Q: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
SECTION 1. SHORT TITLE.

This Act may be cited as the ''South Dakota Tribal Nursing
Facilities Act of 2002''.

SEC. 2. FINDINGS AND PURPOSES.

(a) Findings.--Congress makes the following findings:
(1) The highest rate of poverty in South Dakota occurs on
Indian reservations.
(2) According to the 2000 United States Census, nine
counties that encompass Indian reservations are among the 100
poorest counties in the United States.
(3) There are no nursing facilities on the Indian
reservations in South Dakota.
(4) The lack of nursing facilities on the larger Indian
reservations is a barrier that prevents Indian elders from
accessing long-term health care.
(5) The elderly poor constitute a growing portion of the
membership of the Indian tribes and tribal organizations of
South Dakota.
(6) The great distances between Indian reservations and
off-reservation nursing facilities--
(A) deter the Indian elderly from using such
facilities; and
(B) if the Indian elderly do use such facilities,
prevent visitation from family and relatives that is
essential to the well-being of the Indian elderly.
(7) There is a critical need for nursing facilities on the
Indian reservations located in South Dakota to meet the elderly
and assisted-living needs of tribal members.
(8) A South Dakota law imposes a moratorium on the
licensing of new nursing facilities in the State.
(9) The medicaid program requires State licensure of
nursing facilities to qualify such facility for reimbursement
for care provided to individuals eligible for medical
assistance under such program.
(10) The impact of the South Dakota moratorium on nursing
facility licensure and the requirements of the medicaid program
prevent Indian tribes and tribal organizations in South Dakota
from developing and operating these badly needed facilities on
Indian reservations.
(11) It is the responsibility and goal of the United
States, in the fulfillment of its responsibility to provide and
facilitate adequate health care for elderly and needy members
of Indian tribes and tribal organizations, to protect the right
of Indian tribes and tribal organizations to provide nursing
facilities for those members.
(b) Purposes.--The purposes of this Act are, notwithstanding any
impediment imposed by State law--
(1) to facilitate the development and operation of nursing
facilities that are owned or operated by an Indian tribe or
tribal organization on Indian reservations that are located in
the State of South Dakota; and
(2) to protect the right of members of Indian tribes and
tribal organizations to access health care provided by nursing
facilities in the exercise of those members' entitlement to
medical assistance under the medicaid program.

SEC. 3. ELIGIBILITY OF CERTAIN NURSING FACILITIES FOR REIMBURSEMENT
UNDER THE MEDICAID PROGRAM.

(a) In General.--Notwithstanding any provision of title XIX of the
Social Security Act (42 U.S.C. 1396 et seq.), an applicable nursing
facility shall be eligible for reimbursement for medical assistance
provided under such title and shall be deemed to be a facility of the
Indian Health Service for purposes of the third sentence of section
1905(b) of such Act (42 U.S.C. 1396d(b)) if and for so long as--
(1) the facility meets all of the conditions and
requirements which are applicable generally to such facilities
under such title (other than any State requirement relating to
the operation of such a facility under such title); and
(2) has in effect a plan approved under subsection (b)(2).
(b) Submission and Approval of Plans.--
(1) Submission.--An Indian tribe or tribal organization
that desires an applicable nursing facility to be reimbursed
through the operation of this section shall submit a plan to
the Secretary at such time, in such manner, and containing such
information as the Secretary may specify, including evidence
that--
(A) such facility is licensed by the Indian tribe
or tribal organization; and
(B) the State, the Indian tribe, or the tribal
organization has agreed to perform the functions of the
State under section 1919 of the Social Security Act (42
U.S.C. 1396r).
(2) Approval.--Not later than the date that is 90 days
after the date on which a plan is submitted under paragraph
(1), the Secretary shall approve or disapprove such plan or
shall notify the facility of the additional information needed
for approval or disapproval.
(c) Definitions.--In this section:
(1) Applicable nursing facility.--The term ''applicable
nursing facility'' means an existing or planned nursing
facility (as defined in section 1919(a) of the Social Security
Act (42 U.S.C. 1396r(a))) that--
(A) is owned or operated by an Indian tribe or
tribal organization;
(B) is located (or will be located) in the State of
South Dakota; and
(C) is not able to obtain a State license only as a
result of a State imposed moratorium on the issuance of
such licenses.
(2) Indian tribe and tribal organization.--The terms
''Indian tribe'' and ''tribal organization'' have the meanings
given such terms under section 4 of the Indian Health Care
Improvement Act.
(3) Secretary.--The term ''Secretary'' means the Secretary
of Health and Human Services.
A:
South Dakota Tribal Nursing Facilities Act of 2002 - Makes a nursing facility in South Dakota that is owned or operated by an Indian tribe or tribal organization, and is unable to obtain a State license only because of a State-imposed moratorium on the issuance of such licenses, eligible for reimbursement for medical assistance provided under title XIX (Medicaid) of the Social Security Act. Deems such a facility to be an Indian Health Service (IHS) facility with the Federal medical assistance percentage set at 100 percent if it meets all applicable conditions and requirements and has a plan approved by the Secretary of Health and Human Services that indicates that the facility is licensed by the Indian tribe or tribal organization.