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Health Care Legislation - S. 522 (1)
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Health Care Legislation - S. 522 (1)
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The original documents are located in Box 2, folder "Health Care Legislation - S. 522 (1)" of the Bradley H. Patterson Files at the Gerald R. Ford Presidential Library. Copyright Notice The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. Gerald Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections. Works prepared by U.S. Government employees as part of their official duties are in the public domain. The copyrights to materials written by other individuals or organizations are presumed to remain with them. If you think any of the information displayed in the PDF is subject to a valid copyright claim, please contact the Gerald R. Ford Presidential Library. Digitized from Box 2 of the Bradley H. Patterson Files at the Gerald R. Ford Presidential Library PRESIDENT HESE THE SEATES 8 EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET DATE: 4/9/74 TO: mr. Patterson FROM: Vim Stimpson (X 3736) Per your request 9 any pending a copy of the HEV testimony on 5.2938 as revised and approved by our program divisions. learning Will (les value) Street of questions. OMB FORM 38 REV AUG 73 Mr. Chairman, I 010 pleased to have this opportunity Lo appear before you today to discuss S. 2938, the Indian Health Care Improvement Act. This bill provide% specific authorizations for Indian Health manpower, Health Services, Health Facilities construction and renovation, Access to Health Services for reservation Indians, Access to Health Services for Urban Indians and a requirement for the Secretary to report to the President and the Congress on progress made in effecting the purposes of the Act. This Administration is committed to a program of Indian Self Determination, to expanded efforts to train Indians for health careers, and to a strength- ened Federal effort to advance the health of these first Americans. These commitments were related to the Congress in the President's Special Indian Message of July 8, 1970. an important part of the for This Department has the central responsibility the translating this policy into programs particularly in the area of health. We are seeking to advance the health status of these Americans in a variety of ways. FORD LIBRARY & GERALD Health Care Options First, Indian people and Alaska Natives, as American citizens, may partici- pate in the health programs administered by the Department on the same basis as any other citizen. We are attempting to assure that they are aware of the broad health benefits offered through these programs, particu- larly the benefits under Medicaid and Medicare. These programs represent a significant health resource for the Indian people and we are attempting to ensure that the Indian population take advantage of these benefits to the extent possible. -2- Two months ago, the Administration sent to Congress the Comprehensive Health Insurance Act (chip). CHIP will make catastrophic comprehensive health insurance available to Indians and Alaska Natives without in any way diminishing or affecting the health care now being provided Indian people through the Indian Health Service (IIIS). Thus this proposal should be considered as a supplement to presently available health services. As with any other American, the status of Indians and Alaska Natives under CHIP will be determined by the choice or circumstance of the individual. Those who are full-time employees will have the choice of enrolling under the Employee Health Insurance Plan (EHIP), or if it is economically advantageous, in the Assisted Health Insurance Plan (AHIP), which will require less in cost sharing charges. Of course, those who are 65 OF older eligible to receive Medicare will have the option of enrolling in the Medi- care plan which also will have reduced cost sharing charges. We recognize that because of the geographical isolation of many Alaska Natives and Indians and the cost sharing charges under CHIP, their choice will in fact often be limited to the IHS facilities in their vicinity. How-- ever, for those within commuting distance of private facilities and practi- tioners, the EHIP, AHIP and Medicare plans under CHIP will provide an alternative to the IHS facilities. Indians and Alaska Natives who elect to enroll in any of the three plans under CHIP will receive a healthcard which will be honored for services at virtually all non-Federal health facilities and by virtually all private practitioners. They will also be subject to the same cost sharing and premiums as all other enrollees under the plans. -3-- In addition to these other health resources being available to Indians and Alaska Natives, the Indian Health Service budget to provide health care services has grown from million in 1968 to $200.0 200 million in 1974. 9 281 The President S budget for 1975 requests a further increase to $226.0 million. These increases are significant because they bring real benefits in terms of people served. They will help us meet the rapidly growing demand for health services on the part of the Indian people- a demand that is growing because of their increasing confidence in modern health practices, based on positive experiences. For example, Indian Health Service facilities expect to receive an additional 100, 000 outpatient visits in 1974, and another 100,000 in 1975, over and above the 2.3 million visits experienced in 1973. this expected increase of funds will enable us to cut into the huge backlog of united needs for surgery and other kinds of care which built up In past decades Good health facilities are crucial to the delivery of high-quality health services to Indians. The fiscal year 1974 and 1975 Indian Health Service budgets recognize this and provide for further orderly and realistic progress in the necessarily long-range effort to replace or remodel outmoded Indian Health Service hospitals and other facilities, and to upgrade others. The FY 1974 construction program contained funds for replacing the old and obsolete health facilities at Zuni, New Mexico; Owyhee, Nevada and Choctaw, Mississippi. A replacement hospital at Tuba City, Arizona will be completed in fiscal year 1975. Funds are also available to plan a replacement Denn files RIA trying to -lin plene ont this school, A new hailli bacility Keep to Keeping health facility at Bethel, Alaska, and planning funds for the [new Chemawa, Oregon School Health Center are also contained in FY 1974's construction program. The FY 1975 President's budget would provide construction funds for the replacement health facility at Claremore, Oklahoma, and to replace the school health center at Riverside, California. Funds to construct a C small addition to the existing health center at Tohatchi, New Mexico and to construct 207 units of housing at Tuba City, Arizona are also contained in the FY 1975 program. The fiscal years 1974 and 1975 budgets also will provide for meaningful inroads against the problems inherent in the rigorous environment which characterize Indian country, and which contribute to disease, suffering and premature death. Fiscal year 1974 funds of $36.2 million will enable us to provide sanitation facilities construction, including water and waste disposal systems, for an additional 8,500 new and improved homes, and FORD LIBRARY & GERALD approximately 3,500 existing homes during that year. An additional 8,000 new and improved homes, and an additional 4,900 existing homes will be so served through the fiscal year 1975 budget of $40.5 million. These budgets and numbers of homes served stand out in sharp contrast to the fiscal year 1968 when the budget was $10.5 million and the number of homes served was only 7,350. In addition to the health care provided by the Indian Health Service in its own facilities and through contract health care, other Public Health Service agencies are contributing more than $11 million in 1975 for a broad range of services. I believe the FY 1975 budget demonstrates our commitment to better Indian health care and represents real progress toward our mutual goal. -5- Measures of Success of Present Programs Econtining The true measure of our Indian health efforts is found in the l health status of the Indian people. The improvment impact has been both profound and enduring. It can be illustrated by the dramatic reduction of Indian death rates between 1955 and 1972. The infant death rate has declined 67 percent; the tubercu- losis rate is down 85 percent; the gastritis and related diseases rate has dropped 81 percent; and the rate for influenza and pneumonia is down 58 percent. These figures represent firm evidence that the Administration's decision to place high priority on investing in health services for Indian people has been a wise one, and that the methods it has employed to deliver services FORD have been effective. i LIBRARY GERALD delety Backleg Health Service As this committee is aware, we find ourselves in the situation of having conce a significant unmet need which has developed over past decades. Ne have begun to make inroads into the present backlog of unmet needs and believe that we will be making further substantial progress in reducing this back log especially in view of our increased budgetary requests. For example, in fiscal year 1974 a supplemental budget request of $6.6 million has been made of which $3.4 million is specifically for the purpose of reducing unmet needs. The President's budget for fiscal year 1974 represents an increase of approximately $26 million dollars primarily for medical services. These added funds, if appropriated, will be used to continue the 1974 program, to help overcome unmet medical needs of children and adults -6-- and to provide for mandatory cost increase such as staffing for the Tuba City (Arizona) hospital currently under construction. This we believe is an orderly and realistic approach to the problem sonsistent with available Federal and community resources. S. 2938 proposes to accelerate the process of eliminating the backlog of health service and Dealth facilities needs of the Indian people. This Department is firmly committed to the principle of providing fully adequate health care to these Americans in facilities which permit the delivery NE quality health services and the right of self-determination of Indians and therefore support the intent of this bill. While we endorse the principles of the bill, we are unable to recommend enactment of several provisions and would recommend modifications in other A I would now like to comment specifically on the provisions of S. 2938 by Litle. Title I H Indian Health Manpower Title I of the bill would establish a scholarship program for training qualified Indians in the fields of medicine, optometry, osteopathy, dentistry, pharmacy, podiatry, public health, nursing and allied health professions. the abjective at imcouraging We support the need for special scholarship provisions to enable Indians to enter these health fields. and an a means of ultimately securing the necessary medical manpower to furnish the Indian people with adequate health care The unique relationship of Indians to the Federal Government as expressed in the Constitution, treaties and statutes, the goal of self determination and the lessons of the last two hundred years, nym mandate dorsn't mandate mything like education -7- As the President stated in his July 1970 Indian Message there is a need " to expand our efforts to train Indians for health careers". The Bureau of Indian Affairs in the Department of Interior already conducts a scholarship program that meets the objectives of S. 2938 in this regard. Moreover, the Indian Health Service provides training to health workers such as community health aides and other paraprofessionals. In addition, the Administration has already proposed broad scholarship authority for the health professions in the proposed National Health Service Corps Scholarship Amendments (S. 3290) which would provide scholarships in return for service. We intend to use that authority fully, giving special prefer ence to students from disadvantaged background including Indian students. -8- Part C of title I would provide continuing Education allowances for Indian Health Service physicians to leave their duty stations annually for the purpose of professional consultation and attendance at refresher training courses. The Public Health Service Act already provides ample authority for paying the expenses for physician consultations and training. In addition, the authority of the PHS Act permits the paying of expenses for refresher training and consultations of allied profession health employees of the Service. Accordingly, part C of Title I, is unnecessary and duplicative. We, therefore, oppose the enactment of this part. Title II - Health Services and Title III - Health Facilities & FORD Titles II and III provide authorization levels for health RALD services and health facilities construction. As you know, Mr. Chairman, the Indian Health Service currently does not have any specific authorization levels with respect to its activities. Moreover, in comparison to the levels in the Presidents' budget the proposed authorization levels for these activities are excessive and beyond those determined by the Department to meet the essential health needs of Federally recognized Indians in a responsible and orderly manner. -9- We have taken major steps to expand the health services and facilities for Indians and Alaska Natives over the last several years. We cannot, however, support excessive and unnecessary authorization levels such as provided in these two titles. The planned incremental increased support for expanding Indian health services initiated in the FY 1974 and FY 1975 budgets will increase the participation of these first Americans in their health programs. We firmly resolve to pursue this course of action because we believe it represents the best possible path to the objective we both seek; Indian self-determination. Title IV - Access to Health Services As I have indicated, Indians and Alaskan Natives are already entitled to participate in Medicare and Medicaid and would be entitled to benefit from CHIP on the same basis as other citizens. The Department is taking the necessary steps to assure that this right to participate is in all cases fully recognized and honored. Because of the isolated areas in which they live and other reasons, many Indians and Alaskan Natives only have access to IHS health care facilities. Presently, however, IHS facilities are not eligible to participate under Medicare and Medicaid. The Administration has proposed that free-standing clinics generally be eligible for Medicare and Medicaid reimbursement. Title IV would, provide for Medicare and Medicaid reimbursements for -10- health services provided in IHS facilities. We believe that Indian participation in these health resources is a key consideration in the achievement of the self-determination policy. This policy holds to the principle that Indians will eventually assume total responsibility for the planning and operation of their health care delivery system. As this occurs there should be a proven system in place for obtaining reimburse- ment for the delivery of health services to persons who have established eligibility for such services under the several National and State-operated health resource programs. Since time will be required to prove such a system, we should begin now to work towards this end because some Indian groups have already expressed a desire to assume control of their health delivery system. Consequently, we support Title IV of S. 2938 requiring Medicare and Medicaid reimbursements for services provided to eligible beneficiaries in IHS facilities. We oppose, however, the provision contained in Title IV that would attempt to prohibit consideration of reimbursements in determining appropriation levels. We believe--particularly with the advent of comprehensive health insurance--that the Appropriations Committees of the Congress should be able to consider receipts available to the IHS facilities in determining overall funding requirements. It should be stressed, however, that this provision will in no way interfere with or diminish the health services now provided by IHS. -11- Title V - Access to Health Care for Urban Indians Title V would establish outreach programs in urban areas to make available health services more accessible to the urban Indian population. We oppose a statutory enlargement of Indian Health Service responsibilities to include urban Indians. While the Department has supported such activities on a limited basis through the Native Affairs Program and through the Indian Health Service, we believe that primary reliance for social services for urban Indians, including health services, should be on the existing State and local social services agencies which the & FORD Federal Government already supports. ERALD Therefore, we oppose the concept of a categorical program to fund Indian organizations in urban areas to develop Indian programs to interface with health services in place in these areas. Instead, we intend to work with existing social service agencies to assure that urban Indians are an important outreach target as part of the ongoing activities of those agencies. Title VI - Miscellaneous Title VI, the last title of the bill would establish a report requirement for the Secretary of this Department. We view such a requirement as unnecessary. Our experience has been that appropriations and oversight hearings by the Congress during its regular deliberations on substantive legislation and on appropriation requests are much more effective and informative than lengthy reports. -12- General Titles I, II, III and V of the bill provides for specific appropriation authorizations, adding $1 billion over a five-year period to existing program levels and commitments. We cannot support the excessive authorizations in S. 2938. We favor retaining the open ended appropriation authorization contained in the Snyder Act (25 U.S.C. 13) and Public Law 568 of the 83rd Congress, as amended, the so called Indian Health Service Transfer Act. Conclusion In conclusion, Mr. Chairman, I would like t, stress that we share a common objective of better health care for Indians and wish to assure the Committee that the Department will continue its pursuit of this goal. Just recently, I had the opportunity to visit a number of IHS facilities in Arizona and New Mexico. That trip reinforced my personal conviction that a the Indian people do indeed present both/tremendous challenge and a real achievement with respect to our National capacity to provide high quality health services when and where they are needed. I think we can meet this challenge. Nevertheless, we believe that the Department can accomplish that common objective without legislation such as S. 2938 for the reasons I have stated. Mr. Chairman, that concludes my statement. My colleagues and I would be pleased to try to answer any questions you or members of the Committee may have. REVISED Mr. Chairman, I am pleased to have this opportunity to appear before you today to discuss S. 2938, the Indian Health Care Improvement Act. This bill provides specific authorizations for Indian Health manpower, Health Services, Health Facilities construction and renovation, Access to Health Services for reservation Indians, Access to Health Services for Urban Indians and a requirement for the Secretary to report to the President and the Congress on progress made in effecting the purposes of the Act. This Administration is committed to a program of Indian Self-Determination, to expanded efforts to train Indians for health careers, and to a strength- ened Federal effort to advance the health of these first Americans. These commitments were related to the Congress in the President's Special Indian Message of July 8, 1970. This Department has the central responsibility of translating this policy into programs