S 699

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IN THE SENATE OF THE UNITED STATES

February 24, 2025

Mr. Rounds (for himself, Ms. Cantwell, Mr. Thune, and Mrs. Murray) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs

A BILL

To amend the Indian Health Care Improvement Act to address liability for payment of charges or costs associated with the provision of purchased/referred care services, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the “Purchased and Referred Care Improvement Act of 2025”.

SEC. 2. CHANGES TO LIABILITY FOR PAYMENT.

(a) In General.—Section 222 of the Indian Health Care Improvement Act (25 U.S.C. 1621u) is amended—

(1) in subsection (a)—

(A) by striking “A patient who receives contract health care services” and inserting “Notwithstanding any other provision of law or any agreement, form, or other written or electronic document signed by a patient, a patient who receives purchased/referred care”; and

(B) by striking “such services” and inserting “the purchased/referred care”;

(2) by striking subsection (b) and inserting the following:

“(b) Notification.—The Secretary shall notify a purchased/ referred care provider and any patient who receives purchased/referred care authorized by the Service that, notwithstanding any other provision of law or any agreement, form, or other written or electronic document signed by the patient, the patient is not liable to any provider, debt collector, or any other person for the payment of any charges or costs associated with the provision of the purchased/ referred care not later than 5 business days after receipt of a notification of a claim by a provider of the purchased/referred care.”;

(3) in subsection (c)—

(A) by inserting “, debt collector, or any other person, as applicable,” after “the provider”; and

(B) by striking “the services” and inserting “the purchased/referred care”; and

(4) by adding at the end the following:

“(d) Reimbursement.—

“(1) Establishment of procedures.—

“(A) In general.—Not later than 120 days after the date of enactment of the Purchased and Referred Care Improvement Act of 2025, in consultation with Indian tribes, and except as provided in paragraph (2), the Secretary shall establish and implement procedures to allow a patient that paid out-of-pocket for purchased/referred care authorized by the Service under this Act to be reimbursed by the Service for that payment not later than 30 days after the date on which the patient submits documentation to the Service in accordance with subparagraph (B).

“(B) Submitting documentation.—The Secretary shall accept documentation from a patient seeking reimbursement under paragraph (1) that was submitted—

“(i) electronically; or

“(ii) in-person at a Service facility.

“(2) Limitation.—Paragraph (1) shall not apply to purchased/referred care furnished under a purchased/referred care services program operated by an Indian tribe under a contract or compact entered into under the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5301 et seq.) unless expressly agreed to by the Indian tribe.

“(e) Updating Authorities.—Not later than 180 days after the date of enactment of the Purchased and Referred Care Improvement Act of 2025, the Secretary, in consultation with Indian tribes, shall update applicable provisions of and exhibits to the Indian Health Manual, contracts with providers, and other relevant documents and administrative authorities to incorporate the provisions of this section.”.

(b) Application.—The amendments made by subsection (a) shall apply to purchased/referred care (as defined in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603)) authorized by the Indian Health Service furnished on, before, or after the date of enactment of this Act.

SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS.

(a) Definitions.—Section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603) is amended—

(1) by striking paragraph (5);

(2) by redesignating paragraphs (6) through (15) as paragraph (5) through (14), respectively;

(3) in paragraph (12) (as so redesignated), in the matter preceding subparagraph (A), by striking “, as defined in subsection (d) hereof,”;

(4) by inserting after paragraph (14) (as so redesignated) the following:

“(15) Purchased/referred care.—The term ‘purchased/ referred care’ means any health service that is—

“(A) delivered based on a referral by, or at the expense of, an Indian health program; and

“(B) provided by a public or private medical provider or hospital that is not a provider or hospital of the Indian health program.”;

(5) in paragraph (25), by striking “(25 U.S.C. 450 et seq.)” and inserting “(25 U.S.C. 5301 et seq.)”;

(6) in paragraph (26), by striking “(25 U.S.C. 450b)” and inserting “(25 U.S.C. 5304)”; and

(7) in paragraph (28)—

(A) by striking “, as defined in subsection (g) hereof,”; and

(B) by striking “subsection (c)(1) through (4) of this section” and inserting “subparagraphs (A) through (D) of paragraph (12)”.

