Sec. 3. Copayments for tribal veterans receiving certain medical services
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/bill/116/s/1001/is/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Title IV of the Indian Health Care Improvement Act ( 25 U.S.C. 1641 et seq.) is amended by adding at the end the following: In this section: The term appropriate committees of Congress means— in the Senate— the Committee on Veterans’ Affairs; and the Committee on Indian Affairs; and in the House of Representatives— the Committee on Veterans’ Affairs; and the Committee on Natural Resources. The term covered medical care means any medical care or service that is— authorized for an eligible Indian veteran under the contract health service and referred by the Service; and administered at a facility of the Department of Veterans Affairs, including any services rendered under a contract with a non-Department of Veterans Affairs health care provider.
The term eligible Indian veteran means an Indian or Alaska Native veteran who is eligible for assistance from the Service. Notwithstanding any other provision of law, except as provided in paragraph (3), the Secretary (or a designee, including the director of any area office of the Service), the Secretary of Veterans Affairs (or a designee), and any tribal health program, as applicable, shall enter into a memorandum of understanding, in consultation with Indian tribes to be impacted by the memorandum of understanding (on a national or regional basis), that authorizes the Secretary or tribal health program, as applicable, to pay to the Secretary of Veterans Affairs any copayments owed to the Department of Veterans Affairs by eligible Indian veterans for covered medical care.
In entering into a memorandum of understanding under paragraph (1), the Secretary, the Secretary of Veterans Affairs, and any tribal health program, as applicable, shall take into consideration any findings contained in the report under subsection (e). The Secretary, the Secretary of Veterans Affairs, and any tribal health program, as applicable, shall not be required to enter into a memorandum of understanding under paragraph
(1)if the Secretary, the Secretary of Veterans Affairs, and any tribal health program, as applicable, jointly certify to the appropriate committees of Congress that such a memorandum of understanding would— decrease the quality of health care provided to eligible Indian veterans; impede the access of those veterans to health care; or substantially decrease the quality of, or access to, health care by individuals receiving health care from the Department of Veterans Affairs or beneficiaries of the Service. Notwithstanding any other provision of law and in accordance with the relevant memorandum of understanding described in subsection (b), the Service may cover the cost of any copayment assessed by the Department of Veterans Affairs to an eligible Indian veteran receiving covered medical care. Notwithstanding section 407(c), section 2901(b) of the Patient Protection and Affordable Care Act ( 25 U.S.C. 1623(b) ), or any other provision of law, and in accordance with the relevant memorandum of understanding described in subsection (b), the Secretary of Veterans Affairs may accept a payment from the Service under subsection (c). Not later than 90 days after the date of enactment of this section, the Secretary and the Secretary of Veterans Affairs shall submit to the appropriate committees of Congress a report that describes— the number of veterans, disaggregated by State, who— are eligible for assistance from the Service; and have received health care at a medical facility of the Department of Veterans Affairs; the number of veterans, disaggregated by State and calendar year, who— are eligible for assistance from the Service; and were referred to a medical facility of the Department of Veterans Affairs from a facility of the Service during the period— beginning on January 1, 2013; and ending on December 31, 2018; and an update regarding efforts of the Secretary and the Secretary of Veterans Affairs to streamline health care for veterans who are eligible for assistance from the Service and have received health care at a medical facility of the Department of Veterans Affairs and at a facility of the Service, including a description of— any changes to the provision of health care required under this Act; and any barriers to efficiently streamline the provision of health care to veterans who are eligible for assistance from the Service. .
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