particularly in the area of health. We are secking to advance the health status of these Americans in a variety of ways. ACRD Health Care Options First, Indian people and Alaska Natives, as American citizens, may partici- pate in the health programs administered by the Department on the same basis as any other citizen. We are attempting to assure that they are aware of the broad health benefits offered through these programs, particu- larly the benefits under Medicaid and Medicare. These programs represent a significant health resource for the Indian people and we are attempting to ensure that the Indian population take advantage of these benefits to the extent possible. --2- Two months ago, the Administration sent to Congress the Comprehensive Health Insurance Act (CHIP). CHIP will make catastrophic comprehensive health insurance available to Indians and Alaska Natives without in any way diminishing or affecting the health care now being provided Indian people through the Indian Health Service (IHS). Thus this proposal should be considered as a supplement to presently available health services. As with any other American, the status of Indians and Alaska Natives under CHIP will be determined by the choice or circumstance of the individual. Those who are full-time employees will have the choice of enrolling under the Employee Health Insurance Plan (EHIP), or if it is economically advantageous, in the Assisted Health Insurance Plan (AHIP), which will require less in cost sharing charges. Of course, those who are 65 or older eligible to receive Medicare will have the option of enrolling in the Medi- care plan which also will have reduced cost sharing charges. We recognize that because of the geographical isolation of many Alaska Natives and Indians and the cost sharing charges under CHIP, their choice will in fact often be limited to the IHS facilities in their vicinity. How- ever, for those within commuting distance of private facilities and practi- tioners, the EHIP, AHIP and Medicare plans under CHIP will provide an alternative to the IHS facilities. Indians and Alaska Natives who elect to enroll in any of the three plans under CHIP will receive a healthcard which will be honored for services at virtually all non-Federal health facilities and by virtually all private practitioners. They will also be subject to the same cost sharing and premiums as all other enrollees under the plans. -3- In addition to these other health resources being available to Indians and Alaska Natives, the Indian Health Service budget to provide health care services has grown from $84.3 million in 1968 to $200.3 million in 1974. The President's budget for 1975 requests a further increase to $226.0 million. These increases are significant because they bring real benefits in terms of people served. They will help us meet the rapidly growing demand for health services on the part of the Indian people--a demand that is growing because of their increasing confidence in modern health practices, based on positive experiences. For example, Indian Health Service facilities expect to receive an additional 100,000 outpatient visits in 1974, and another 100,000 in 1975, over and above the 2.3 million visits experienced in 1973. Also, this expected increase of funds will enable us to cut into the huge backlog of unmet needs--for surgery and other kinds of care--which built up in past decades. Good health facilities are crucial to the delivery of high-quality health services to Indians. The fiscal year 1974 and 1975 Indian Health Service budgets recognize this and provide for further orderly and realistic progress in the necessarily long-range effort to replace or remodel outmoded Indian Health Service hospitals and other facilities, and to upgrade others. The FY 1974 construction program contained funds for replacing the old and obsolete health facilities at Zuni, New Mexico; Owyhee, Nevada and Choctaw, Mississippi. A replacement hospital at Tuba City, Arizona will be completed in fiscal year 1975. Funds are also available to plan a replacement -4- health facility at Dethel, Alaska, and planning funds for the new Chemawa, Oregon School Health Center are also contained in FY 1974's construction program. The FY 1975 President's budget would provide construction funds for the replacement health facility at Claremore, Oklahoma, and to replace the school health center at Riverside, California. Funds to construct a small addition to the existing health center at Tohatchi, New Mexico and to construct 207 units of housing at Tuba City, Arizona are also contained in the FY 1975 program. The fiscal years 1974 and 1975 budgets also will provide for meaningful inroads against the problems inherent in the rigorous environment which characterize Indian country, and which contribute to isease, suffering and premature death. Fiscal year 1974 funds of $36.2 million will enable us to provide sanitation facilities construction, including water and waste disposal systems, for an additional 8,500 new and improved homes, and approximately 3,500 existing homes during that year. An additional 8,000 new and improved homes, and an additional 4,900 existing homes will be so served through the fiscal year 1975 budget of $40.5 million. These budgets and numbers of homes served stand out in sharp contrast to the fiscal year 1968 when the budget was $10.5 million and the number of homes served was only 7,350. In addition to the health care provided by the Indian Health Service in its own facilities and through contract health care, other Public Health Service agencies are contributing more than $11 million in 1975 for a broad range of services. I believe the FY 1975 budget demonstrates our commitment to better Indian health care and represents real progress toward our mutual goal. -5- Measures of Success of Present Programs The true measure of our Indian health efforts is found in the health status of the Indian people. The impact has been both profound and enduring. It can be illustrated by the dramatic reduction of Indian death rates between 1955 and 1972. The infant death rate has declined 67 percent; the tubercu- losis rate is down 85 percent; the gastritis and related diseases rate has dropped 81 percent; and the rate for influenza and pneumonia is down 58 percent. These figures represent firm evidence that the Administration's decision to place high priority on investing in health services for Indian people has been a wise one, and that the methods it has employed to deliver services have been effective. Backlog of Health Service As this committee is aware, we find ourselves in the situation of having a significant unmet need which has developed over past decades. We have begun to make inroads into the present backlog of unmet needs and believe that we will be making further substantial progress in reducing this back- log especially in view of our increased budgetary requests. For example, in fiscal year 1974 a supplemental budget request of $6.6 million has been made of which $3.4 million is specifically for the purpose of reducing unmet needs. The President's budget for fiscal year 1974 represents an increase of approximately $26 million dollars primarily for medical services. These added funds, if appropriated, will be used to continue the 1974 program, to help overcome unmet medical needs of children and adults -6- and to provide for mandatory cost increase such as staffing for the Tuba City (Arizona) hospital, currently under construction. This we believe is an orderly and realistic approach to the problem consistent with available Federal and community resources. S. 2938 proposes to accelerate the process of eliminating the backlog of health service and health facilities needs of the Indian people. This Department is firmly committed to the principle of providing fully adequate health care to these Americans in facilities which permit the delivery of quality health services and the right of self-determination of Indians and therefore support the intent of this bill. While we endorse the principles of the bill, we are unable to recommend enactment of several provisions and would recommend modifications in other sections. I would now like to comment specifically on the provisions of S. 2938 by title. Title I - Indian Health Manpower Title I of the bill would establish a scholarship program for training qualified Indians in the fields of medicine, optometry, osteopathy, dentistry, pharmacy, podiatry, public health, nursing and allied health professions. We support the need for special scholarship provisions to enable Indians to enter these health fields and as a means of ultimately securing the necessary medical manpower to furnish the Indian people with adequate health care. The unique relationship of Indians to the Federal Government as expressed in the Constitution, treaties and statutes, the goal of self- determination and the lessons of the last two hundred years, mandate -7- particularized legislation in this regard. As the President stated in his July 1970 Indian Message there is a need If to expand our efforts to train Indians for health careers". We therefore support this aspect of the legislation in principle. We do, however, wish to point out that the Adminis- tration is now in the final stages of developing an overall health manpower program. In this regard, we believe that the legislation under consideration today should be consistent with our forthcoming manpower legislation and would like to work with the committee toward achieving compatibility between this bill and the Administration proposal. Because the Administration's program will give sufficient priority to pro- viding service to the Indian populations, we therefor believe it is unnecessary under this bill to provide for scholarships for persons other than Indians and Alaskan Natives. We also would recommend that the penalty provision for default on an obligation be significantly strengthened in order for the bill to be more effective in achieving the goal of service to Indians by Indians. Further we would recommend that the preparatory scholarships be recast as preadmission scholarships to more accurately reflect what we believe is the intent of this provision. This section should be available to those Indians and Alaskan Natives who have demonstrated that they have the aptitude to successfully gain admission for graduate study in schools of medicine, dentistry and osteopathy. The scholarship provision should thus be specifically directed toward assistance in gaining this type of graduate level training. -8- Part C of title I addresses the need for physicians to leave their duty stations annually for the purpose of professional consultation and attend- ance at refresher training courses. The rapid expansion of knowledge brought about by new discoveries in the health sciences makes such consult- ation and training mandatory if this knowledge is to be used for the benefit of patients. The Public Health Service Act, one of the legislative author- ities under which the Indian Health Service operates, contains ample authority for paying the expenses for physician consultations and training. In addi- tion, the authority of the PHS Act permits the paying of expenses for refresher training and consultations of allied profession health employees of the Service. Accordingly, we feel that part C of Title i is directed more toward the solving of a budget and management problem than the provision of new authority. We, therefore, oppose the enactment of this part. Title II - Health Services and Title III - Health Facilities Titles II and III set out a program with respect to Health Services and Health Facilities. These two titles address the budgetary need to eliminate the backlog of health services, the need for modern facilities for health care and the need for safe domestic water supplies and sanitary waste treat- ment facilities for Indian homes and communities. Authorizations are pro- vided each section and part of these proposed titles. Neither of these titles provide additional authority to eliminate the backlogs of need for services and facilities. If appropriations are not made con- sistent with the proposed funding authorizations, the result would be a rais- ing of expectations of the Indian people beyond that which would be realized. -9- As you know, Mr. Chairman, our Nation is confronted with a great number of critical priority needs. We in the Administration and you in the Congress must address each of these crucial needs with reasoned, responsible actions. While we agree that the health service and facility needs of the Indian people are of great importance, I think that you would also agree that other needs of our Nation may be of equal or greater significance. While we are committed to strengthened Federal effort to expand the health services for Indians and Alaska Natives, we cannot support an accelerated program such as provided in these two titles. The planned incremental increased support for expanding Indian health services initiated in the FY 1974 and FY 1975 budgets will increase the participation of these first Americans in their health programs. We firmly resolve to pursue this course of action because we believe it represents the best possible path to the objective we both seek; Indian self-determination. EERALD FORD Title IV - Access to Health Services As I have indicated, Indians and Alaskan Natives are entitled to participate in Medicare and Medicaid on the same basis as other citizens. And the Depart- ment is taking the necessary steps to assure that this right to participate is in all cases fully recognized and honored. Because of the isolated areas in which they live and other reasons, many Indians and Alaskan Natives only have access to IHS health care facilities. Presently, however, IHS facilities are not eligible to participate under Medi- care and Medicaid. This title, however, provides for the direct participation of Medicare and Medicaid in meeting the health care needs of those people who only have access to IHS facilities. We believe that Indian participation in -10- these health resources is a key consideration in the achievement of the Self-determination Policy. This policy holds to the principle that Indians will eventually assume total responsibility for the planning and operation of their health care delivery system. As this occurs there should be a proven system in place for obtaining reimbursement for the delivery of health services to persons who have established eligibility for such ser- vices under the several National and State-operated health resource programs. Since time will be required to prove such a system, we should begin now to work towards this end because some Indian groups have already expressed a desire to assume control of their health delivery system. Consequently, we endorse the concept embodied in this title. It should be stressed, however, that this provision will in no way interfere with or diminish the R. FORD health services now provided by IHS. GERALD Title V - Access to Health Care for Urban Indians This title proposes to establish outreach programs in urban areas to make available health services more accessible to the urban Indian population. The statutes under which we now operate provide ample authority for IHS to assist in the development of outreach programs for Indians in urban areas. In fact, we have to date provided developmental funds to Indian organiza- tions in four urban areas for this purpose. This effort will be expanded this year so that we will be providing this assistance in a total of 9 or 10 urban centers. Therefore, we strongly support the concept of aiding Indian organizations in urban areas to develop Indian programs to interface with health services in place in these areas. Title V, however, would simply duplicate existing authority and is therefore unnecessary. -11- Title VI - Miscellaneous Title VI, the last title of the bill would establish a report requirement for the Secretary of this Department. We view such a requirement as appro- priate and one which could be valuable to the Congress during its delibera- tions on substantive legislation as well as on appropriation requests. General Titles I, II, III and V of the bill provide for specific appropriation authorizations. The authorizations provided in S. 2938 would limit the existing authorities both in terms of amounts and time. Therefore, we would recommend amending the bill to delete the authorizations in favor of clearly retaining the open ended appropriation authorization contained in the Snyder Act (25 U.S.C. 13) and Public Law 568 of the 83rd Congress, as amended, the so called Indian Health Service Transfer Act. Conclusion In conclusion, Mr. Chairman, I would like to stress that we share a common objective of better health care for Indians and wish to assure the Committee that the Department will continue its pursuit of this goal. Just recently, I had the opportunity to visit a number of IIIS facilities in Arizona and New Mexico. That trip reinforced my personal conviction that the Indian people do indeed present a tremendous challenge to our National capacity to provide high quality health service when and where they are needed. I think we can meet this challenge. -12- I know of this Committee's similar convictions and I would like to emphasize that I stand ready to work as closely as possible with the Committee in improving health care for Indian people. Although the Department does not totally support S. 2938, I wholeheartedly endorse the objective sought by the bill and applaud the motivation behind it. I certainly look forward to working with this Committee on this very urgent matter. Mr. Chairman, that concludes my statement. My colleagues and I would be pleased to try to answer any questions you or members of the Committee may have. 93D CONGRESS 2D SESSION S. 2938 IN THE SENATE OF THE UNITED STATES FEBRUARY 1, 1974 Mr. JACKSON (for himself, Mr. BARTLETT, Mr. FANNIN, Mr. HASKELL, and Mr. METCALF) introduced the following bill; which was read twice and referred to the Committee on Interior and Insular Affairs A BILL To implement the Federal responsibility for the care and educa- tion of the Indian people by improving the services and facilities of Federal Indian health programs and encouraging FORD & LIBRARY GRAVED maximum participation of Indians in such programs, and for other purposes. 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 That this Act may be cited as the "Indian Health Care 4 Improvement Act". 5 FINDINGS 6 SEC. 2. The Congress finds that- 7 (a) Federal Indian health services to maintain and im- 8 prove the health of the Indians are consonant with and re- II 2 3 1 quired by the Federal Government's historical and unique 1 (1) inadequate, outdated, inefficient, and under- 2 legal relationship with, and resulting responsibility to, the 2 manned facilities. For example, only twenty-one of fifty- 3 America Indian people. 3 one Indian Health Service hospitals are accredited; only 4 (b) A major national goal of the United States is to 4 twelve meet national fire and safety codes; and fifty- 5 provide the quantity and quality of health services which 5 seven areas with Indian populations have been identified 6 will permit the health status of Indians to be raised to the 6 as requiring either new or replacement health centers 7 highest possible level and to encourage the maximum par- 7 and stations, or clinics remodeled for improved or addi- 8 ticipation of Indians in the planning and management of 8 tional service; 9 those services. 9 (2) shortage of personnel. For example, about two- 10 (c) Federal health services to Indians have resulted in 10 thirds of the Service hospitals, four-fifths of Service hos- 11 a reduced prevalence and incidence of preventable illnesses 11 pital outpatient clinics, and one-half of the Service health 12 and unnecessary and premature deaths among Indians. 