SENATE MEMORIAL 67

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

John Pinto

A MEMORIAL

REQUESTING THAT THE UNITED STATES CONGRESS KEEP THE INDIAN HEALTH CARE IMPROVEMENT ACT INTACT.

     WHEREAS, the federal Indian Health Care Improvement Act was made permanent on March 23, 2010 as part of the federal Patient Protection and Affordable Care Act; and

     WHEREAS, the Indian Health Care Improvement Act constitutes the cornerstone legal authority for the provision of health care to American Indians and Alaska Natives; and

     WHEREAS, the Indian Health Care Improvement Act is critical to modernizing and improving the health care provided to American Indians and Alaska Natives; and

     WHEREAS, the Indian Health Care Improvement Act is a key component of the federal government's trust responsibility and honors the obligations of the United States' government-to-government relationship with American Indian tribes, including the promise of adequate health care; and

     WHEREAS, key components of the Indian Health Care Improvement Act include major changes and improvements to facilitate the delivery of health care services; and

     WHEREAS, now, the Indian Health Care Improvement Act provides authorization for hospice, assisted living, long-term care and home- and community-based care; and

     WHEREAS, the Indian Health Care Improvement Act extends the ability to recover costs from third parties to tribally operated facilities and updates current law regarding collection of reimbursements from medicare, medicaid and the children's health insurance program by Indian health facilities; and

     WHEREAS, the Indian Health Care Improvement Act authorizes the Indian health service to enter into arrangements with the United States department of veterans affairs and department of defense to share medical facilities and services; and

     WHEREAS, the Indian Health Care Improvement Act allows for the establishment of a community health representative program for urban Indian organizations to train and employ American Indians to provide health care services; and

     WHEREAS, the Indian Health Care Improvement Act directs the Indian health service to establish comprehensive behavioral health, prevention and treatment programs for American Indians; and

     WHEREAS, the Indian health service provides a comprehensive health service delivery system for approximately one million nine hundred thousand of the Unites States' estimated three million three hundred thousand American Indians and Alaska Natives; and

     WHEREAS, provisions exist within the Patient Protection and Affordable Care Act that are separate from the Indian Health Care Improvement Act that help to ensure that the Indian health delivery system remains viable; and

     WHEREAS, Section 2901 of the Patient Protection and Affordable Care Act states that any Indian health service, tribal or urban Indian health system be the payer of last resort for services provided, notwithstanding any federal, state or local law to the contrary; and

     WHEREAS, Section 2902 of the Patient Protection and Affordable Care Act grants Indian health service, tribal or urban Indian health providers with the permanent authority to collect reimbursements for all medicare Part B services; and

     WHEREAS, Section 9021 of the Patient Protection and Affordable Care Act ensures that any health benefits provided by a tribe to its members are not included as taxable income; and

     WHEREAS, under current law, the federal government reimburses the states for one hundred percent of the cost of providing medicaid services to American Indians and Alaska Natives;

     NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF NEW MEXICO that the New Mexico congressional delegation be urged to keep the federal Indian Health Care Improvement Act intact; and

     BE IT FURTHER RESOLVED that the senate of the state of New Mexico call upon the United States congress to protect Sections 2901, 2902 and 9021 of the Patient Protection and Affordable Care Act and urge the New Mexico congressional delegation to support measures to protect Sections 2901, 2902 and 9021 of the Patient Protection and Affordable Care Act; and

     BE IT FURTHER RESOLVED that the senate of the state of New Mexico call upon the United States congress to ensure that any plan to change the manner in which state medicaid costs are reimbursed by the federal government include a carve-out for services provided to American Indians and Alaska Natives so that the federal government obligation is not shifted to the states and that the New Mexico congressional delegation be urged to support such a carve-out; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the New Mexico congressional delegation, the interim legislative health and human services committee and any other appropriate interim committee.

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