eligibility of indian health service facilities under medicare program

eligibility of indian health service facilities under medicare program 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 XVIII of such Act is amended by adding at the end thereof the following new section: “indian health service facilities “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 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. “(b) Notwithstanding subsection (a), a hospital or skilled nursing facility of the Indian Health Service which does not meet all of the conditions and requirements of this title which are applicable generally to hospitals or skilled nursing facilities (as the case may be), 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. “(c) Notwithstanding any other provision of this title, payments to 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 section 701 of the Indian Health Care Improvement Act shall include (along with the matters specified in section 403 of such Act) a detailed 90 STAT. 1409statement 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 by such 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 hereunder shall not be considered in determining appropriations for health care and services to Indians. (d) Nothing herein authorizes the Secretary to provide services to an Indian beneficiary with coverage under title XV111 of the Social Security Act, as amended, in preference to an Indian beneficiary without such coverage.