12 clinics meet only 80 per centum of staffing standards 13 (d) Despite such services, the unmet health needs of 13 for their respective services; 14 the American Indian people are severe and the health 14 (3) insufficient services in such areas as laboratory, 15 status of Indians is far below that of the general population 15 hospital inpatient and outpatient, eye care and mental 16 of the United States. Illustratively, for Indians compared to 16 health services, and services available through contracts 17 all Americans in 1971, the tuberculosis death rate was over 17 with private physicians, clinics, and agencies. For ex- 18 four and one-half times greater, the influenza and pneumonia 18 ample, about 82 per centum of the surgical operations 19 death rate over one and one-half times greater, and the 19 needed for otitis medai are unperformed, over 57 per 20 infant death rate about 20 per centum greater. 20 centum of required dental services have not been pro- 21 (e) All other Federal services and programs in fulfill- 21 vided, and about 98 per centum of the need for hearing 22 ment of the Federal responsibility to Indians are jeopardized 22 aids is unmet; 23 by the low health status of the American Indian people. 23 (4) related support factors. For example, over seven 24 (f) Further improvement in Indian health is imperiled 24 hundred housing units are needed for staff at remote 25 by- 25 Service facilities; 5 4 1 (5) lack of access of Indians to health services due 1 (a) "Indian", unless otherwise designated, means a 2 to remote residences, undeveloped or underdeveloped 2 person who is a member of an Indian tribe. 3 communication and transportation systems, and difficult, 3 (b) "Indian tribe" means any Indian tribe, band, na- 4 sometimes severe, climatic conditions; and 4 tion, or other. organized group or community, including any 5 (6) lack of safe water and sanitary waste disposal 5 Alaska Native community as defined in the Alaska Native 6 services. For example, over forty thousand existing, and 6 Claims Settlement Aot (85 Stat. 688), which is recognized sixty-two thousand planned replacement and renovated, 7 as eligible for the special programs and services provided 7 Indian housing units need new or upgraded water and 8 by the United States to Indians because of their status as 8 sanitation facilities. 9 Indians. 9 (g) The Indian people's growing confidence in Federal 10 (c) "Secretary", unless otherwise designated, means the 10 11 Indian health services is revealed by their, increasingly heavy 11 Secretary of Health, Education, and Welfare. 12 use of such services. Progress toward the goal of better In- 12 (d) "Service", unless otherwise designated, means the 13 dian health is dependent on this continued growth of con- 13 Indian Health Service. 14 TITLE I-INDIAN HEALTH MANPOWER 14 fidence. Both such progress and such confidence are de- 15 pendent on improved Federal Indian health services. 15 SEC. 101. The purpose of this title is to augment the DECLARATION OF POLICY 16 inadequate number of health professionals serving Indians 16 17 SEC. 3. The Congress hereby declares that it is the 17 and remove the multiple barriers to the entrance of health 18 policy of this Nation, in fulfillment of its special responsi- 18 professionals into the Service and private practice among 19 bilities and legal obligation to the American Indian people, 19 Indians. 20 to meet the national goal of providing the highest possible 20 PART A-HEALTH PROFESSIONS SCHOLARSHIP 21 PROGRAM 21 health status to Indians and to provide existing Indian 22 health services with all resources necessary to effect that 22 SEC. 102. (a) The Secretary shall, in accordance with 23 policy. 23 the provisions of this title, make scholarship grants to indi- 24 DEFINITIONS 24 viduals (i) who are enrolled in medical schools; schools of 25 SEC. 4. For purposes of this Act- 25 optometry, osteopathy, dentistry, pharmacy, podiatry, pub- 6 7 1 lic health, or nursing; or schools licensed by a State to train 1 ment of the condition for scholarship assistance provided 2 persons in the allied health professions and (ii) who agree 2 in paragraph 1, and 3 to provide their professional services to Indians after com- 3 (B) the reasonable period of time said condition 4 pletion of their professional training. 4 must be complied with by such individual. 5 (b) (1) The Secretary shall, in awarding scholarship 5 (3) If any individual to whom the condition referred 6 grants under this part, accord priority to applicants as fol- 6 to in paragraph (1) is applicable fails, within the period 7 lows- 7 prescribed pursuant to regulations under paragraph (2), to 8 (A) first, to any qualified applicant who is a mem- 8 comply with such condition for the full period, the United 9 ber of an Indian tribe and resides on an Indian reser- 9 States shall be entitled to recover from such individual an 10 vation; 10 amount equal to the amount produced by multiplying- 11 (B) second, to any qualified applicant who is a 11 (A) the aggregate of (i) the amounts of the 12 member of an Indian tribe and resides in a place other 12 scholarship grant or grants (as the case may be) made 13 than an Indian reservation; 13 to such individual under this part, and (ii) the sums of 14 (C) third, to any other qualified applicant. 14 the interest which would be payable on each such schol- 15 (2) Scholarship grants under this title shall be made 15 arship grant if, at the time such grant was made, such 16 with respect to academic years. 16 grant were a loan bearing interest at a rate fixed by the 17 GERALD FORD LIBRAN (c) (1) Any scholarship grant awarded to any indi- 17 Secretary of the Treasury, after taking into consideration 18 vidual under this title shall be awarded under the condition 18 private consumer rates of interest prevailing at the time 19 that such individual will, after the completion of his profes- 19 such grant was made, and if the interest on each such 20 sional training, provide his professional services to Indians. 20 grant had been compounded annually, by 21 (2) The Secretary shall prescribe by regulations 21 (B) a fraction the numerator of which is the num- 22 (A) the criteria for determining when an individual 22 ber obtained by subtracting from the number of months 23 is providing professional services to Indians in fulfill- 23 to which such condition is applicable a number equal 24 to one-half of the number of months with respect to 8 9 1 which compliance by such individual with such condi- 1 SEC. 103. The Secretary may enter into agreements with 2 tion was made, and the denominator of which is a num- 2 any schools referred to in section 102 (a), hospitals, or appro- 3 ber equal to the number of months with respect to 3 priate public or private agencies under which such schools, 4 which such condition is applicable. 4 hospitals, or other agencies will, as agents of the Secretary, 5 Any amount which the United States is entitled to recover 5 perform such functions in the administration of this part, 6 under this paragraph shall, within the three-year period 6 as the Secretary may specify. Any such agreement with any 7 beginning on the date the United States becomes entitled 7 such school, hospital, or agency may provide for payment 8 to recover such amount, be paid to the United States. Until 8 by the Secretary of amounts equal to the expenses actually 9 any amount due the United States under this paragraph on 9 and necessarily incurred by such school, hospital, or agency 10 account of any grant under this part is paid, there shall 10 in carrying out such agreement. 11 accrue to the United States interest on such amount at the 11 SEC. 104. There are authorized to be appropriated for 12 same rate as that fixed by the Secretary of the Treasury 12 the purpose of this part $8,000,000 for fiscal year 1975, 13 pursuant to clause (A) with respect to the grant on account 13 $16,000,000 for fiscal year 1976, $22,000,000 for fiscal 14 of which such amount is due the United States. 14 year 1977, $30,000,000 for fiscal year 1978, and $34,000,- 15 (4) (A) Any obligation of any individual to comply 15 000 for fiscal year 1979, and, for each succeeding fiscal year, 16 with the condition applicable to him under the preceding 16 such sums as may be necessary to continue to make such 17 provisions of this subsection shall be canceled upon the death 17 grants to individuals who (prior to July 1, 1979) have re- 18 of such individual. 18 reived such grants and who are eligible for such grants under 19 (B) The Secretary shall by regulations provide for the 19 this part during such succeeding fiscal year. 20 waiver or suspension of any such obligation applicable to 20 PART B-HEALTH PROFESSIONS PREPARATORY 21 any individual whenever compliance by such individual is 21 SCHOLARSHIP PROGRAM 22 impossible or would involve extreme hardship to such indi- 22 SEC. 105. (a) The Secretary shall, in accordance with 23 vidual and if enforcement of such obligation with respect 23 the provisions of this part, make scholarship grants to In- 24 to any individual would be against equity and good con- 24 dians who- 25 science. S. 2938-2 (d) 10 11 1 (1) have successfully completed their high school 1 purpose of this section $350,000 for fiscal year 1975, $350,- 2 education; and 2 000 for fiscal year 1976, $375,000 for fiscal year 1977, 3 (2) have demonstrated an aptitude for being capa- 3 $390,000 for fiscal year 1978, and $410,000 for fiscal year 4 ble of successfully completing a premedical, predental, 4 1979. 5 or preosteopathy course of study. 5 TITLE II-HEALTH SERVICES 6 (b) A scholarship grant made under this part shall be 6 SEC. 201. (a) For the purpose of eliminating back- 7 for a period not to exceed two academic years. 7 logs in Indian health care services and to supply known, 8 (c) A scholarship grant made under this part may 8 unmet medical, surgical, dental, and other Indian health 9 cover costs of tuition, books, transportation, board, and 9 needs, the Secretary is authorized to expend, through the 10 other necessary related expenses. 10 Service, $123,500,000 over a five-fiscal-year period in ac- 11 (d) There are authorized to be appropriated for the 11 cordance with the schedule provided in subsection (c) As 12 purpose of this part $1,000,000 for fiscal year 1975; 12 such funds which are appropriated pursuant to this Act are 13 $2,000,000 for fiscal year 1976; $3,000,000 for fiscal year 13 to eliminate health services backlogs, they shall not be used 14 1977; $3,000,000 for fiscal year 1978; and $3,000,000 14 to offset or limit the appropriations required by the Service to 15 for fiscal year 1979. 15 continue to serve the health needs of Indian people during 16 PART C-CONTINUING EDUCATION ALLOWANCES 16 and subsequent to such five-fiscal-year period but shall be in 17 SEC. 106. (a) In order to encourage professionals to 17 addition to the annual appropriations required to continue 18 join the Service and to provide their services in the rural and 18 the health service program to the Indian people. 19 remote areas where a significant portion of the American 19 (b) The Secretary is also authorized to employ persons 20 Indian people reside, the Secretary may provide allowances 20 to implement the provisions of this section during the five- 21 to Service physicians to enable them for a period of time 21 fiscal-year period in accordance with the schedule provided 22 each year prescribed by regulation of the Secretary to take 22 in subsection (c) 0 Such persons shall be in addition to, and 23 leave of their duty stations for professional consultation and 23 shall not reduce the number of, the employees required to 24 refresher training courses. 24 conduct ongoing activities of the Service during and sub- 25 (b) There are authorized to be appropriated for the 25 sequent to such period. 12 13 1 (c) The following amounts and positions are author- 1 (4) Maintenance and repair (direct and indirect) : 2 ized, by fiscal year, for the specific purposes noted: 2 for fiscal year 1975, $6,000,000 and thirty positions; 3 (1) Patient care (direct and indirect) : for fiscal 3 for fiscal year 1976, $4,000,000 and thirty positions; 4 year 1975, $11,000,000 and two hundred and forty posi- 4 for fiscal year 1977, $4,000,000 and thirty positions; for 5 tions; for fiscal year 1976, $17,000,000 and five hundred 5 fiscal year 1978, $4,000,000 and thirty positions; and 6 and forty positions; for fiscal year 1977, $14,000,000 6 for fiscal year 1979, $3,000,000 and thirty positions. 7 and four hundred and ten positions; for fiscal year 1978, 7 TITLE III-HEALTH FACILITIES 8 $9,000,000 and five hundred positions; and for fiscal 8 PART A-CONSTRUCTION AND RENOVATION OF SERVICE 9 year 1979, $7,000,000 and four hundred and ninety 9 FACILITIES 10 positions; 10 SEC. 301. For the purpose of eliminating inadequate, 11 (2) Field health, excluding dental care (direct and 11 outdated, and otherwise unsatisfactory Service hospitals, 12 indirect) : for fiscal year 1975, $12,000,000 and three 12 health centers, health stations, and other Service facilities, 13 hundred positions; for fiscal year 1976, $10,000,000 and 13 the Secretary is authorized to expend $400,000,000 over a 14 two hundred twenty-five positions; for fiscal year 1977, 14 five-fiscal-year period in accordance with the following 15 $7,000,000 and two hundred positions; for fiscal year 15 schedule: 16 1978, $7,000,000 and two hundred positions; and for 16 (a) Hospitals: for fiscal year 1975, $40,000,000; 17 fiscal year 1979, $5,000,000 and one hundred positions; 17 for fiscal year 1976, $76,000,000; for fiscal year 1977, 18 (3) Dental care (direct and indirect) : for fiscal 18 $65,000,000; for fiscal year 1978, $55,000,000; and for 19 year 1975, $900,000 and sixty positions; for fiscal year 19 fiscal year 1979, $80,000,000. 20 1976, $700,000 and seventy-five positions; for fiscal 20 (b) Health centers and health stations: for fiscal 21 year 1977, $700,000 and seventy-five positions; for 21 year 1975, $4,000,000; for fiscal year 1976, $6,000,000; 22 fiscal year 1978, $600,000 and seventy-five positions; 22 for fiscal year 1977, $2,000,000; for fiscal year 1978, 23 and for fiscal year 1979, $600,000 and sixty positions; 23 $2,000,000; and for fiscal year 1979, $11,000,000. 24 and 24 (c) Staff housing: for fiscal year 1975, $13,- 14 15 1 000,000; for fiscal year 1976, $21,000,000; for fiscal 1 000,000 in fiscal year 1975; $95,000,000 in fiscal year 2 year 1977, $16,000,000; for fiscal year 1978, $5,- 2 1976; $95,000,000 in fiscal year 1977; $95,000,000 in fiscal 3 000,000; and for fiscal year 1979, $4,000,000. 3 year 1978; and $95,000,000 in fiscal year 1979. 4 SEC. 302. The Secretary is authorized to equip and staff 4 (c) The Secretary is authorized and directed to develop 5 such Service facilities at levels commensurate with their op- 5 a plan, together with the Secretaries of Housing and Urban 6 eration at optimum levels of effectiveness. 6 Development and the Interior, to assure that the schedule 7 SEC. 303. For the purpose of implementing the provi- 7 provided for in subsection (b) will be met. Such plan shall 8 sions of this part, the Secretary shall assure that the rates of 8 be submitted to the Congress no later than ninety days from 9 pay for personnel engaged in the construction or renovation 9 the date of enactment of this Act. 10 of facilities constructed or carried out in whole or in part by 10 TITLE IV-ACCESS TO HEALTH SERVICES 11 funds made available pursuant to this part are not less than 11 SEC. 401. (a) Notwithstanding any other provision of 12 the prevailing local wage rates for similar work as deter- 12 law, for the purpose of title XVIII of the Social Security 13 mined in accordance with the Act of March 3, 1921 (46 13 Act, as amended, the Service facilities used to provide health 14 Stat. 1491), as amended. 14 care and services to Indians are hereby deemed to be 15 PART B-CONSTRUCTION OF SAFE WATER AND SANITARY 15 accredited facilities, the services so provided shall be deemed 16 WASTE DISPOSAL FACILITIES 16 to be provided by licensed practitioners in their respective 17 SEC. 304. (a) For the purpose of reducing health haz- 17 fields, and the facilities may receive payment for such serv- 18 ards, the Secretary is authorized to expend, pursuant to Pub- 18 ices on the same basis as other providers of service. 19 lic Law 86-121, $470,000,000 within a five-fiscal-year pe- 19 (b) The Secretary shall undertake to improve and main- 20 riod following the enactment of this Act, in accordance with 20 tain such Service facilities such that they will, at a minimum, 21 the schedule provided in subsection (b), to supply unmet 21 meet the accreditation standards imposed on other providers 22 needs for safe water and sanitary waste disposal facilities in 22 of service. 23 existing and new Indian homes and communities. 23 (c) Any payments received for services provided to 24 (b) The following amounts are authorized, by fiscal 24 beneficiaries hereunder shall be credited to the appropriation 25 year, for the purpose prescribed in subsection (a) : $90,- 25 charged for the actual provision of care and services and shall 16 17 1 not be considered in determining appropriations for health 1 tions for the provision of health care and services to Indians. 2 care and services to Indians. 2 (e) Nothing in this section shall authorize the Secre- 3 (d) Nothing herein authorizes the Secretary to provide 3 tary to provide services to an Indian beneficiary with cover- 4 services to an Indian beneficiary with coverage under title 4 age under title XIX of the Social Security Act, as amended, 5 XVIII of the Social Security Act, as amended, in preference 5 in preference to an Indian beneficiary without such coverage. 6 to an Indian beneficiary without such coverage. 6 TITLE V-ACCESS TO HEALTH SERVICES FOR 7 SEC. 402. (a) Notwithstanding any other provision of 7 URBAN INDIANS 8 law, for the purpose of title XIX of the Social Security Act, 8 SEC. 501. The purpose of this title is to encourage the 9 as amended, the Service facilities used to provide health care 9 establishment of outreach programs in urban areas to make 10 and services to Indians are hereby deemed to be accredited 10 health services more accessible to the urban Indian 11 facilities and the services SO provided in these facilities are 11 population. 12 deemed to be provided by licensed practitioners in their 12 SEC. 502. For the purpose of this title- 13 respective fields. 13 (a) "Urban Indian" means any individual who resides 14 (b) The Secretary is authorized to enter into agreements 14 in an urban center and who is (i) an Indian as defined in 15 with the appropriate State agency for the purpose of receiv- 15 section 4 (a) of this Act or (ii) a person of Indian descent 16 ing reimbursement for health care and services provided to 16 who is considered ineligible for the special programs and 17 Indians who are beneficiaries under title XIX of the Social 17 services of the Service and the Bureau of Indian Affairs and 18 Security Act, as amended. 18 who, in accordance with regulations promulgated by the 19 (c) The Secretary shall undertake to improve such fa- 19 Secretary which take into consideration such person's health 20 cilities such that they will meet or exceed any applicable 20 needs, lack of access to health services, and other relevant 21 accredited standard. 21 factors, is identified as an appropriate recipient of assistance 22 (d) Any payments received for services provided bene- 22 from an urban Indian organization in accordance with the 23 ficiaries hereunder shall be credited to the appropriation 23 provisions of this title. 24 charged for the actual provision of care and services, which 24 (b) An "urban Indian organization" is a nonprofit 25 amount shall not be considered in determining appropria- 25 corporate body situated in an urban center, composed of 18 19 1 urban Indians, and providing the maximum participation 1 urban Indian organization pursuant to this title. Such con- 2 of all interested Indian groups, which body is capable of 2 ditions shall include, but are not limited to, requirements that 3 legally cooperating with other bodies, Federal, State, and 3 the organization successfully undertake the following tasks: 4 local, for the purpose of performing the activities described 4 (1) determine, in accordance with the regulations 5 in section 503 (c) 5 promulgated pursuant to section 502 (a), the popula- 6 (c) An "urban center" is any community which has 6 tion of urban Indians which are or could be recipients 7 a sufficient urban Indian population with unmet health needs 7 of such services; 8 to warrant assistance under this title, as determined by the 8 (2) identify all public and private health service 9 Secretary. 