establishment of the indian health service as an agency of the public health service

establishment of the indian health service as an agency of the public health service Sec. 601. (a) Title VI (25 U.S.C. 1661) is amended to read as follows: “TITLE VI—ORGANIZATIONAL IMPROVEMENTS “establishment of the indian health service as an agency of the public health service “Sec. 601. (a) In order to more effectively and efficiently carry out the responsibilities, authorities, and functions of the United States to provide health care services to Indians and Indian tribes, as are or may be hereafter provided by Federal statute or treaties, there is established within the Public Health Service of the Department of Health and Human Services the Indian Health Service. The Indian Health Service shall be administered by a Director, who shall be appointed by the Secretary. The Director of the Indian Health Service shall report to the Secretary through the Assistant Secretary for Health of the Department of Health and Human Services. “(b) The Indian Health Service shall be an agency within the Public Health Service of the Department of Health and Human Services, and shall not be an office, component, or unit of any other agency of the Department. “(c) The Secretary shall carry out through the Director of the Indian Health Service— 102 STAT. 4825 “(1) all functions which were, on the day before the date of enactment of the Indian Health Care Amendments of 1988, carried out by or under the direction of the individual serving as Director of the Indian Health Service on such day; “(2) all functions of the Secretary relating to the maintenance and operation of hospital and health facilities for Indians and the planning for, and provision and utilization of, health services for Indians; and “(3) all health programs under which health care is provided to Indians based upon their status as Indians which are administered by the Secretary, including (but not limited to) programs under— “(A) this Act; “(B) the Act of November 2, 1921 (25 U.S.C. 13); “(C) the Act of August 5, 1954 (42 U.S.C. 2001, et seq.); “(D) the Act of August 16, 1957 (25 U.S.C. 2005, et seq.); and “(E) the Indian Self-Determination Act (25 U.S.C. 450f, et seq.). “(d)(1) The Secretary, acting through the Director of the Indian Health Service, shall have the authority— “(A) except to the extent provided in paragraph (2), to appoint and compensate employees for the Service in accordance with title 5, United States Code; “(B) to enter into contracts for the procurement of goods and services to carry out the functions of the Service; and “(C) to manage, expend, and obligate all funds appropriate for the Service. “(2) Notwithstanding any other law, the provisions of section 12 of the Act of June 18, 1934 (48 Stat 986; 25 U.S.C. 472), shall apply to all personnel actions taken with respect to new positions created within the Service as a result of its establishment under subsection (a). “automated management information system “Sec. 602. (a)(1) The Secretary shall establish an automated management information system for the Service. “(2) The information system established under paragraph (1) shall include— “(A) a financial management system, “(B) a patient care information system for each area served by the Service, “(C) a privacy component that protects the privacy of patient information held by, or on behalf of, the Service, and “(D) a services-based cost accounting component that provides estimates of the costs associated with the provision of specific medical treatments or services in each area office of the Service. “(3) By no later than September 30, 1989, the Secretary shall submit a report to Congress setting forth— “(A) the activities which have been undertaken to establish an automated management information system, “(B) the activities, if any, which remain to be undertaken to complete the implementation of an automated management information system, and 102 STAT. 4826 “(C) the amount of funds which will be needed to complete the implementation of a management information system in the succeeding fiscal years. “(b)(1) The Secretary shall provide each Indian tribe and tribal organization that provides health services under a contract entered into with the Service under the Indian Self-Determination Act automated management information systems which— “(A) meet the management information needs of such Indian tribe or tribal organization with respect to the treatment by the Indian tribe or tribal organization of patients of the Service, and “(B) meet the management information needs of the Service. “(2) The Secretary shall reimburse each Indian tribe or tribal organization for the part of the cost of the operation of a system provided under paragraph (1) which is attributable to the treatment by such Indian tribe or tribal organization of patients of the Service. “(3) The Secretary shall provide systems under paragraph (1) to Indian tribes and tribal organizations providing health services in California by no later than September 30, 1990. “(c) Notwithstanding any other provision of law, each patient shall have reasonable access to the medical or health records of such patient which are held by, or on behalf of, the Service.”. (b) All personnel, records, equipment, facilities, and interests in property that are administered by the Indian Health Service on the day before the date on which the amendments made by this section take effect shall be transferred to the Indian Health Service established by the amendment made by subsection (a) of this section. All transfers must be accomplished within 9 months of the date of enactment of this section. The Secretary is authorized to waive the Indian preference laws on a case-by-case basis for temporary transfers involved in implementing this section during such 9-month period. (c)(1) Except as provided in paragraph (2), section 601 of the Indian Health Care Improvement Act added by subsection (a) of this section shall take effect 9 months from the date of the enactment of this section. (2) Notwithstanding subsections (b) and (c)(1), any action which carries out such section 601 that is taken by the Secretary before the effective date of such section 601 shall be effective beginning on the date such action was taken. (d) Section 5316 of title 5, United States Code, is amended by adding at the end thereof the following: “Director, Indian Health Service, Department of Health and Human Services.”.