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Code · BILL · 115th Congress · H.R. 1369 (Introduced in House) — To amend the Indian Health Care Improvement Act to revise and extend that Act, and for other purposes. · Sec. 124

Sec. 124. Other authority for provision of services; shared services for long-term care

734 words·~3 min read·/bill/115/hr/1369/ih/section-124

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Section 205 of the Indian Health Care Improvement Act ( 25 U.S.C. 1621d ) is amended to read as follows: In this section: The term assisted living service means any service provided by an assisted living facility (as defined in section 232(b) of the National Housing Act ( 12 U.S.C. 1715w(b) )), except that such an assisted living facility— shall not be required to obtain a license; but shall meet all applicable standards for licensure. The term home- and community-based service means 1 or more of the services specified in paragraphs
(1)through
(9)of section 1929(a) of the Social Security Act ( 42 U.S.C. 1396t(a) ) (whether provided by the Service or by an Indian tribe or tribal organization pursuant to the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450 et seq.)) that are or will be provided in accordance with applicable standards. The term hospice care means— the items and services specified in subparagraphs
(A)through
(H)of section 1861(dd)(1) of the Social Security Act ( 42 U.S.C. 1395x(dd)(1) ); and such other services as an Indian tribe or tribal organization determines are necessary and appropriate to provide in furtherance of that care. The term long-term care services has the meaning given the term qualified long-term care services in section 7702B(c) of the Internal Revenue Code of 1986. The Secretary, acting through the Service, Indian tribes, and tribal organizations, may provide funding under this Act to meet the objectives set forth in section 3 through health care-related services and programs not otherwise described in this Act for the following services: Hospice care. Assisted living services. Long-term care services. Home- and community-based services. The following individuals shall be eligible to receive long-term care services under this section: Individuals who are unable to perform a certain number of activities of daily living without assistance. Individuals with a mental impairment, such as dementia, Alzheimer’s disease, or another disabling mental illness, who may be able to perform activities of daily living under supervision. Such other individuals as an applicable tribal health program determines to be appropriate. The Secretary, acting through the Service, Indian tribes, and tribal organizations, may also provide funding under this Act to meet the objectives set forth in section 3 for convenient care services programs pursuant to section 307(c)(2)(A). . Section 821 of the Indian Health Care Improvement Act ( 25 U.S.C. 1680k ) is repealed. Section 822 of the Indian Health Care Improvement Act ( 25 U.S.C. 1680 l ) is amended to read as follows: Notwithstanding any other provision of law, the Secretary, acting through the Service, is authorized to provide directly, or enter into contracts or compacts under the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450 et seq.) with Indian tribes or tribal organizations for, the delivery of long-term care (including health care services associated with long-term care) provided in a facility to Indians. Each agreement under paragraph
(1)shall provide for the sharing of staff or other services between the Service or a tribal health program and a long-term care or related facility owned and operated (directly or through a contract or compact under the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450 et seq.)) by the Indian tribe or tribal organization. An agreement entered into pursuant to subsection (a)— may, at the request of the Indian tribe or tribal organization, delegate to the Indian tribe or tribal organization such powers of supervision and control over Service employees as the Secretary determines to be necessary to carry out the purposes of this section; shall provide that expenses (including salaries) relating to services that are shared between the Service and the tribal health program be allocated proportionately between the Service and the Indian tribe or tribal organization; and may authorize the Indian tribe or tribal organization to construct, renovate, or expand a long-term care or other similar facility (including the construction of a facility attached to a Service facility). Any nursing facility provided for under this section shall meet the requirements for nursing facilities under section 1919 of the Social Security Act ( 42 U.S.C. 1396r ). The Secretary shall provide such technical and other assistance as may be necessary to enable applicants to comply with this section. The Secretary shall encourage the use of existing facilities that are underused, or allow the use of swing beds, for long-term or similar care. .
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cites case law
Sec. 124
Other authority for provision of services; shared services for long-term care
U.S.C.§ 1621d
U.S.C.§ 1715w
U.S.C.§ 1396t
U.S.C.§ 450
U.S.C.§ 1395x
U.S.C.§ 1680k
U.S.C.§ 1680
U.S.C.§ 1396r
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