9 resources within the urban center in which the organiza- 10 SEC. 503. (a) The Secretary shall enter into contracts 10 tion is situated which are or may be available to urban 11 with urban Indian organizations to provide Federal assistance 11 Indians; 12 to such organizations for the purpose of establishing and 12 (3) assist such resources in providing service to such 13 administering outreach programs to make urban Indians 13 urban Indians; 14 in the urban centers in which such organizations are situated 14 (4) assist such urban Indians in becoming familiar 15 knowledgeable of the health service resources available within 15 with and utilizing such resources; 16 such centers and the means of gaining access to those 16 (5) provide basic health education to such urban 17 resources. 17 Indians; 18 (b) Urban Indian organizations shall make use of 18 (6) identify gaps between unmet health needs of 19 Federal assistance provided by contracts pursuant to this 19 urban Indians and the resources available to meet such 20 title not to provide health services to urban Indians but to 20 needs; and 21 render advice and consultation to such Indians concerning 21 (7) make recommendations to the Secretary and 22 the availability and means of access to all public and private 22 Federal, State, local, and other resource agencies on 23 health services. 23 methods of improving health service programs to meet 24 (c) The Secretary shall place such conditions as he 24 the needs of urban Indians. 25 deems necessary in any contract which he makes with any 25 (d) The Secretary shall by regulation prescribe the 20 21 1 criteria for selecting urban Indian organizations with which 1 contracting laws and regulations except that, in the discre- 2 to contract pursuant to this title. Such criteria shall, among 2 tion of the Secretary, such contracts may be negotiated 3 other factors, take into consideration- 3 without advertising and need not conform with the provi- 4 (1) the extent of the unmet health care needs 4 sions of the Act of August 24, 1935 (49 Stat. 793), as 5 of the urban Indian in the urban center in question; 5 amended. 6 (2) the size of the urban Indian population which 6 (b) Payments under any contracts pursuant to this Act 7 is to receive assistance; 7 may be made in advance or by way of reimbursement and in 8 (3) the relative accessibility which such popula- 8 such installments and on such conditions as the Secretary 9 tion has to health care services in such urban center; 9 deems necessary to carry out the purposes of this title. 10 (4) the extent, if any, that the project would dupli- 10 (c) Notwithstanding any provision of law to the con- 11 cate any previous or current public or private project 11 trary, the Secretary may, at the request or consent of an 12 funded by another source in such urban center; 12 urban Indian organization, revise or amend any contract 13 (5) the appropriateness and likely effectiveness of 13 made by him with such organization pursuant to this title 14 a project assisted pursuant to this title in such urban 14 as necessary to carry out the purposes of this title: Provided, 15 center; 15 however, That whenever an urban Indian organization re- 16 (6) the existence of an urban Indian organization 16 quests retrocession of the Secretary for any contract entered 17 capable of performing the activities set forth in sub- 17 into pursuant to this title, such retrocession shall become 18 section (c) and of entering into a contract with the 18 effective upon a date specified by the Secretary not more than 19 Secretary pursuant to this title; and 19 one hundred and twenty days from the date of the request 20 (7) the extent of existing or likely future par- 20 by the organization or at such later date as may be mutually 21 ticipation of appropriate health and health-related State, 21 agreed to by the Secretary and the organization. 22 local, and other resource agencies. 22 (d) In connection with any contract made pursuant to 23 SEC. 504. (a) Contracts with urban Indian organizations 23 this title, the Secretary may permit an urban Indian or- 24 pursuant to this title shall be in accordance with all Federal 24 ganization to utilize, in carrying out such contract, existing 22 23 1 facilities owned by the Federal Government within his juris- 1 respect to such contract or grant shall be subject to audit by 2 diction under such terms and conditions as may be agreed 2 the Secretary and the Comptroller General of the United 3 upon for their use and maintenance. 3 States. 4 (e) The contracts authorized under this title may include 4 SEC. 506. There are authorized to be appropriated for 5 provisions for the performance of personal services which 5 the purpose of this title $3,000,000 for the fiscal year 1975; 6 would otherwise be performed by Federal employees: Pro- 6 $4,000,000 for the fiscal year 1976; and $5,000,000 for 7 vided, That the Secretary shall not make any contract which 7 the fiscal year 1977. 8 would impair his ability to discharge his trust responsibilities 8 SEC. 507. Within six months after the end of fiscal year 9 to any Indian tribe or individuals. 9 1976, the Secretary shall review the program established 10 (f) Contracts with urban Indian organizations and 10 under this title and shall submit to the Congress his assess- 11 regulations adopted pursuant to this title shall include pro- 11 ment thereof and recommendations for any further legisla- 12 visions to assure the fair and uniform provision by such 12 tive efforts he deems necessary to meet the purposes of this 13 organizations of services and assistance to Indians in ,the 13 title. 14 conduct and administration of programs or activities under 14 TITLE VI-MISCELLANEOUS 15 such contracts. 15 SEC. 601. The Secretary shall report annually to the 16 SEC. 505. For each fiscal year during which an urban 16 President and the Congress on progress made in effecting the 17 Indian organization receives or expends funds pursuant to a 17 purposes of this Act. Within three months after the end 18 contract under this title, the organization which requested 18 of fiscal year 1978, the Secretary shall review the programs 19 such contract or grant shall submit to the Secretary a report 19 established or assisted under this Act and shall submit to 20 including information gathered pursuant to 503 (c) (6) and 20 the Congress his assessment thereof and recommendations of 21 (7), information on activities conducted by the organiza- 21 additional programs or additional assistance necessary to, at 22 tion pursuant to the contract, an accounting of the amounts 22 a minimum, provide health services to Indians, and insure 23 and purposes for which Federal funds were expended, and 23 a health status for Indians, which is at a parity with the 24 such other information as the Secretary may request. The 24 health services available to, and the health status of, the gen- 25 reports and records of the urban Indian organization with 25 eral population. 24 1 SEC. 602. The Secretary may prescribe such regulations 2 as he deems necessary to carry out the purposes of this Act. 3 Such regulations shall provide the opportunity for maximum 4 participation of Indians in the planning and implementation 5 of Indian health programs. 6 SEC. 603. The funds appropriated pursuant to this Act 7 shall remain available until expended. and Insular Affairs Read twice and referred to the Committee on Interior FEBRUARY 1, 1974 By Mr. JACKSON, Mr. BARTLETT, Mr. FANNIN, purposes. 2D SESSION Mr. HASKELL, and Mr. METCALF dians in such programs, and for other couraging maximum participation of In- Federal Indian health programs and en- by improving the services and facilities of the care and education of the Indian people To implement the Federal responsibility for 93D CONGRESS A BILL S. 2938 Congressional Record United States of America PROCEEDINGS AND DEBATES OF THE CONGRESS, SECOND SESSION Vol. 120 WASHINGTON, FRIDAY, FEBRUARY 1, 1974 No. 9 Senate By Mr. JACKSON for himself, The purpose of the legislation I intro- trained medical and public health of- Mr. METCALF, Mr. HASKELL, Mr. duce today is to augment and expand ficers strengthened the overall direction FANNIN, and Mr. BARTLETT) : upon presently established health pro- of the Federal Indian health program, 2938. A bill to implement the Fed- grams and services for Indian citizens. they were unable to overcome the seri- eral responsibility for the care and edu- It is designed to eliminate enormous ous health problems of Indians due to cation of the Indian people by improving backlogs of essential patient care, to con- other shortcomings in the Indian health the services and facilities of Federal In- struct and renovate hospitals and other program. Outdated and inadequate Fed- dian health programs and encouraging health facilities which at the present eral health facilities and delivery sys- maximum participation of Indians in time are either nonexistent or in a state tems were incapable of sustaining the such programs. and for other purposes. of general deterioration, and to provide demands for service found on Indian res- Referred to the Committee on Interior financial and organizational support for ervations. Finally, in an effort to con- and Insular Affairs. the development and growth of urban solidate and expand the diverse and dis- INDIAN HEALTH LEGISLATION Indian health projects. jointed programs of Indian health care In the early history of this country, and to accommodate Indian health needs Mr. JACKSON. Mr. President, I am in- troducing for appropriate reference, leg- Federal health services provided to In- which had grown to crisis proportions, islation which addresses one of the most dians were confined to those military Congress, in 1955, transferred all author- physicians assigned to frontier forts and deplorable situations in the United ity for Indian health from the Depart- reservations. Primarily the attention of ment of the Interior to the Public Health States, that of the provision of basic these physicians focused on preventing health services to Indians. Service. the spread of smallpox and other con- Earlier this Congress, the Senate Presently, the responsibility for pro- tagious diseases; diseases, I may point viding adequate health and medical serv- passed the Indian Financing Act, to pro- out. which were virtually unknown to ices for Indian people resides with the vide economic assistance to enable the Indians before their contact with the Indian Health Service, a special branch Indian people to design and build their white man. of the Public Health Service within the own future. By unanimous vote on Janu- In 1849, with the transfer of the Bu- Department of Health, Education, and ary 28 of this year, the Indian Self-De- reau of Indian Affairs to the Department Welfare. Of the approximately 827,000 termination and Educational Reform Act of the Interior, Indian health policy Indians in the United States represent- was ordered reported to the Senate by shifted from military to civilian admin- ing some 260 tribes and 215 Alaskan the Committee on Interior and Insular istration. Although some limited progress Native villages, more than half a million Affairs. Both of these measures reaf- occurred under this new administrative Native Americans depend almost entire- firm the policy of this body that it is the arrangement, by 1875 there were still ly upon the Indian Health Service for Indian people who must decide their own only about half as many doctors as there medical and hospital care. To meet the future and they provide the educational were Indian agencies, and by 1900 the needs of these citizens, the Service oper- and economic tools to shape that future. physicians serving Indians numbered ates 51 hospitals in 13 States offering a The most basic human right must be only 83. During this time Indian health total of 2,700 beds with an additional the right to enjoy decent health. Cer- services were financed out of miscellane- 1,000 beds provided through contract fa- tainly. any effort to fulfill Federal re- ous funds of the Bureau of Indian Af- cilities with local private and public hos- sponsibilities to the Indian people must fairs. It was not until 1911 that general pitals. The total manpower of these serv- begin with the provision of health serv- Indian health appropriations began. ices constitutes more than 7,000 profes- ices. In fact, health services must be In the mid-1920's a more concerted sional and staff personnel, including the cornerstone upon which rest all other effort was made to assist the health some 450 physicians and 170 dentists in Federal programs for the benefit of In- needs of Indian communities, facilitated the Commissioned Officers Corps of the dians. Without a proper health status, by the assignment of commissioned of- Public Health Service. Contracts with the Indian people will be unable to fully ficers of the Public Health Service to In- some 300 private and community hos- avail themselves of the many economic, dian health programs. Considerable im- pitals and 500 physicians provide addi- educational, and social programs already provement in Indian health can be said tional personnel and facilities. available to them or which this Con- to have resulted from the contributions Although the Indian Health Service gress will provide them. of these officers. While these highly has begun at long last to achieve a limited S 1033 February 1, 1974 CONGRESSIONAL RECORD SENATE 1059 progress in improving the health status some 530,000 Indians. Service and con- manpower. Leading medical officials have of Indian people. health statistics reveal tract facilities provide some 3,700 hospi- given truly dire warnings that any fur- that in spite of this progress the vast ma- tal beds. Compared with a national aver- ther decline in manpower could have jority of Indians live in an environment age of 1 hospital bed per 125 persons In- critical implications for the health of characterized by inadequate and under- dian facilities provide 1 bed per 132 per- Indians. staffed health facilities. improper or non- sons, a shortage of more than 200 beds By and large the problems I have de- existent waste and water systems. and under existing standards of service and scribed for you are with respect to those continuing dangers of deadly or dis- demand. A special committee of the Indians who live on or near reservations abling diseases. These circumstances American Medical Association has in- and are members of federally recognized have produced a situation in which the vestigated the condition of Indian health tribes or Indians. However, a substantial health of Indians ranges far below that services. It is their conclusion that only segment of the Indian population-300,- of other Americans. Health concerns 21 of the 51 existing Indian Health Serv- 000 to 400,000-resides away from the which most of our communities have ice hospitals meet their standards of reservation, mostly in large urban cen- forgotten as long as 25 years ago con- accreditation (either because of insuffi- ters. tinue to plague Indian communities. For cient staffing or poor physical plants), My bill contains a provision aimed spe- every Indian health need treated by ex- that two-thirds of the hospitals are obso- cifically at assisting urban Indians to isting services, another need will go un- lete, and that 22 need complete replace- develop health leadership among their met, only to arise at a later date, inhibit- ment. own members and to establish the kind ing the lives and pursuits of native citi- In order to overcome the gross defi- of resource identification which will help zens and strangling their development as ciencies in the quantity and quality of to meet the most pressing health needs free, self-determined people. existing facilities, more money must be of these deserving people. An integral Illustrative of this situation are the allocated. Per capita expenditures for aspect of this effort will involve an out- following facts: the incidence of tuber- Indian health purposes are 30 to 40 per- reach program to seek out individuals culosis for Indians and Alaska Natives is cent below expenditures for the average and faimlies who require health care and 6.4 times higher than the rate for all American community. The greater inci- refer them to services at the earliest pos- citizens of the United States; the Indian dence of disease among Indians renders sible date. and Alaska Natives rate for diabetes is this deficiency all the more acute. It is While current Indian policy prohibits almost twice that of all races of the further compounded by the fact that the extension of the special Indian United States; and while respiratory and many of our more modern national Health Service hospital and medical care gall bladder illnesses are not reported in health programs, designed to assist the program to the urban centers, I am con- the general population, Indian Health general population, are difficult or im- vinced that my proposal in this area of Service officials state emphatically that possible to apply to Indians. Meidcare, concern will do much to alleviate a seri- the rates for these diseases among Indi- medicaid, and social security programs ous health situation among the Indian ans and Alaska Natives are significantly afford little relief because, given their people concentrated in a number of higher than the general population. unique social situation, few Indians major cities throughout the United Otitis media, an infection of the inner either know they are eligible for medicare States. I want to underscore the fact that ear, affecting most commonly children or have not worked long enough for so- the funds designated for these programs under the age of 2 years, continues to be cial security eligibility. will in no way reduce the level of fund- a leading cause fo disability in American At the center of this tragic set of cir- ing I have proposed to meet the serious Indians and Alaska Natives. cumstances is probably the most press- health and medical needs for thousands Although surgical treatment is possi- ing and serious problem facing Indian of Indian people residing on federally ble which can generally prevent the long- Health Service, the manpower shortage recognized reservations and in Indian term and serious disabilities of deafness among physicians and related health communities. I want both the members and learning deficiencies, only a fraction personnel. At present there are 450 phy- of federally recognized tribes and the of this essential surgery is now being sicians in the Indian Health Service. urban Indians to understand that my provided. The infant mortality rate Simply translated this represents a ratio bill in no way sets up a "tug of war" over among Indians is almost 1½ times the of one physician for 1,080 Indians as limited financial resources and services national average while the Indian birth against a national average of slightly but rather the measure addresses itself rate soars at a ratio twice that of other over 600 persons per physician. These to the needs of both groups. Americans. The frequency with which shortages are complicated by the highly Title I of my bill is designed to aug- these events occur and the prevalence dispersed and remote nature of Indian ment the inadequate number of health of disease in Indian communities can- tribes, vast distances between settled professionals serving the Indian com- not help but have a significant impact areas on reservations, and the lack of munity. Part A provides scholarship on the social and cultural fiber of In- adequate roads