Page:United States Statutes at Large Volume 102 Part 5.djvu/807

 PUBLIC LAW 100-713—NOV. 23, 1988

102 STAT. 4813

proposed closure which specifies, in addition to other considerations— "(A) the accessibility of alternative health care resources for the population served by such hospital or facility; "(B) the cost effectiveness of such closure; "(C) the quality of health care to be provided to the population served by such hospital or facility after such closure; "(D) the availability of contract health care funds to maintain existing levels of service; and "(E) the views of the Indian tribes served by such hospital or facility concerning such closure. "(2) Paragraph (1) shall not apply to any temporary closure of a facility or of any portion of a faolity if such closure is necessary for medical, environmental, or safety reasons. "(c) The President shall include with the budget submitted under section 1105 of title 31, United States Code, for each of the fiscal years 1990, 1991, and 1992, program information documents for the construction of 10 Indian health facilities which— "(1) comply with applicable construction standards, and "(2) have been approved by the Secretary. "(d)(1) The Secretary shall submit to the Congress an annual report which sets forth— "(A) the current health facility priority system of the Service, "(B) the planning, design, construction, and renovation needs for the 10 top-priority inpatient care facilities and the 10 toppriority ambulatory care facilities (together with required staff quarters), "(C) the justification for such order of priority, "(D) the projected cost of such projects, and "(E) the methodology adopted by the Service in establishing priorities under its health facility priority system. "(2) The first report required under paragraph (1) shall be submitted by no later than the date that is 180 days after the date of enactment of the Indian Health Care Amendments of 1988 and, beginning in 1990, each subsequent annual report shall be submitted by the date that is 60 days after the date on which the President submits the budget to the Congress under section 1105 of title 31, United States Code. "(3) In preparing each report required under paragraph (1) (other than the initial report), the Secretary shall— "(A) consult with Indian tribes and tribal organizations including those tribes or tribal organizations operating health programs or facilities under any contract entered into with the Service under the Indian Self-Determination Act, and "(B) review the needs of such tribes and tribal organizations for inpatient and outpatient facilities, including their needs for renovation and expansion of costing facilities. "(4) For purposes of this subsection, the Secretary shall, in evaluating the needs of facilities operated under any contract entered into with the Service under the Indian Self-Determination Act, use the same criteria that the Secretary uses in evaluating the needs of facilities operated directly by the Service. "(5) The Secretary shall ensure that the planning, design, construction, and renovation needs of Service and non-Service facilities which are the subject of a contract for health services entered into with the Service under the Indian Self-Determination Act are

President of U.S.

Reports.

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