Sec. 141. Health care facility priority system
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/bill/115/hr/1369/ih/section-141A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 301 of the Indian Health Care Improvement Act ( 25 U.S.C. 1631 ) is amended— by redesignating subsection
(d)as subsection (h); and by striking subsection
(c)and inserting the following: The Secretary, acting through the Service, shall maintain a health care facility priority system, which— shall be developed in consultation with Indian tribes and tribal organizations; shall give Indian tribes’ needs the highest priority; may include the lists required in paragraph (2)(B)(ii); and shall include the methodology required in paragraph (2)(B)(v); and may include such health care facilities, and such renovation or expansion needs of any health care facility, as the Service may identify; and shall provide an opportunity for the nomination of planning, design, and construction projects by the Service, Indian tribes, and tribal organizations for consideration under the priority system at least once every 3 years, or more frequently as the Secretary determines to be appropriate. The Secretary shall ensure that the planning, design, construction, renovation, and expansion needs of Service and non-Service facilities operated under contracts or compacts in accordance with the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450 et seq.) are fully and equitably integrated into the health care facility priority system. For purposes of this subsection, the Secretary, in evaluating the needs of facilities operated under a contract or compact under the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450 et seq.), shall use the criteria used by the Secretary in evaluating the needs of facilities operated directly by the Service. The priority of any project established under the construction priority system in effect on the date of enactment of the Indian Healthcare Improvement Act of 2017 shall not be affected by any change in the construction priority system taking place after that date if the project— was identified in the fiscal year 2008 Service budget justification as— 1 of the 10 top-priority inpatient projects; 1 of the 10 top-priority outpatient projects; 1 of the 10 top-priority staff quarters developments; or 1 of the 10 top-priority Youth Regional Treatment Centers; had completed both Phase I and Phase II of the construction priority system in effect on the date of enactment of such Act; or is not included in clause
(i)or
(ii)and is selected, as determined by the Secretary— on the initiative of the Secretary; or pursuant to a request of an Indian tribe or tribal organization. In this subparagraph: The term Facilities Appropriation Advisory Board means the advisory board, comprised of 12 members representing Indian tribes and 2 members representing the Service, established at the discretion of the Director— to provide advice and recommendations for policies and procedures of the programs funded pursuant to facilities appropriations; and to address other facilities issues. The term Facilities Needs Assessment Workgroup means the workgroup established at the discretion of the Director— to review the health care facilities construction priority system; and to make recommendations to the Facilities Appropriation Advisory Board for revising the priority system. Not later than 1 year after the date of enactment of the Indian Healthcare Improvement Act of 2017 , the Secretary shall submit to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes the comprehensive, national, ranked list of all health care facilities needs for the Service, Indian tribes, and tribal organizations (including inpatient health care facilities, outpatient health care facilities, specialized health care facilities (such as for long-term care and alcohol and drug abuse treatment), wellness centers, and staff quarters, and the renovation and expansion needs, if any, of such facilities) developed by the Service, Indian tribes, and tribal organizations for the Facilities Needs Assessment Workgroup and the Facilities Appropriation Advisory Board. The initial report shall include— the methodology and criteria used by the Service in determining the needs and establishing the ranking of the facilities needs; and such other information as the Secretary determines to be appropriate. Beginning in calendar year 2017, the Secretary shall— update the report under clause
(ii)not less frequently that once every 5 years; and include the updated report in the appropriate annual report under subparagraph
(B)for submission to Congress under section 801. The Secretary shall submit to the President, for inclusion in the report required to be transmitted to Congress under section 801, a report which sets forth the following: A description of the health care facility priority system of the Service established under paragraph (1). Health care facilities lists, which may include— the 10 top-priority inpatient health care facilities; the 10 top-priority outpatient health care facilities; the 10 top-priority specialized health care facilities (such as long-term care and alcohol and drug abuse treatment); and the 10 top-priority staff quarters developments associated with health care facilities. The justification for such order of priority. The projected cost of such projects. The methodology adopted by the Service in establishing priorities under its health care facility priority system. In preparing the report required under paragraph (2), the Secretary shall— consult with and obtain information on all health care facilities needs from Indian tribes and tribal organizations; and review the total unmet needs of all Indian tribes and tribal organizations for health care facilities (including staff quarters), including needs for renovation and expansion of existing facilities. Not later than 1 year after the establishment of the priority system under subsection (c)(1)(A), the Comptroller General of the United States shall prepare and finalize a report reviewing the methodologies applied, and the processes followed, by the Service in making each assessment of needs for the list under subsection (c)(2)(A)(ii) and developing the priority system under subsection (c)(1), including a review of— the recommendations of the Facilities Appropriation Advisory Board and the Facilities Needs Assessment Workgroup (as those terms are defined in subsection (c)(2)(A)(i)); and the relevant criteria used in ranking or prioritizing facilities other than hospitals or clinics. The Comptroller General of the United States shall submit the report under paragraph
(1)to— the Committees on Indian Affairs and Appropriations of the Senate; the Committees on Natural Resources and Appropriations of the House of Representatives; and the Secretary. All funds appropriated under the Act of November 2, 1921 ( 25 U.S.C. 13 ) (commonly known as the Snyder Act ), for the planning, design, construction, or renovation of health facilities for the benefit of 1 or more Indian Tribes shall be subject to the provisions of section 102 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450f ) or sections 504 and 505 of that Act ( 25 U.S.C. 458aaa–3 , 458aaa–4). The Secretary shall consult and cooperate with Indian tribes and tribal organizations, and confer with urban Indian organizations, in developing innovative approaches to address all or part of the total unmet need for construction of health facilities, that may include— the establishment of an area distribution fund in which a portion of health facility construction funding could be devoted to all Service areas; approaches provided for in other provisions of this title; and other approaches, as the Secretary determines to be appropriate. .
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- 25 USC 458aaa–3
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Sec. 141
Health care facility priority system
Cite25 USC 458aaa–3
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