and minimum emergency grants to individuals who are enrolled in dian societies, contributing to their gen- transportation systems medical schools: schools of optometry, eral disintegration and attendant prob- Unfortunately, the Indian people can- osteopathy, dentistry, pharmacy, podi- lems of mental illness, alcoholism, acci- not look to their own tribal members for atry, public health or nursing; or schools dents, homicide and suicide. For exam- relief in this vital health manpower licensed by a State to train persons in ple, suicide within Indian communities shortage category. There are only 50 the allied health professions. These is approximately twice as high as in the known physicians of Indian descent en- grants contain the condition that the in- total U.S. population. The real life facts gaged in the practice of medicine today, dividuals who receive them must serve of Indian health in this Nation add up to and all but 2 or 3 are serving non-In- the Indian community after completion the simple yet deplorable conclusion that dian patients. My proposed legislation of their professional training. Part B while every other American can expect holds promise for opening new opportu- provides scholarship grants to Indians to live to the age of at least 70.4 years, nities for young Indian men and women who have finished high school and dem- the Indian and Alaska Native can expect to enter medicine and other health pro- onstrate a capability of successfully com- to live only to age 64.9. fessions for service to their own people. pleting a premedical, predental or pre- All efforts to alter these conditions are I find particularly disturbing the pro- osteopathy course of study. met with an initial and fundamental jection that severe manpower shortages Part C addresses the problem of main- impediment of outdated or inadequate are likely to become even more acute in taining the physicians, once trained, in health facilities. Of existing facilities, the coming years due in large part to the rural and remote areas where a sig- some 38 hospitals, 66 health centers and the decline in recruitment for the Public nificant portion of the Indian people re- 240 other health stations are at least 20 Health Service Commissioned Officers side. The difficulties associated with years old. Corps. In past years the main source of meeting physician needs in rural Amer- Many of them are old one-story Army- the Service's physicians enlisting in the ica are well known. These difficulties are style buildings with inadequate electric- Public Health Service has greatly de- based on several critical factors among ity, ventilation, insulation. and fire pro- clined. An absence of adequate housing which are lack of sufficient monetary re- tection systems, and of such insufficient facilities and the remoteness and cul- ward, few social amenities available in size to jeopardize the health and safety tural isolation of assignments have added rural communities, inadequate housing of their occupants. To meet the needs of to the problem of recruiting professional and the inability to have frequent asso- 1060 CONGRESSIONAL RECORD-SENATE February 1, 1974 ciation with professional colleagues. available health resources within the health status of Indians to be raised to the While it is difficult to say with certain- urban centers in which they are situated, highest possible level and to encourage the ty that any one of these factors is over- determining the Indian population which maximum participation of Indians in the riding when a young physician is prepar- are or could be recipients of health serv- planning and management of those services. (c) Federal health services to Indians have ing to initiate his career, the ability to ices; and assisting urban Indians in resulted in a reduced prevalence and Inci- frequently associate with professional utilizing these available resources. dence of preventable illnesses and unneces- colleagues can be an important consider- Title VI provides for an evaluation sys- sary and premature deaths among Indians. ation in determining where he will prac- tem whereby the Secretary of Health, Ed- (d) Despite such services, the unmet health tice. Part C attempts to offset the nega- ucation, and Welfare is required within 3 needs of the American Indian people are tive impact of the lack of such associa- months of the end of fiscal year 1978 to severe and the health status of Indian is far tional opportunities in rural areas by submit a report containing a review and below that of the general population of the providing allowances to Service physici- assessment of the programs provided United States. Illustratively, for Indians compared to all Americans in 1971, the tuber- ans to enable them to leave their duty under this bill including recommenda- culosis death rate was over four and one-half station for prescribed periods of time for tions of additional programs and as- times greater, the influenza and pneumonia professional consultation and refresher sistance designed to bring Indians to a death rate over one and one-half times great- training courses. health status equal to that of the general er, and the infant death rate about 20 per- Title II provides added appropriations population. cent greater. over a 5-year period to alleviate the Mr. President, in conclusion I want to (e) All other Federal services and programs tremendous backlog in basic patient state emphatically that unless our Gov- in fulfillment of the Federal responsibility to Indians are jeopardized by the low health care, field health care and dental care. ernment is willing to take affirmative status of the American Indian people. In addition. funds are provided for basic action to improve the health status of (f) Further improvement in Indian health maintenance and repair of existing hos- Indian people, I am convinced that many is imperilled by- pitals and related facilities. Also pro- of our efforts to improve the social and (1) inadequate, outdated, inefficient and vided are such additional health person- economic progress of Indians will stand undermanned facilities. For example, only nel and administrators necessary to im- as mere hollow promises. I ask my col- 21 of 51 Indian Health Service hospitals are plement this massive effort to reduce the leagues how individual Indians and their accredited; only 12 meet national fire and patient backlog. tribes whose health status is at least a safety codes; and 57 areas with Indian popu- Title III, part A, attacks the problem generation behind that of the general lations have been identified as requiring either new or replacement health centers and of inadequate or outdated Service hos- population can aggressively pursue com- stations, or clinics remodeled for improved pitals, health centers and health stations plex community, social and economic de- or additional service; by authorizing $400 million over 5 years velopment plans when they are faced (2) shortage of personnel. For example, for construction of new facilities. This with such serious health constraints? about two-thirds of the service hospitals, title, if enacted, would constitute a major Mr. President, I stand on the principle four-fifths of service hospital outpatient effort at eliminating some of the more that every Indian man, woman and child clinics, and one-half of the service health archaic health installations and at the in this Nation has the God given right clinics meet only 80 percent of staffing stand- ards for their respective services; same time providing some new facilities to enjoy sound physical and mental (3) insufficient services in such areas as in geographic areas where they are crit- health. The members of this great body laboratory, hospital inpatient and outpa- ically needed. The Secretary of Health, can help Indian people to achieve that tient, eye care and mental health services Education, and Welfare is also author- right. In fact we owe them that right due and services available through contracts ized to equip and staff these facilities at to the Indians' unique historic and legal with private physicians, clinics, and agen- levels commensurate with their opera- relationship with the Federal Govern- cles. For example, about 82 percent of the tion at optimum levels of effectiveness. ment which has its basis in the Consti- surgical operations needed for otitis media Part B authorizes $470 million over a tution itself. But to do so we must be are unperformed, over 57 percent of required prepared to provide them with appro- dental services have not been provided, and 5-year period to supply vitally needed about 98 percent of the need for hearing aids safe water and sanitary waste disposal priate tools-financial resources, facili- is unmet; facilities in both existing and new In- ties, manpower training and flexible au- (4) related support factors. For example, dian homes and communities. It requires thorities-to develop a health delivery over 700 housing units are needed for staff the Secretary of Health. Education, and system capable of achieving this highly at remote service facilities; Welfare, together with the Secretaries of desirable goal. (5) lack of access of Indians to health Interior and Housing and Urban Devel- Mr. President, that concludes my for- services due to remote residences, undevel- opment, to come forth within 3 months mal remarks. I ask that the bill be print- oped or underdeveloped communication and with a plan to provide the essential water ed in the RECORD along with several tables transportation systems, and difficult, some- times severe, climatic conditions; and and sanitation facilities in accordance which demonstrate all too clearly the (6) lack of safe water and sanitary waste with the 5-year expenditure schedule. deplorable health conditions presently disposal services. For example, over 40,000 Title IV is designed to give Indians existing among Indians. existing, and 62,000 planned replacement and greater access to and benefits from the There being no objection, the bill and renovated, Indian hosuing units need new present social welfare programs presently tables were ordered to be printed in the or upgraded water and sanitation facilitles. available to all Americans. To accomplish RECORD, as follows: (g) The Indian people's growing con- this the bill will provide for direct medi- S. 2938 fidence in Federal Indian health services is A bill to implement the Federal responsibil- revealed by their increasingly heavy use of care and medicaid payments to Indian ity for the care and education of the In- such services. Progress toward the goal of health hospitals instead of to the general Treasury. dian people by improving the services and better Indian health is dependent on this facilities of Federal Indian health pro- continued growth of confidence. Both such Title V encourages the establishment grams and encouraging maximum partici- progress and such confidence are dependent of "outreach programs" in urban areas pation of Indians in such programs, and on improved Federal Indian health services. to make health services more accessible for other purposes DECLARATION OF POLICY to the urban Indian population. A few Be it enacted by the Senate and House of SEC. 3. The Congress hereby declares that urban Indian organizations have already Representatives of the United States of it is the policy of this Nation, in fulfillment established referral services to assist their America in Congress assembled, That this of its special responsibilities and legal obli- members in securing the fullest possible Act may be cited as the "Indian Health Care gation to the American Indian people, to access to adequate medical services and Improvement Act." meet the national goal of providing the high- facilities. This bill gives recognition to FINDINGS est possible health status to Indians and to provide existing Indian health services with the modest success of these organizations SEC. 2. The Congress finds that- all resources necessary to effect that policy. in the urban Indian community. To en- (a) Federal Indian health services to main- courage additional efforts, the Secretary tain and improve the health of the Indians DEFINITIONS of Health, Education, and Welfare is au- are consonant with and required by the Fed- SEC. 4. For purposes of this Act- eral Government's historical and unique legal (a) "Indian", unless otherwise designated, thorized to enter into contracts with relationship with, the resulting responsibility means a person who is a member of an In- urban Indian organizations to provide to, the American Indian people. dian tribe. them with financial assistance. These (b) A major national goal of the United (b) "Indian tribe" means any Indian contracts are conditioned upon the urban States is to provide the quantity and qual- tribe, band, nation, or other organized group Indian organizations identifying the ity of health services which will permit the or community, including any Alaska Native February 1, 1974 CONGRESSIONAL RECORD-SENATE 1061 community as defined in the Alaska Native ber of months with respect to which such sional consultation and refresher training Claims Settlement Act (85 Stat. 688). which condition is applicable. courses. is recognized as eligible for the special pro- Any amount which the United States is (b) There are authorized to be appro- grams and services provided by the United entitled to recover under this paragraph priated for the purpose of this section $350.- States to Indians because of their status as shall. within the three-year period beginning 000 for fiscal year 1975. $350,000 for fiscal Indians. on the date the United States becomes en- year 1976. $375,000 for fiscal year 1977. $390.- (c) "Secretary", unless otherwise desig- titled to recover such amount, be paid to the 000 for fiscal year 1978. and $410,000 for fiscal nated, means the Secretary of Health, Edu- United States. Until any amount due the year 1979. cation, and Welfare. United States under this paragraph on ac- TITLE II-HEALTH SERVICES (d) "Service", unless otherwise desig- count of any grant under this part is paid, nated, means the Indian Health Service. there shall accrue to the United States in- SEC. 201. (a) For the purpose of eliminating TITLE I-INDIAN HEALTH MANPOWER terest on such amount at the same rate as backlogs in Indian health care services and that fixed by the Secretary of the Treasury to supply known, unmet medical. surgical, SEC. 101. The purpose of this title is to pursuant to clause (A) with respect to the dental and other Indian health needs, the augment the inadequate number of health grant on account of which such amount is Secretary is authorized to expend, through professionals serving Indians and remove due the United States. the Service, $123,500,000 over a five fiscal year the multiple barriers to the entrance of (4) (A) Any obligation of any individual period in accordance with the schedule pro- health professionals into the Service and to comply with the condition applicable to vided in subsection (c), As such funds which private practice among Indians. him under the preceding provisions of this are appropriated pursuant to this Act are PART A-HEALTH PROFESSIONS SCHOLARSHIP subsection shall be canceled upon the death to eliminate health services backlogs, they PROGRAM of such individual. shall not be used to offset or limit the ap- SEC. 102 (a). The Secretary shall, in ac- (B) The Secretary shall by regulations propriations required by the Service to con- cordance with the provisions of this title, provide for the waiver or suspension of any tinue to serve the health needs of Indian make scholarship grants to individuals (1) such obligation applicable to any individual people during and subsequent to such five who are enrolled in medical schools; schools whenever compliance by such individual is fiscal year period but shall be in addition to of optometry, osteopathy, dentistry, phar- impossible or would involve extreme hard- the annual appropriations required to con- macy, podiatry, public health, or nursing; or ship to such individual and if enforcement tinue the health service program to the In- schools licensed by a State to train persons of such obligation with respect to any indi- dian people. in the allied health professions and (ii) who vidual would be against equity and good (b) The Secretary is also authorized to agree to provide their professional services conscience. employ persons to implement the provisions to Indians after completion of their profes- SEC. 103. The Secretary may enter into of this section during the five fiscal year sional training. agreements with any schools referred to in period in accordance with the schedule pro- (b) (1) The Secretary shall, in awarding section 102 hospitals, or appropriate pub- vided in subsection (c). Such persons shall scholarship grants under this part, accord lic or private agencies under which such be in addition to, and shall not reduce the priority to applicants as follows- schools, hospitals, or other agencies will, as number of, the employees required to con- (A) first, to any qualified applicant who agents of the Secretary, perform such func- duct ongoing activities of the Service during is a member of an Indian tribe and resides tions in the administration of this part, as and subsequent to such period. on an Indian reservation; the Secretary may specify. Any such agree- (c) The following amounts and positions (B) second, to any qualified applicant who ment with any such school, hospital, or are authorized, by fiscal year, for the specific is a member of an Indian tribe and resides agency may provide for payment by the Sec- purposes noted: in a place other than an Indian reservation; retary of amounts equal to the expenses ac- (1) patient care (direct and indirect) for (C) third, to any other qualified applicant. tually and necessarily incurred by such fiscal year 1975, $11,000,000 and 240 positions; (2) Scholarship grants under this title school, hospital, or agency in carrying out for fiscal year 1976, $17,000,000 and 540 posi- shall be made with respect to academic such agreement. tions; for fiscal year 1977, $14,000,000 and SEC. 104. There are authorized to be appro- 410 positions: for fiscal year 1978, $9,000,000 years. (c) (1) Any scholarship grant awarded to priated for the purpose of this part $8,000,000 and 500 positions; and for fiscal year 1979, any individual under this title shall be for fiscal year 1975, $16,000,000 for fiscal year $7,000,000 and 490 positions; awarded under the condition that such in- 1976, $22,000,000 for fiscal year 1977, (2) field health, excluding dental care (di- dividual will, after the completion of his $30,000,000 for fiscal year 1978, and rect and indirect) for fiscal year, 1975, $12,- professional training, provide his profes- $34,000,000 for fiscal 1979, and, for each suc- 000,000 and 300 positions; for fiscal year sional services to Indians. ceeding fiscal year, such sums as may be 1976, $10,000,000 and 225 positions; for fiscal (2) The Secretary shall prescribe by reg- necessary to continue to make such grants year 1977, $7,000,000 and 200 positions; for ulations- to individuals who (prior to July 1, 1979) fiscal year 1978, $7,000,000 and 200 positions; (A) the criteria for determining when an have received such grants and who are eligi- and for fiscal year 1979, $5,000,000 and 100 individual is providing professional serv- ble for such grants under this part during positions; ices to Indians in fulfillment of the condi- such succeeding fiscal year. (3) dental care (direct and indirect) for tion for scholarship assistance provided in fiscal year 1975, $900,000 and 60 positions; PART B-HEALTH PROFESSIONS PREPARATORY paragraph 1, and for fiscal year 1976, $700,000 and 75 positions; SCHOLARSHIP PROGRAM (B) the reasonable period of time said con- for fiscal year 1977, $700,000 and 75 positions; SEC. 105. (a) The Secretary shall, in accord- dition must be complied with by such in- for fiscal year 1978, $600,000 and 75 positions; ance with the provisions of this part, make dividual. and for fiscal year 