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Code · BILL · 118th Congress · S. 5636 (Introduced in Senate) — To ensure progress toward the fulfillment by the Federal Government of its trust and treaty obligations to Native Ame... · Sec. 210

Sec. 210. Native Hawaiian health care

407 words·~2 min read·/bill/118/s/5636/is/section-210

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Section 6 of the Native Hawaiian Health Care Improvement Act ( 42 U.S.C. 11705 ) is amended— by redesignating subsections
(h)and
(i)(as added by section 206) as subsections
(i)and (j), respectively; by inserting after subsection
(g)the following: A Native Hawaiian health care system shall be considered to be a Federal agency for purposes of claims under sections 1346(b) and 2672 of title 28, United States Code, for money damages for personal injury, including death, resulting from the performance of functions by the Native Hawaiian health care system. An individual who is an officer or employee of a Native Hawaiian health care system shall— be considered to be an employee of the Department of Health and Human Services for purposes of claims under sections 1346(b) and 2672 of title 28, United States Code, for money damages for personal injury, including death, resulting from the performance of functions within the scope of employment of the individual; and be considered to be an employee of the Public Health Service performing medical, surgical, dental, or related functions for purposes of ensuring that the remedy provided by sections 1346(b) and 2672 of title 28, United States Code, is exclusive of any other civil action or proceeding by reason of the same subject matter against— that individual; or the estate of that individual. ; and by striking subsection
(i)(as so redesignated) and inserting the following: Subject to paragraph (2), there are authorized to be appropriated to carry out this section, and there are appropriated, out of any monies in the Treasury not otherwise appropriated, $47,000,000 for fiscal year 2025, an additional $9,000,000 per year for each fiscal year until fiscal year 2037, and $155,000,000 each fiscal year thereafter. The amount made available under paragraph
(1)for fiscal year 2038 and each fiscal year thereafter shall be adjusted annually to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics. . Section 1905(b) of the Social Security Act ( 42 U.S.C. 1396d(b) ) is amended, in the third sentence, by striking for such 8 fiscal year quarters, and inserting for each fiscal quarter beginning on or after April 1, 2021, . Section 6 of the Native Hawaiian Health Care Improvement Act ( 42 U.S.C. 11705 ) is amended— by striking subsection (e); and by redesignating subsections
(f)through
(j)(as redesignated by subsection (a)(1)) as subsections
(e)through (i), respectively.
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Sec. 210
Native Hawaiian health care
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