(b) Technical and Conforming Amendments.—

(1) The Indian Health Care Improvement Act (25 U.S.C. 1601 et seq.) is amended—

(A) by striking “contract health service” each place it appears and inserting “purchased/referred care”;

(B) by striking “contract health services” each place it appears and inserting “purchased/referred care”;

(C) by striking “Contract Health Service” each place it appears and inserting “purchased/referred care”;

(D) by striking “Contract Health Services” each place it appears and inserting “purchased/referred care”; and

(E) by striking “contract care” each place it appears and inserting “purchased/referred care”.

(2) Section 211 of the Indian Health Care Improvement Act (25 U.S.C. 1621j) is amended by striking the section heading and designation and all that follows through “(a) The Secretary” and inserting the following:

“SEC. 211. CALIFORNIA PURCHASED/REFERRED CARE DEMONSTRATION PROGRAM.

“(a) The Secretary”.

(3) Section 219 of the Indian Health Care Improvement Act (25 U.S.C. 1621r) is amended by striking the section heading and designation and all that follows through “(a) The Secretary” and inserting the following:

“SEC. 219. PURCHASED/REFERRED CARE PAYMENT STUDY.

“(a) The Secretary”.

(4) Section 226 of the Indian Health Care Improvement Act (25 U.S.C. 1621y) is amended, in the section heading, by striking “contract health service” and inserting “purchased/ referred care”.

(5) Section 406 of the Indian Health Care Improvement Act (25 U.S.C. 1646) is amended by striking the section heading and designation and all that follows through “With respect” and inserting the following:

“SEC. 406. AUTHORIZATION FOR EMERGENCY PURCHASED/REFERRED CARE.

“With respect”.

(6) Section 506(f) of the Indian Health Care Improvement Act (25 U.S.C. 1656(f)) is amended by striking “, as defined in section 4(f) of this Act,”.

(7) Section 704(b) of the Indian Health Care Improvement Act (25 U.S.C. 1665c(b)) is amended, in the subsection heading, by striking “Contract Health Services” and inserting “Purchased/referred Care”.

(8) Section 808 of the Indian Health Care Improvement Act (25 U.S.C. 1678) is amended, in the section heading, by striking “contract health service” and inserting “purchased/ referred care”.

(9) Section 808A of the Indian Health Care Improvement Act (25 U.S.C. 1678a) is amended, in the section heading, by striking “contract health service” and inserting “purchased/ referred care”.

(10) Section 810 of the Indian Health Care Improvement Act (25 U.S.C. 1680) is amended by striking the section heading and designation and all that follows through “The State” and inserting the following:

“SEC. 810. CALIFORNIA AS A PURCHASED/REFERRED CARE DELIVERY AREA.

“The State”.

(11) Section 815 of the Indian Health Care Improvement Act (25 U.S.C. 1680e) is amended by striking the section heading and designation and all that follows through “(a) The Secretary” and inserting the following:

“SEC. 815. PURCHASED/REFERRED CARE FOR THE TRENTON SERVICE AREA.

“(a) The Secretary”.

(12) Section 830(b) of the Indian Health Care Improvement Act (25 U.S.C. 1680t(b)) is amended, in the subsection heading, by striking “Contract Health Services” and inserting “Purchased/referred Care”.

(13) Section 506A(a) of the Public Health Service Act (42 U.S.C. 290aa-5a(a)) is amended—

(A) in paragraph (2), by striking “Tribal health program” the second place it appears and inserting “tribal health program”; and

(B) in paragraph (3)—

(i) by striking “health program administered by the Service” and inserting “health program administered directly by the Service”; and

(ii) by striking “section 4(12)(A) of the Indian Health Care Improvement Act” and inserting “paragraph (11)(A) of section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603)”.

(c) Updating Authorities.—The Secretary of Health and Human Services is directed to ensure that the Indian Health Manual and all other relevant rules, guidance, manuals, and other materials are revised such that “contract health service” each place it appears (regardless of casing and typeface and including in the headings) is revised to read “purchased/referred care” (with appropriate casing and typeface). <all>