Page:United States Statutes at Large Volume 90 Part 1.djvu/1458

 90 STAT. 1408

PUBLIC LAW 94-437—SEPT. 30, 1976 SOBOBA SANITATION

42 USC 2004a.

FACILITIES

SEC. 304. The Act of December 17, 1970 (84 Stat. 1465), is hereby amended by adding the following new section 9 at the end thereof: "SEC. 9. Nothing in this Act shall preclude the Soboba Band of Mission Indians and the Soboba Indian Reservation from being provided with sanitation facilities and services under the authority of section 7 of the Act of August 5, 1954 (68 Stat. 674), as amended by the Act of July 31, 1959 (73 Stat. 267).". TITLE IV - A C C E S S TO H E A L T H SERVICES ELIGIBILITY OF INDIAN H E A L T H SERVICE FACILITIES UNDER MEDICARE PROGRAM

42 USC 1395f, 1395n. 42 USC 1395x.

SEC. 401. (a) Sections 1814(c) and 1835(d) of the Social Security Act are each amended by striking out "No payment" and inserting in lieu thereof "Subject to section 1880, no payment". (b) Part C of title X VIII of such Act is amended by adding at the end thereof the following new section: " I N D I A N H E A L T H SERVICE FACILITIES

Hospital or skilled nursing facility, eligibility for payments.

"SEC. 1880, (a) A hospital or skilled nursing facility of the Indian Health Service, whether operated by such Service or by an Indian tribe or tribal organization (as those terms are defined in section 4 42 USC 1395qq. of the Indian Health Care Improvement Act), shall be eligible for payments under this title, notwithstanding sections 1814(c) and 1835 (d), if and for so long as it meets all of the conditions and requirements for such payments which are applicable generally to hospitals or skilled nursing facilities (as the case may be) under this title. Ineligible "(b) Notwithstanding subsection (a), a hospital or skilled nursing hospital or skilled facility of the Indian Health Service which does not meet all of the nursing facility, conditions and requirements of this title which are applicable gensubmittal of plan erally to hospitals or skilled nursing facilities (as the case may be), for compliance. but which submits to the Secretary within six months after the date of the enactment of this section an acceptable plan for achieving compliance with such conditions and requirements, shall be deemed to meet such conditions and requirements (and to be eligible for payments under this title), without regard to the extent of its actual compliance with such conditions and requirements, during the first 12 months after the month in which such plan is submitted. Fund for " (c) Notwithstanding any other provision of this title, payments to improvements. which any hospital or skilled nursing facility of the Indian Health Service is entitled by reason of this section shall be placed in a special fund to be held by the Secretary and used by him (to such extent or in such amounts as are provided in appropriation Acts) exclusively for the purpose of making any improvements in the hospitals and skilled nursing facilities of such Service which may be necessary to achieve compliance with the applicable conditions and requirements of this title. The preceding sentence shall cease to apply when the Secretary determines and certifies that substantially all of the hospitals and skilled nursing facilities of such Service in the United States are in compliance with such conditions and requirements. "(d) The annual report of the Secretary which is required by secPost, p. 1413. tion 701 of the Indian Health Care Improvement Act shall include Post, p. 1410. (along with the matters specified in section 403 of such Act) a detailed

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