, 
United States Code. 
‘‘(c) RELATED PROVISIONS.—For provisions related 
to nondiscrimination against providers operated by the 
Service, an Indian Tribe, Tribal Organization, or Urban 
Indian Organization, see section 1139(c) of the Social Se-
curity Act (42 U.S.C. 1320b–9(c)). 
‘‘SEC. 409. CONSULTATION. 
‘‘For provisions related to consultation with rep-
resentatives of Indian Health Programs and Urban Indian 
Organizations with respect to the health care programs 
established under titles XVIII, XIX, and XXI of the Social 
Security Act, see section 1139(d) of the Social Security 
Act (42 U.S.C. 1320b–9(d)). 
‘‘SEC. 410. STATE CHILDREN’S HEALTH INSURANCE PRO-
GRAM (SCHIP). 
‘‘For provisions relating to— 
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