1979, $600,000 and 60 posi- scholarship grants to Indians who- (3) If any individual to whom the con- tions; and (1) have successfully completed their high dition referred to in paragraph (1) is ap- (4) maintenance and repair (direct and school education; and plicable fails, within the period prescribed indirect) for fiscal year 1975, $6,000,000 and (2) have demonstrated an aptitude for pursuant to regulations under paragraph 30 positions; for fiscal year 1976, $4,000,000 being capable of successfully completing a (2), to comply with such condition for the and 30 positions; for fiscal year 1977, $4,000,- pre-medical, pre-dental, or pre-osteopathy full period, the United States shall be en- 000 and 30 positions; for fiscal year 1978, course of study. titled to recover from such individual an $4,000,000 and 30 positions; and for fiscal (b) A scholarship grant made under this amount equal to the amount produced by year 1979, $3,000,000 and 30 positions. part shall be for a period not to exceed two multiplying- TITLE III-HEALTH FACILITIES academic years. (A) the aggregate of (1) the amounts of PART A-CONSTRUCTION AND RENOVATION OF the scholarship grant or grants (as the case (c) A scholarship grant made under this SERVICE FACILITIES may be) made to such individual under this part may cover costs of tuition, books, trans- part, and (11) the sums of the interest which portation, board, and other necessary re- SEC. 301. For the purpose of eliminating lated expenses. inadequate, outdated and otherwise unsatis- would be payable on each such scholarship grant if, at the time such grant was made, (d) There are authorized to be appropri- factory Service hospitals, health centers, such grant were a loan bearing interest at ated for the purpose of this part $1,000,000 health stations and other Service facilities, a rate fixed by the Secretary of the Treas- for fiscal year 1975; $2,000,000 for fiscal year the Secretary is authorized to expend $400,- 1976; $3,000,000 for fiscal year 1977; 000,000 over a five fiscal year period in ac- ury, after taking into consideration private $3,000,000 for fiscal year 1978; and $3,000,000 cordance with the following schedule: consumer rates of interest prevailing at the time such grant was made, and if the interest for fiscal year 1979. (a) hospitals: for fiscal year 1975, $40,000,- 000; for fiscal year 1976, $76,000,000; for fiscal on each such grant had been compounded PART C-CONTINUING EDUCATION ALLOWANCES year 1977, $65,000,000; for fiscal year 1978, annually, by SEC. 106. (a) In order to encourage pro- $55,000,000; and for fiscal year 1979, $80,- (B) a fraction the numerator of which is fessionals to join the Service and to provide 000,000. the number obtained by subtracting from their services in the rural and remote areas (b) health centers and health stations: for the number of months to which such con- where a significant portion of the American fiscal year 1975, $4,000,000; for fiscal year dition is applicable a number equal to one- Indian people reside, the Secretary may pro- 1976, $6,000,000; for fiscal year 1977, $2,000,- half of the number of months with respect vide allowances to Service physicians to en- 000; for fiscal year 1978, $2,000,000; and for to which compliance by such individual with able them for a period of time each year fiscal year 1979, $11,000,000. such condition was made, and the denomina- prescribed by regulation of the Secretary to (c) staff housing: for fiscal year 1975, $13,- tor of which is a number equal to the num- take leave of their duty stations for profes- 000,000; for fiscal year 1976, $21,000,000; for 1062 CONGRESSIONAL RECORD February 1, 1974 Title XIX of the Social Security Act. as (4) assist such urban Indians in becom- fiscal year 1977, $16,000,000; for fiscal year 1978, $5,000,000; and for fiscal year 1979, amended. ing familiar with and utilizing such re- (c) The Secretary shall undertake to im- sources; $4,000,000. SEC. 302. The Secretary is authorized to prove such facilities such that they will meet (5) provide basic health educaton to such or exceed any applicable accredited standard. urban Indians; equip and staff such Service facilities at (d) Any payments received for services (6) identify gaps between unmet health levels commensurate with their operation at provided beneficiaries hereunder shall be needs of urban Indians and the resources optimum levels of effectiveness. SEC. 303. For the purpose of implementing credited to the appropriation charged for the available to meet such needs; and actual provision of care and services, which (7) make recommendations to the Secre- the provisions of this part, the Secretary shall assure that the rates of pay for per- amount shall not be considered in determin- tary and Federal, State, local and other re- ing appropriations for the provision of health source agencies on methods of improving sonnel engaged in the construction of renc- vation of facilities constructed or carried out care and services to Indians. health service programs to meet the needs (e) Nothing in this section shall author- of urban Indians. in whole or in part by funds made available pursuant to this part are not less than the ize the Secretary to provide services to an (d) The Secretary shall by regulation pre- prevailing local wage rates for similar work Indian beneficiary with coverage under Title scribe the criteria for selecting urban Indian as determined in accordance with the Act XIX of the Social Security Act, as amended, organizations with which to contract pur- in preference to an Indian beneficiary with- suant to this title. Such criteria shall, among of March 3, 1921 (48 Stat. 1491), as amended. other factors, take into consideration- PART B-CONSTRUCTION OF SAFE WATER AND out such coverage. TITLE V-ACCESS TO HEALTH SERVICES (1) the extent of the unmet health care SANITARY WASTE DISPOSAL FACILI- needs of the urban Indian in the urban FOR URBAN INDIANS TIES center in question; SEC. 304. (a) For the purpose of reducing SEC. 501. The purpose of this tltle is to (2) the size of the urban Indian popula- health hazards, the Secretary is authorized encourage the establishment of outreach pro- tion which is to receive assistance; to expend, pursuant to Public Law 86-121, grams in urban areas to make health serv- (3) the relative accessibility which such $470,000,000 within a five fiscal year period ices more accessible to the urban Indian pop- population has to health care services in such following the enactment of this Act, in ac- ulation. urban center; cordance with the schedule provided in sub- SEC. 502. For the purpose of this title- (4) the extent, if any, that the project section (b), to supply unmet needs for safe (a) "Urban Indian" means any individual would duplicate any previous or current pub- water and sanitary waste disposal facilities who resides in an urban center and who is lic or private project funded by another in existing and new Indian homes and com- (1) an Indian as defined in section 4(a) of source in such urban center; this Act or (11) a person of Indian descent munities. (5) the appropriateness and likely effec- (b) The following amounts are authorized, who is considered ineligible for the special tiveness of a project assisted pursuant to this by fiscal year, for the purpose prescribed in programs and services of the Service and the title in such urban center; subsection (a) $90,000,000 in fiscal year Bureau of Indian Affairs and who, in accor- (6) the existence of an urban Indian or- 1975; $95,000,000 in fiscal year 1976; $95,000,- dance with regulations promulgated by the ganization capable of performing the activi- 000 in fiscal year 1977; $95,000,000 in fiscal Secretary which take into consideration such ties set forth in subsection (c) and of enter- year 1978; and $95,000,000 in fiscal year 1979. person's health needs, lack of access to health ing into a contract with the Secretary pur- (c) The Secretary is authorized and di- services, and other relevant factors, is identi- suant to this title; and rected to develop a plan, together with the fied as an appropriate recipient of assistance (7) the extent of existing or likely future Secretaries of Housing and Urban Devel- from an urban Indian organization in ac- participation of appropriate health and opment and the Interior, to assure that the cordance with the provisions of this title. health-related State, local, and other resource schedule provided for in subsection (b) will (b) An "urban Indian organization" is a agencies. be met. Such plan shall be submitted to the non-profit corporate body situated in an ur- SEC. 504 (a) Contracts with urban Indian Congress no later than ninety days from the ban center, composed of urban Indians, and organizations pursuant to this title shall be date of enactment of this Act. providing the maximum participation of all in accordance with all Federal contracting interested Indian groups, which body is cap- TITLE IV-ACCESS TO HEALTH laws and regulations except that, in the dis- able of legally cooperating with other bodies, cretion of the Secretary, such contracts may SERVICES Federal, State and local, for the purpose of be negotiated without advertising and need SEC. 401. (a) Notwithstanding any other performing the activities described in section not conform with the provisions of the Act provision of law, for the purpose of Title 503(c). of August 24, 1935 (49 Stat. 793), as amended. XVIII of the Social Security Act, as amend- (c) An "urban center" is any community (b) Payments under any contracts pur- ed, the Service facilities used to provide which has a sufficient urban Indian popula- suant to this Act may be made in advance health care and services to Indians are here- tion with unmet health needs to warrant as- or by way of reimbursement and in such in- by deemed to be accredited facilities, the sistance under this title, as determined by stallments and on such conditions as the services so provided shall be deemed to be the Secretary. Secretary deems necessary to carry out the provided by licensed practitioners in their SEC. The Secretary shall enter into purposes of this title. respective fields, and the facilities may re- contracts with urban Indian organizations to (c) Notwithstanding any provision of law ceive payment for such services on the same provide Federal assistance to such organi- to the contrary, the Secretary may, at the basis as other providers of service. zations for the purpose of establishing and request or consent of an urban Indian or- (b) The Secretary shall undertake to im- administering outreach programs to make ganization, revise or amend any contract prove and maintain such service facilities urban Indians in the urban centers in which made by him with such organization pur- such that they will, at a minimum, meet the such organizations are situated knowledge- suant to this title as necessary to carry out accreditation standards imposed on other able of the health service resources available the purposes of this title: Provided, how- providers of service. within such centers and the means of gaining ever, That whenever an urban Indian or- (c) Any payments received for services pro- access to those resources. ganization requests retrocession of the Secre- vided to beneficiaries hereunder shall be (b) Urban Indian organizations shall make tary for any contract entered into pursuant credited to the appropriation charged for the use of Federal assistance provided by con- to this title, such retrocession shall become actual provision of care and services and tracts pursuant to this title not to provide effective upon a date specified by the Secre- shall not be considered in determining ap- health services to urban Indians but to ren- tary not more than one hundred and twenty propriations for health care and services to der advice and consultation to such Indians days from the date of the request by the Indians. concerning the availability and means of organization or at such later date as may (d) Nothing herein authorizes the Secre- access to all public and private health serv- be mutually agreed to by the Secretary and tary to provide services to an Indian bene- ices. the organization. ficiary with coverage under Title XVIII of (c) The Secretary shall place such condi- (d) In connection with any contract made the Social Security Act, as amended, in pref- tlons as he deems necessary in any contract pursuant to this title, the Secretary may erence to an Indian beneficiary without such which he makes with any urban Indian orga- permit an urban Indian organization to uti- nization pursuant to this title. Such condi- coverage. lize, in carrying out such contract, existing SEC. 402. (a) Notwithstanding any other tions shall include, but are not limited to, facilities owned by the Federal Government provision of law, for the purpose of Title requirements that the organization success- within his jurisdiction under such terms and XIX of the Social Security Act, as amended, fully undertake the following tasks: conditions as may be agreed upon for their the Service facilities used to provide health (1) determine, in accordance with the reg- use and maintenance. care and services to Indians are hereby ulations promulgated pursuant to section (e) The contracts authorized under this deemed to be accredited facilities and the 502(a), the population of urban Indians title may include provisions for the perform- which are or could be recipients of such services so provided in these facilities are ance of personal services which would other- deemed to be provided by licensed practition- services; wise be performed by Federal employees: ers in their respective fields. (2) identify all public and private health Provided, That the Secretary shall not make service resources within the urban center any contract which would impair his ability (b) The Secretary is authorized to enter into agreements with the appropriate State in which the organization is situated which to discharge his trust responsibilities to any are or may be available to urban Indians; Indian tribe or individuals. agency for the purpose of receiving reim- (3) assist such resources in providing (f) Contracts with urban Indian organiza- bursement for health care and services pro- vided to Indians who are beneficiaries under service to such urban Indians; tions and regulations adopted pursuant to February 1, 1974 CONGRESSIONAL RECORD-SENATE 1063 this title shall include provisions to assure the programs established or assisted under NUMBER OF REGISTERED NURSES AND PHYSICIANS the fair and uniform provision by such or- this Act and shall submit to the Congress his INDIAN HEALTH SERVICES AND UNITED STATES, ALL ganizations of services and assistance to In- assessment thereof and recommendations of RACES dians in the conduct and administr tion of additional programs or additional assistance programs or activities under such contracts. necessary to, at a minimum, provide health Registered nurses Physicians SEC, 505. For each fiscal year during which services to Indians, and ensure a health an urban Indian organization receives or ex- status for Indians, which is at a parity with Rate per Rate per Num- 100,000 Num- 100,000 pends funds pursuant to a contract under the health services available to, and the ber ber this ttile, the organization which requested health status of. the general population. IHS United IHS United SEC. 602. The Secretary may prescribe such Year staff IHS States staff IHS States 2 such contract or grant shall submit to the Secretary a report including information regulations as he deems necessary to carry out the purposes of this Act. Such regula- 1971 1,073 228 356 458 98 170 gathered pursuant to 503(c) (6) and (7). in- tions shall provide the opportunity for max- 1970 1,007 219 347 449 93 166 formation on activities conducted by the or- 1969 981 217 338 425 94 163 ganization pursuant to the contract. an ac- imum participation of Indians in the plan- 1968 984 222 331 392 88 161 ning and implementation of Indian health 1967 930 213 325 357 82 158 counting of the amounts and purposes for 1966 909 212 319 335 78 156 which Federal funds were expended, and programs. 1964 913 222 306 299 73 151 such other information as the Secretary may SEC. 603. The funds appropriated pursuant 1962 875 221 298 256 65 NA request. The reports and records of the urban to this Act shall remain available until ex- 1960 809 213 282 216 57 148 pended. 1958 828 229 268 209 58 NA Indian organization with respect to such 1956 790 230 259 195 57 NA contract or grant shall be subject to audit bv the Secretary and the Comptroller General HEALTH MANPOWER STATISTICS I Facts about Nursing. of the United States. The number of Indian Health Service phy- 2 Health Resources Statistics, 1971. SEC. 506. There are authorized to be appro- sicians and registered nurses per 100.000 per- 3 Estimated. sons served by the Indian Health Service has NA-Not available. priated for the purpose of this title $3,000,- 000 for the fiscal year 1975: $4,000,000 for the continually lagged behind the rate for the INFANT DEATH RATES BY AGE fiscal year 1976; and $5,000,000 for the fiscal United States. The 1971 Indian and Alaska native infant year 1977. A degree of success has been shown in clos- SEC. 507. Within six months after the end ing the gap between the physician rates for death rate is 24 percent higher than the the Indian Health Service and the United provisional U.S. all races rate for 1971. The of fiscal year 1976. the Secretary shall re- States all races. The number of physicians Indian and Alaska native infant death rate view the program established under this title per 100 000 population in 1971 in the Indian was 65 percent higher than the U.S. all and shall submit to the Congress his assess- Health Service was 58 percent of the U.S. races rate in 1966. Thus, we have seen con- ment thereof and recommendations for any rate. In 1960 the IHS rate was less than 40 siderable improvement in the Indian and further legislative efforts he deems necessary to meet the purposes of this title. percent of the U.S. rate. Alaskan native infant death rate just since The rate for registered nurses within the 1966. TITLE VI-MISCELLANEOUS IHS has remained almost constant since 1967. The neonatal death rate for the Indian and SEC. 601. The Secretary shall report an- The range during this period was from a Alaska native is below that of the U.S. How- nually to the President and the Congress on low of 213 registered nurses per 100,000 popu- ever, the postneonatal rate is over 2.3 times progress made in effecting the purposes of lation in 1967 to a high of 230 in 1956. The the U.S. rate. This ratio, however, is improv- this Act. Within three months after the end rate for the United States has experienced a ing. In 1966 the Indian and Alaska native of fiscal year 1978, the Secretary shall review continual increase from 1956 through 1971. rate was 3.3 times the U.S. rate. INFANT DEATH RATES BY AGE AT DEATH INDIANS AND ALASKA NATIVES AND UNITED STATES, ALL RACES [Rates per 1,000 live births] Neonatal Postneo- Neonatal Postneo- Infant natal, Infant natal, death Under 1 to 6 7 to 27 28 days death Under 1 to 6 7 to 27 28 days rate Total 1 day days days o 11 mo. rate Total 1 day days days to 11 mo. Indians and Alaska Natives: United States, all races: 1971 23 8 12 5 7.4 3.4 1.7 11.4 1971 19.2 14.3 NA NA NA 4.9 1970 NA NA NA NA NA NA 1970 19.8 14.9 NA NA NA 5.0 1969 NA NA NA NA NA NA 1969 20.7 15.4 NA NA NA 5.4 1968 30.9 14.4 7.9 4.1 2.4 16.5 1968 21.8 16.1 9.5 5.1 1.5 5.7 1967 32.2 15.3 8.4 5.1 1.8 16.9 1967 22.4 16.5 9.6 5.3 1.6 5.9 1966 39.0 17.3 9.0 5.6 2.7 21.7 1966 23.7 17.2 10.0 5.6 1.6 6.5 1 Provisional, Monthly Vital Statistics Report, NCHS, vol 20, No. 11. NA- Not available. MEDICAL CARE COST fees, hospital daily charges, and drugs and hospital daily charges 66 percent, and drugs The consumer price index for medical care prescriptions costs increased; physician fees and prescriptions 6 percent. shows a continuous upward trend. Physician were 32 percent above the base year 1967, CONSUMER PRICE INDEX FOR URBAN