Page:United States Statutes at Large Volume 90 Part 1.djvu/1459

 PUBLIC LAW 94-437—SEPT. 30, 1976

90 STAT. 1409

statement of the status of the hospitals and skilled nursing facilities of the Service in terms of their compliance with the applicable conditions and requirements of this title and of the progress being made bysuch hospitals and facilities (under plans submitted under subsection (b) and otherwise) toward the achievement of such compliance.". (c) Any payments received for services provided to beneficiaries 42 USC 1395qq hereunder shall not be considered in determining appropriations for note. health care and services to Indians. (d) Nothing herein authorizes the Secretary to provide services to Services to an an Indian beneficiary with coverage under title X VIII of the Social Indian Security Act, as amended, in preference to an Indian beneficiary beneficiary. 42 USC 1395qq without such coverage. note. 42 USC 1395. SERVICES PROVIDED TO MEDICAID ELIGIBLE INDIANS

SEC. 402. (a) Title X IX of the Social Security Act is amended by adding at the end thereof the following new section: " I N D I A N HEALTH SERVICE FACILITIES

"SEC. 1911. (a) A facility of the Indian Health Service (including a hospital, intermediate care facility, or skilled nursing facility), whether operated by such Service or by an Indian tribe or tribal organization (as those terms are defined in section 4 of the Indian Health Care Improvement Act), shall be eligible for reimbursement for medical assistance provided under a State plan if and for so long as it meets all of the conditions and requirements which are applicable generally to such facilities under this title. "(b) Notwithstanding subsection (a), a facility of the Indian Health Service (including a hospital, intermediate care facility, or skilled nursing facility) which does not meet all of the conditions and requirements of this title which are applicable generally to such facility, but which submits to the Secretary within six months after the date of the enactment of this section an acceptable plan for acliieving compliance with such conditions and requirements, shall be deemed to meet such conditions and requirements (and to be eligible for reimbursement under this title), without regard to the extent of its actual compliance with such conditions and requirements, during the first twelve months after the month in which such plan is submitted.". (b) The Secretary is authorized to enter into agreements with the appropriate State agency for the purpose of reimbursing such agency for health care and services provided in Service facilities to Indians who are eligible for medical assistance under title X IX of the Social Security Act, as amended. (c) Notwithstanding any other provision of law, payments to which any facility of the Indian Health Service (including a hospital, intermediate care facility, or skilled nursing facility) is entitled under a State plan approved under title X IX of the Social Security Act by reason of section 1911 of such Act 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 facilities of such Service which may be necessary to achieve compliance with the applicable conditions and requirements of such title. The preceding sentence shall cease to apply when the Secretary determines and certifies that substantially all of the health facilities of such Service in the United States are in compliance with such conditions and requirements.

Eligibility for reimbursement. 42 USC 1396J. Ante, p. 1401.

Facilities, submittal of plan for compliance. 42 USC 1396J note.

42 USC 1396] note.

42 USC 1396.

Supra.

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