WAGE EARNERS AND CLERICAL WORKERS, U.S. CITY AVERAGE [1967=100¹] Medical care Physicians' fees Hospital daily services charges Drugs and prescriptions Septem- Decem- Septem- Decem- Septem- Decem- Septem- Decem- Year March June ber ber March June ber ber March June ber ber March June ber ber 1961 80.8 81.4 81 9 82 3 78.3 78.9 79.4 80.2 58.9 60.8 61.8 62.7 103.4 103.7 103.1 102.7 1962 83.1 83.7 83.9 84.3 80 8 81.3 81.7 82.2 64.3 64.7 65.5 66.1 102.3 102.1 101.0 100.0 1963 84.9 85.7 86.0 86.2 82.9 831 83.4 83.8 68.1 68.9 69.8 70.4 100.8 100.8 100.8 100.0 1964 86.8 87.3 87.6 88.0 85.0 86.3 71.7 72.3 73.0 73.7 100.7 100.2 1965 88.8 89.4 89.8 90.5 88.0 88.7 89.6 75.4 76.2 77.4 78.5 100.2 100.0 100.2 1966 91.7 92.9 94.7 96.5 91.2 93.0 95.1 96.6 80.4 82.1 86.3 91.5 100.5 100.7 100.6 100.4 1967 98.5 99.7 101.3 102.7 98.5 99.8 101.3 102.5 97.1 100.0 102.0 105.6 100.1 99.8 100.0 100.2 1968 104.5 105.6 107.1 109.1 104.1 105.3 106.5 108.4 109.9 112.2 115.8 119.6 100.3 100.1 100.1 100.0 1969 111. € 113.5 115.3 115.7 110.9 113.0 114.8 116.3 124.5 126.8 130.9 133.9 100.9 101.4 101.4 101.7 1970 118.2 120.5 122.6 124.2 119.0 121.6 123.3 125.7 139.4 142.1 147.5 152.0 102.5 103.8 104.3 104.2 1971 126.8 128.6 130.4 130 1 128.0 129.9 131.5 132.2 157.1 160.5 164.4 165.5 104.9 105.7 105.7 105.0 1972 131.4 132.4 133.1 134.4 132.9 133.9 134.4 135.4 NA NA NA NA 105.7 105.8 105.7 105. DENTAL SERVICES PROVIDED BY AGE Estimated services required for the Indian 3-19 years and 46 percent of the population In fiscal year 1972, 72 percent of the re- and Alaska native population in fiscal year over age 20. The IHS dental program provided quired services in the age group 5-14 were 1972 was over 2 million. The percentage less than 60.2 percent of the needed services provided. This age group has historically seen of required services provided was 40.3. the highest percentage of required services It is estimated that a total dental pro- for Indian children less than 20 years of age provided. The percentage decreased with each gram should provide comprehensive dental and only 18.9 percent of the services needed successive age group. services to 70-80 percent of the population for the Indian population age 20 and over. 1064 CONGRESSIONAL RECORD SENATE February 1, 1974 PERCENT OF ESTIMATED REQUIRED DENTAL SERVICES PROVIDED, FISCAL YEAR 1972 Services Services Services Services required Indian Estimated provided Percent of required Indian Estimated provided Percent of per health services direct required per health services direct required person service required in and services person service required In and service Age group (in years) examined population population contract provided Age group (in years) examined population population contract provided All ages 8.06 469,632 2,098,215 844,724 40.3 25 to 34 10.72 52,148 279,513 63,727 22.8 Under 5 6.66 61,287 102,042 41,596 40.8 35 to 44 11.29 43,192 243.818 39,387 162 5 to 9 6.45 70,698 364,801 268,554 73.6 45 to 54 11.57 33,997 177,005 24,927 15.1 10 to 14 5.72 66,800 305,676 214,057 70.0 55 to 64 11.19 27,135 121,456 14,267 11. 15 to 19 7.03 53,172 261,659 119,883 45.8 65 to 74 10.91 18,086 59,195 6,603 11. 2 20 to 24 9.80 33,057 161,979 49,615 30.6 75 and over 10.47 10,060 21,065 2,108 10.0 INFANT DEATHS by 1971. Concurrently, the U.S. general popu- to 1.24 times the U.S. rate. The Alaska Native The infant death rate among Indians and lation experienced a drop of 27.3 percent. The rate has consistently exceeded the Indian Alaska Natives declined 61.9 percent between 1955 Indian and Alaska Native infant death rate. In 1971 the Alaska Native rate was 17 1955 and 1971. The 1955 rate of 62.5 had been rate was 2.37 times the U.S. All Races rate. percent higher than the Indian rate. reduced to 23.8 deaths per 1,000 live births By 1971 the Indian rate had been reduced INFANT DEATHS AND DEATH RATES INDIAN AND ALASKA NATIVES IN 24 RESERVATION STATES AND UNITED STATES ALL RACES, CALENDAR YEARS 1955-71 [Rates per 1,000 live births] Indian and United States Indian and United States Alaska Native Indian Alaska Native all races Alaska Native Indian Alaska Native all races Year Number Rate Number Rate Number Rate Number Rate Year Number Rate Number Rate Number Rate Number Rate 1971 56) 23.8 513 23.5 47 27.4 NA 219.2 1962 967 44.2 827 41.8 140 66.8 105,479 25. 1970 570 NA 523 NA 47 NA NA 2 19.8 1961 961 44.4 827 42.3 134 64.0 107,956 25.3 1969 570 NA 533 NA 46 NA 75,073 21.5 1960 1,064 50.3 914 47.6 150 76.3 110,873 26.0 1968 668 30.9 606 30.2 62 40.4 76,263 L1.8 1959 1,016 49.5 870 46.7 146 76.7 112,008 26.4 1967 666 32.2 571 30.1 95 55.6 79,028 22.4 1958 1,123 58.0 983 56.7 134 69.0 113,789 26.1 1966 822 39.0 722 37.7 100 51.4 85,516 23.7 1957 1,136 60.4 989 58.2 147 80.2 112,094 26.3 1965 872 39.0 740 36.4 132 65.4 92.866 24.7 1956 1,066 59.4 900 56.1 166 87.0 108,183 26.0 1964 856 37.6 747 35.9 109 54.8 99,783 24.8 1955 1.065 62.5 936 61.2 129 74.8 106,903 26.4 1963 972 43.6 864 42.9 108 50.7 103,390 25.2 Estimated. 2 Provisional, Monthly Vital Statistics Report, NCHS, vol. 20, No. 12. TUBERCULOSIS DEATHS AND DEATH RATES 1956 period, and the Alaska Native rate was figure of 2.1 in 1971. As a result, the com- Tuberculosis death rates for Indians and only 1/16 as high RS it had been in the 1954- bined Indian and Alaska Native rate, which Alaska Natives, combined, declined about 86 1956 period. Concurrently, there was a decline was 6.1 times the U.S. rate in 1955, was still percent from 1955 to 1971. In 1971 the Indian in the U.S. All Races rate from 9.1 deaths per 3.7 times as high in 1971. rate was about 1/6 what it was in the 1954- 100,000 population in 1955 to a provisional TUBERCULOSIS MORTALITY- INDIANS AND ALASKA NATIVES IN 24 RESERVATION STATES AND UNITED STATES, ALL RACES CALENDAR YEARS 1955 TO 1971, RATES PER 100,000 POPULATION Ratio Ratio Indian Indian and and Indian and United States, Alaska Indian and United States, Alaska Alaska Native Indian Alaska Native all races Native Alaska Native Indian Alaska Native all races Native to United to United Number Number Number Number States, all Number Number Number Number States, all Year of deaths Rate of deaths Rate of deaths Rate of deaths Rate races Year of deaths Rate of deaths Rate of deaths Rate of deaths Rate races 1971 56 7.8 51 7.6 5 9.7 24,380 22.1 3.7 1962 150 26.0 137 25.3 13 34.0 9,506 5.1 5.1 1970 NA NA NA NA NA NA 25,560 22.7 NA 1961 120 25.4 105 24.5 15 34.8 9,938 5.4 4.7 1969 86 12.6 82 13.0 4 8.0 5,567 2.8 4.5 1960 115 26.6 98 25.1 17 43.1 10,866 6.1 4.3 1968 78 12.8 71 12.8 7 12.9 6,292 3.1 4.1 1959 163 29.0 140 27.9 23 41.8 11,456 6.5 4.5 1967 90 13.5 82 13.4 8 14.3 6,901 3.5 3.9 1958 150 34.3 138 31.5 12 65.1 12,361 7.1 4.8 1966 91 15.3 85 15.4 6 15.3 7,625 3.9 3.9 1957 186 38.2 134 34.2 43 83.3 13,324 7.8 4.9 1965 104 19.0 96 19.3 8 16.0 7,934 4.1 4.6 1956 212 46.2 171 40.2 41 116,8 14,054 8.4 5.5 1964 111 21.8 103 21.6 8 24.0 8,303 4.3 5.1 1955 253 55.1 208 47.3 45 157.5 14,940 9.1 6.1 1963 130 25.1 114 24.8 16 28.5 9,311 4.9 5.1 1 Indian and Alaska Native rates are 3-year averages through 1968. All other rates are based on 2 Provisional figures -Monthly Vital Statistics Report. single year data. NA Not available. INDIAN AND ALASKA NATIVE ADMISSIONS This Is five times as many visits as reported PHS Indian Contract Admissions to IHS and contract hospitals in 1955. Outpatient visits to field clinics have Fiscal year Total hospitals hospitals have experlenced an upward trend since increased almost tenfold during the period 1955. Admissions for fiscal year 1972 are more 1955-1972. than double the admissions reported in 1955. 1968 92,186 68,086 24,100 1967 Admissions to contract hospitals have in- 89,556 65,456 24,100 NUMBER OF OUTPATIENT MEDICAL VISITS 1 TO PHS INDIAN 1966 91,799 67,049 24,750 creased more rapidly than for IHS facilities. HOSPITALS AND FIELD HEALTH CLINICS, FISCAL YEARS 1965 91,744 67,744 24,000 The rate of increase for IHS hospitals has 1964 89,934 65,934 24,000 1955-72 been 77.9 percent as contrasted to a 257.9 1963 87,549 64,749 22,800 1962 81,476 59,976 21,500 percent increase in contract hospital admis- 1961 74,313 54,313 20,000 Field sions. 1960 76,754 56,874 19,880 Fiscal year Total Hospitals clinics 1959 73,268 54,568 18,700 NUMBER OF ADMISSIONS TO PHS INDIAN AND CONTRACT 1958 71,859 55,649 16,210 1957 66,455 53,160 13,295 1972 2,235,881 1,275,726 960,155 HOSPITALS, FISCAL YEARS 1955-72 1956 57,975 46,218 11,757 1971 2,195,240 1,202,030 993,210 1955 50,143 42,762 7,531 1970 1,786,920 1,068,820 718,100 1969 1,661,500 982,300 679,200 PHS Indian Contract 1968 1,575,440 926,640 648,800 Fiscal year Total hospitals hospitals 1967 1,494,600 OUTPATIENT VISITS 849,800 644,800 1966 1,367,000 788,500 578,500 Outpatient visits to IHS Hospitals, Health 1965 1,325,400 757,700 567,700 1972 102,472 76,054 26,418 Centers, and Field Stations have increase 1 1964 1,295,000 742,400 552,600 1971 94,945 70,729 24,216 1963 1970 each year since fiscal year 1955. Total out- 1,271,400 721,700 549,700 92,710 67,877 24,833 1962 1,142,300 673,200 469,100 1969 94,490 69,560 24,930 patient visits in fiscal year 1972 was 2,235,881. 1961 1,022,600 628,700 393,900 February 1, 1974 CONGRESSIONAL RECORD SENATE S 1065 ment of Health, Education, and Wel- The decline in deaths from tuberculosis, Field Fiscal year Total Hospitals fare to contract the services and pro- diseases of infancy, influensa, pneumonia clinics grams of the Indian Health Service to and gastro-intestinal illnesses has been dramatic. Strides also have been made in cor- 1960 404,400 tribal organizations. But if we are to 1 989,500 585,100 recting environmental deficiencies such AS 1959 957,900 546,900 411,000 realize, to the fullest, the opportunity inadequate housing and water and sewage 1958 900,000 533,440 366,500 which exists under the contracting pro- disposal facilities, that give rise to a high 1957 650,000 510,000 140,000 1956 * 540,860 415,860 125,000 visions of S. 1017. we must develop In- incidence of disease and premature deaths. 1955 455,000 355,000 100,000 dian personnel who can manage such But Dr. Johnson also notes that: programs and individuals who can serve those who are in need of health serv- Although the gap has narrowed between 1 Excludes visits for dental services. 2 Estimate. the Indian and Alaska Native state of health $ Decreased because of underreporting of grouped services. ices. and that of the rest of the Nation, it is still President Nixon, in his Indian mes- far below national standards. Infant death TUBERCULOSIS MORBIDITY sage of July 8, 1970, reminded us of the rates are 1.4 times higher than the U.S. all The incidence rate for tuberculosis for the problem facing Indian control of health races rate, gastroenteric death rate is 4 Indian and Alaska Native has declined 79 programs and facilities when he noted: times higher, and the incidence of tubercu- percent since 1955. The U.S. All Races rate These and other Indian health programs losis is 8 times as high. has declined 72 percent during the same pe- will be most effective if more Indians are riod. The Indian and Alaska Native rate in There are obviously still many chal- involved in running them. Yet-almost un- 1971 was 9.3 times the U.S. All Races rate. lenges confronting the Indian Health believably-we are presently able to identify The 1955 ratio was 12.6. Service. There is a need to combat a wide in this country only 30 physicians and fewer The rates shown prior to 1962 include some than 400 nurses of Indian descent. range of serious diseases such as otitis newly reported inactive cases while the later media, alcoholism, mental illness, and years are for newly reported active cases only. It is my personal hope that through nutritional problems. In addition, there However, the trends mentioned are not af- this legislation we will reverse such de- is also a need for expanded sanitation fected. pressing statistics and report by the end programs and other endeavors to build TUBERCULOSOS MORBIDITY of the decade a substantial increase in a lasting preventive health care program (Rates per 100,000 population] the number of Indian doctors, nurses, so that our Indian citizens can be re- administrators, and other allied health lieved of the afflictions of disease and Indian and United personnel serving our Indian people. illness. Calendar Alaska Alaska States Yet beyond the long range effort to de- It is in this context that the IHS ap- year Natives Indian Native all races velop Indian health personnel there is pears as the chief instrument through the immediate need to ease the shortage which a whole range of health services 1971 157. 152.0 200.3 17.0 in doctors and other trained personnel. 1970 154.1 154.1 154.0 18.3 can be delivered. Yet, the time has come 1969 140.8 141.6 134.3 19.1 When the military draft was in exist- to redesign that instrument to give it 1968 133.8 128.0 179.1 21.3 ence, the Indian Health Service found 1967 the strength to meet the continuing 155.8 152.7 179.8 23.0 1966 141.7 127.8 247.8 24.4 itself with a number of young health pro- challenges of providing an environment 1965 201.5 160.5 507.8 25.3 fessionals wanting to serve reservation and a system which will promote better 1964 237.8 184.1 630.2 26.6 1963 234.0 192.3 534.9 28.7 health facilities. In 1969, for example, health and better health care. 1962 257.7 209.4 604.7 28.9 over 3,000 medical students sought Pub- I am pleased to join in this major 1961 318. 8 284.8 562.8 37.0 lic Health Service jobs with many indi- 1960 322.4 292.3 547.5 39.4 legislative endeavor, and our goal must 1959 418.0 338.2 1,048.0 42.6 cating that they would serve in the In- be the goal that Dr. Johnson set out 1958 485.0 421.8 978.7 47.5 dian Health Service program. In 1973, 1957 565.2 during his testimony on the 1974 IHS 426.9 1,649.7 51.0 1956 680.6 474.3 2,283.8 54.1 however, with the elimination of the appropriations request when he stated 1955 758. 563.2 2,225.7 60.1 draft, the number of applications had that: dropped to 500 with 525 slots available The future of the Indian Health Service 1 Provisional. in the Indian Health Service facilities. lies in expanded Indian community develop- What makes the situation even worse is ment, increased meaningful involvement of Mr. FANNIN. Mr. President, I am that many of the current professionals Indian people, and a responsive high quality pleased to join with my distinguished col- will be ending their 2-year commitment comprehensive health care system. leagues, Senator JACKSON and Senator in 1974, thus causing even further short- Our commitment is to identify and mo- BARTLETT, in introducing this vital piece bilize all available Federal, State and private ages. This problem is a critical one, es- of legislation. The health of our Indian resources, and through effective management pecially when one considers that there citizens has long been of concern to me processes to develop those resources to max- were 2.2 million outpatient visits in 1972 imum potential. As we continue to evolve in and this legislation will, I believe, mark alone. Without replacements valuable this direction, we look forward to a signifi- a new beginning in our Indian health health services may need to be cut. Thus, cantly improved health status for Indian programs. It also represents a renewal of this legislation has an immediate prob- and Alaska Native people. our long-standing commitment to the lem to solve; one that will not be easily Indian people to provide a program of resolved, but which cannot be ignored. quality health services. Another basic objective of this legis- This legislation is significant because lation is to provide increased resources its objective is to redraw the legislative to meet the backlog in construction of authority of the Indian Health Service health facilities. While the Federal Gov- so that it can meet the contemporary ernment has made a major effort to meet needs of the Indian people. It has become the physical plant needs of the Indian increasingly clear that the existing au-, Health Service, there are still many fa- thority of the Indian Health Service is cilities which need substantial renovation no longer capable of meeting the ever and expansion. There is also a need for pressing health problems of its clients new facilities, not only hospitals, but out- and clearly needs new tools, resources, patient clinics as well. The need for qual- and innovative programs to meet those ity facilities is becoming increasingly needs. That is the basic purpose of this critical as the Joint Committee on Ac- bill. creditation of Hospitals has reported that In addition, this legislation seeks to of the 51 IHS facilities, only 22 percent meet the objective of Indian self-deter- are accredited. Clearly there is need to mination by developing a program which correct such a deficiency and it is the will serve to increase the number of In- objective of this bill that such deficien- dian health personnel. Earlier this week cies be removed. the Senate Interior and Insular Affairs Since the organization of the Indian Committee ordered reported S. 1017, The Health Service in 1955 a number of seri- Indian Self-Determination and Educa- ous health problems have been resolved. tional Reform Act, which provides au- According to Dr. Emery Johnson, the DI- thority to the Secretary of the Depart- rector of the Indian Health Service: OFFICE OF MANAGEMENT AND BUDGET ROUTE SLIP Take necessary action TO Mr. Patterson Approval or signature Room 182 - EOB Comment Prepare reply Discuss with me For your information See remarks below FROM Jim Stimpson (3736) DATE Apr. 8, 1974 REMARKS Attached for your review is a copy of proposed HEW testimony on S. 2938, the Indian Health Care Improvement Act, scheduled for delivery on Thursday, April 11. I would appreciate receiving your comments as early as possible. (Please call me or Name Aweeney X 3881) SPECIAL SERVICE OMB FORM 4 REV AUG 70 985h EMBARGOED FOR RELEASE February 6, 1974 UNTIL 12:00 PM, EDT Office of the White House Press Secretary THE WHITE HOUSE TO THE CONGRESS OF THE UNITED STATES: One of the most cherished goals of our democracy is to assure every American an equal opportunity to lead a full and productive life. In the last quarter century, we have made remarkable progress toward that goal, opening the doors to millions of our fellow countrymen who were seeking equal opportuni- ties in education, jobs and voting. Now it is time that we move forward again in still another critical area: health care. Without adequate health care, no one can make full use of his or her talents and opportunities. It is thus just as important that economic, racial and social barriers not stand in the way of good health care as it is to eliminate those barriers to a good education and a good job. Three years ago, I proposed a major health insurance program to the Congress, seeking to guarantee adequate financing of health care on a nationwide basis. That proposal generated widespread discussion and useful debate. But no legislation reached my desk. is FORD Today the need is even more pressing because of the HEALD higher costs of medical care. Efforts to control medical costs under the New Economic Policy have been met with encouraging success, sharply reducing the rate of infla- tion for health care. Nevertheless, the overall cost of health care has still risen by more than 20 percent in the last two and one-half years, so that more and more Americans face staggering bills when they receive medical help today: --- Across the Nation, the average cost of a day of hospital care now exceeds $110. --- The average cost of delivering a baby and providing postnatal care approaches $1,000. -- The average cost of health care for terminal cancer now exceeds $20,000. For the average family, it is clear that without adequate insurance, even normal care can be a financial burden while a catastrophic illness can mean catastrophic debt. Beyond the question of the prices of health care, our present system of health care insurance suffers from two major flaws: more 2 First, even though more Americans carry health in- surance than ever before, the 25 million Americans who remain uninsured often need it the most and are most unlikely to obtain it. They include many who work in seasonal or transient occupations, high-risk cases, and those who are ineligible for Medicaid despite low incomes. Second, those Americans who do carry health insurance often lack coverage which is balanced, comprehensive and fully protective: -- Forty percent of those who are insured are not covered for visits to physicians on an out-patient basis, a gap that creates powerful incentives toward high-cost care in hospitals; -- Few people have the option of selecting care through prepaid arrangements offered by Health Maintenance Organizations so the system at large does not benefit from the free choice and creative competition this would offer; -- Very few private policies cover preventive services; -- Most health plans do not contain built-in incentives to reduce waste and inefficiency. The extra costs of waste- ful practices are passed on, of course, to consumers; and -- Fewer than half of our citizens under 65 -- and almost none over 65 -- have major medical coverage which pays for the cost of catastrophic illness. These gaps in health protection can have tragic con- sequences. They can cause people to delay seeking medical attention until it is too late. Then a medical crisis ensues, followed by huge medical bills -- or worse. Delays in treatment can end in death or lifelong disability. Comprehensive Health Insurance Plan (CHIP) Early last year, I directed the Secretary of Health, Education, and Welfare to prepare a new and improved plan for comprehensive health insurance. That plan, as I indicated in my State of the Union message, has been developed and I am presenting it to the Congress today. I urge its enactment as soon as possible. The plan is organized around seven principles: First, it offers every American an opportunity to obtain a balanced, comprehensive range of health insurance benefits; Second, it will cost no American more than he can afford to pay; Third, it builds on the strength and diversity of our existing public and private systems of health financing and harmonizes them into an overall system; Fourth, it uses public funds only where needed and requires no new Federal taxes; Fifth, it would maintain freedom of choice by patients and ensure that doctors work for their patient, not for the Federal Government. more 3 Sixth, it encourages more effective use of our health care resources; And finally, it is organized so that all parties would have a direct stake in making the system work --- consumer, provider, insurer, State governments and the Federal Government. Broad and Balanced Protection for All Americans Upon adoption of appropriate Federal and State legislation, the Comprehensive Health Insurance Plan would offer to every American the same broad and balanced health protection through one of three major programs: -- Employee Health Insurance, covering most Americans and offered at their place of employment, with the cost to be shared by the employer and employee on a basis which would prevent excessive burdens on either; -- Assisted Health Insurance, covering low-income persons, and persons who would be ineligible for the other two programs, with Federal and State government paying those costs beyond the means of the individual who is insured; and, -- An improved Medicare Plan, covering those 65 and over and offered through a Medicare system that is modified to include additional, needed benefits. One of these three plans would be available to every American, but for everyone, participation in the program would be voluntary. The benefits offered by the three plans would be identical for all Americans, regardless of age or income. Benefits would be provided for: -- hospital care; -- physicians' care in and out of the hospital; -- prescription and life-saving drugs; -- laboratory tests and X-rays; --- medical devices; -- ambulance services; and, -- other ancillary health care. There would be no exclusions of coverage based on the nature of the illness. For example, a person with heart disease would qualify for benefits as would a person with kidney disease. In addition, CHIP would cover treatment for mental illness, alcoholism and drug addiction, whether that treatment were provided in hospitals and physicians' offices or in community-based settings. more 4 Certain nursing home services and other convalescent services would also be covered. For example, home health services would be covered so that long and costly stays in nursing homes could be averted where possible. The health needs of children would come in for special attention, since many conditions, if detected in childhood, can be prevented from causing lifelong disability and learning handicaps. Included in these services for children would be: -- preventive care up to age six; -- eye examinations; -- hearing examinations; and, -- regular dental care up to age 13. Under the Comprehensive Health Insurance Plan, a doctor's decisions could be based on the health care needs of his patients, not on health insurance coverage. This difference is essential for quality care. Every American participating in the program would be insured for catastrophic illnesses that can eat away savings and plunge individuals and families into hopeless debt for years. No family wouldever: have annual out-of-pocket expenses for covered health services in excess of $1,500, and low-income families would face substantially smaller expenses. As part of this program, every American who participates in the program would receive a Healthcard when the plan goes into effect in his State. This card, similar to a credit card, would be honored by hospitals, nursing homes, emergency rooms, doctors, and clinics across the country. This card could also be used to identify information on blood type and sensitivity to particular drugs --- information which might be important in an emergency. Bills for the services paid for with the Healthcard would be sent to the insurance carrier who would reimburse the provider of the care for covered services, then bill the patient for his share, if any. The entire program would become effective in 1976, assuming that the plan is promptly enacted by the Congress. How Employee Health Insurance Would Work Every employer would be required to offer all full-time employees the Comprehensive Health Insurance Plan. Additional benefits could then be added by mutual agreement. The insur- ance plan would be jointly financed, with employers paying 65 percent of the premium for the first three years of the plan, and 75 percent thereafter. Employees would pay the balance of the premiums. Temporary Federal subsidies would be used to ease the initial burden on employers who face significant cost increases. Individuals covered by the plan would pay the first $150 in annual medical expenses. A separate $50 deductible provision would apply for out-patient drugs. There would be a maximum of three medical deductibles per family. more 5 After satisfying this deductible limit, an enrollee would then pay for 25 percent of additional bills. However, $1,500 per year would be the absolute dollar limit on any family's medical expenses for covered services in any one year. How Assisted Health Insurance Would Work The program of Assisted Health Insurance is designed to cover everyone not offered coverage under Employee Health Insurance or Medicare, including the unemployed, the dis- abled, the self-employed, and those with low incomes. In addition, persons with higher incomes could also obtain Assisted Health Insurance if they cannot otherwise get coverage at reasonable rates. Included in this latter group might be persons whose health status or type of work puts them in high-risk insurance categories. Assisted Health Insurance would thus fill many of the gaps in our present health insurance system and would ensure that for the first time in our Nation's history, all Americans would have financial access to health protection regardless of income or circumstances. A principal feature of Assisted Health Insurance is that it relates premiums and out-of-pocket expenses to the income of the person or family enrolled. Working families with incomes of up to $5,000, for instance, would pay no premiums at all. Deductibles, co-insurance, and maximum liability would all be pegged to income levels. Assisted Health Insurance would replace State-run Medicaid for most services. Unlike Medicaid, where benefits vary in each State, this plan would establish uniform benefit and eligibility standards for all low-income persons. It would also eliminate artificial barriers to enrollment or access to health care. As an interim measure, the Medicaid program would be continued to meet certain needs, primarily long-term institutional care. I do not consider our current approach to long-term care desirable because it can lead to over- emphasis on institutional as opposed to home care. The Secretary of Health, Education, and Welfare has undertaken a thorough study of the appropriate institutional services which should be included in health insurance and other programs and will report his findings to me. Improving Medicare The Medicare program now provides medical protection for over 23 million older Americans. Medicare, however, does not cover outpatient drugs, nor does it limit total out-of-pocket costs. It is still possible for an elderly person to be financially devastated by a lengthy illness even with Medicare coverage. I therefore propose that Medicare's benefits be improved so that Medicare would provide the same benefits offered to other Americans under Employee Health Insurance and Assisted Health Insurance. more 6 Any person 65 or over, eligible to receive Medicare payments, would ordinarily, under my modified Medicare plan, pay the first $100 for care received during a year, and the first $50 toward out-patient drugs. He or she would also pay 20 percent of any bills above the deductible limit. But in no case would any Medicare beneficiary have to pay more than $750 in out-of-pocket costs. The premiums and cost sharing for those with low incomes would be reduced, with public funds making up the difference. The current program of Medicare for the disabled would be replaced. Those now in the Medicare for the disabled plan would be eligible for Assisted Health Insurance, which would provide better coverage for those with high medical costs and low incomes. Premiums for most people under the new Medicare program would be roughly equal to that which is now payable under Part B of Medicare --- the Supplementary Medical Insurance program. Costs of Comprehensive Health Insurance When fully effective, the total new costs of CHIP to the Federal and State governments would be about $6.9 billion with an additional small amount for transitional assistance for small and low wage employers: -- The Federal Government would add about $5.9 billion over the cost of continuing existing programs to finance health care for low-income or high risk persons. --- State governments would add about $1.0 billion over existing Medicaid spending for the same purpose, though these added costs would be largely, if not wholly offset by reduced State and local budgets for direct provision of services. -- The Federal Government would provide assistance to small and low wage employers which would initially cost about $450 million but be phased out over five years. For the average American family, what all of these figures reduce to is simply this: -- The national average family cost for health insurance premiums each year under Employee Health Insurance would be about $150; the employer would pay approximately $450 for each employee who participates in the plan. -- Additional family costs for medical care would vary according to need and use, but in no case would a family have to pay more than $1,500 in any one year for covered services. -- No additional taxes would be needed to pay for the cost of CHIP. The Federal funds needed to pay for this plan could all be drawn from revenues that would be generated by the present tax structure. I am opposed to any comprehensive health plan which requires new taxes. more 7 Making the Health Care System Work Better Any program to finance health care for the Nation must take close account of two critical and related problems -- cost and quality. When Medicare and Medicaid went into effect, medical prices jumped almost twice as fast as living costs in general in the next five years. These programs increased demand without increasing supply proportionately and higher costs resulted. This escalation of medical prices must not recur when the Comprehensive Health Insurance Plan goes into effect. One way to prevent an escalation is to increase the supply of physicians, which is now taking place at a rapid rate. Since 1965, the number of first-year enrollments in medical schools has increased 55 percent. By 1980, the Nation should have over 440,000 physicians, or roughly one-third more than today. We are also taking steps to train persons in allied health occupations, who can extend the services of the physician. With these and other efforts already underway, the Nation's health manpower supply will be able to meet the additional demands that will be placed on it. Other measures have also been taken to contain medical prices. Under the New Economic Policy, hospital cost increases have been cut almost in half from their post- Medicare highs, and the rate of increase in physician fees has slowed substantially. It is extremely important that these successes be continued as we move toward our goal of comprehensive health insurance protection for all Americans. I will, therefore, recommend to the Congress that the Cost of Living Council's authority to control medical care costs be extended. To contain medical costs effectively over the long haul, however, basic reforms in the financing and delivery of care are also needed. We need a system with built-in incentives that operates more efficiently and reduces the losses from waste and duplication of effort. Everyone pays for this inefficiency through their health premiums and medical bills. The measure I am recommending today therefore contains a number of proposals designed to contain costs, improve the efficiency of the system and assure quality health care. These proposals include: 1. Health Maintenance Organizations (HMO's) On December 29, 1973, I signed into law legislation designed to stimulate, through Federal aid, the establish- ment of prepaid comprehensive care organizations. HMO's have proved an effective means for delivering health care and the CHIP plan requires that they be offered as an option for the individual and the family as soon as they become available. This would encourage more freedom of choice for both patients and providers, while fostering diversity in our medical care delivery system. more (OVER) 8 2. Professional Standards Review Organizations (PSRO's) I also contemplate in my proposal a provision that would place health services provided under CHIP under the review of Professional Standards Review Organizations. These PSRO's would be charged with maintaining high standards of care and reducing needless hospitalization. Operated by groups of private physicians, professional review organizations can do much to ensure quality care while helping to bring about significant savings in health costs. 3. More Balanced Growth in Health Facilities Another provision of this legislation would call on the States to review building plans for hospitals, nursing homes and other health facilities. Existing health insur- ance has overemphasized the placement of patients in hospitals and nursing homes. Under this artificial stimulus, institutions have felt impelled to keep adding bed space. This has produced a growth of almost 75 percent in the number of hospital beds in the last twenty years, so that now we have a surplus of beds in many places and a poor mix of facilities in others. Under the legislation I am submitting, States can begin remedying this costly imbalance. 4. State Role Another important provision of this legislation calls on the States to review the operation of health insurance carriers within their jurisdiction. The States would approve specific plans, oversee rates, ensure adequate disclosure, require an annual audit and take other appropriate measures. For health care providers, the States would assure fair reimbursement for physician services, drugs and institutional services, including a prospective reimbursement system for hospitals. A number of States have shown that an effective job can be done in containing costs. Under my proposal all States would have an incentive to do the same. Only with effective cost control measures can States ensure that the citizens receive the increased health care they need and at rates they can afford. Failure on the part of States to enact the necessary authorities would prevent them from receiving any Federal support of their State-administered health assistance plan. Maintaining a Private Enterprise Approach My proposed plan differs sharply with several of the other health insurance plans which have been prominently discussed. The primary difference is that my proposal would rely extensively on private insurers. Any insurance company which could offer those benefits would be a potential supplier. Because private employers would have to provide certain basic benefits to their employees, they would have an incentive to seek out the best insurance company proposals and insurance companies would have an incentive to offer their plans at the lowest possible prices. If, on the other hand, the Government were to act as the insurer, there would be no competition and little incentive to hold down costs. more 9 There is a huge reservoir of talent and skill in administering and designing health plans within the private sector. That pool of talent should be put to work. It is also important to understand that the CHIP plan preserves basic freedoms for both the patient and doctor. The patient would continue to have a freedom of choice between doctors. The doctors would continue to work for their patients, not the Federal Government. By contrast, some of the national health plans that have been proposed in the Congress would place the entire health system under the heavy hand of the Federal Government, would add con- siderably to our tax burdens, and would threaten to destroy the entire system of medical care that has been so carefully built in America. I firmly believe we should capitalize on the skills and facilities already in place, not replace them and start from scratch with a huge Federal bureaucracy to add to the ones we already have. Comprehensive Health Insurance Plan --- A Partnership Effort No program will work unless people want it to work. Everyone must have a stake in the process. This Comprehensive Health Insurance Plan has been designed so that everyone involved would have both a stake in making it work and a role to play in the process consumer, provider, health insurance carrier, the States and the Federal Government. It is a partnership program in every sense. By sharing costs, consumers would have a direct economic stake in choosing and using their community's health resources wisely and prudently. They would be assisted by requirements that physicians and other providers of care make available to patients full information on fees, hours of operation and other matters affecting the quali- fications of providers. But they would not have to go it alone either: doctors, hospitals and other providers of care would also have a direct stake in making the Compre- hensive Health Insurance Plan work. This program has been designed to relieve them of much of the red tape, confusion and delays in reimbursement that plague them under the bewildering assortment of public and private financing systems that now exist. Healthcards would relieve them of troublesome bookkeeping. Hospitals could be hospitals, not bill collecting agencies. Conclusion Comprehensive health insurance is an idea whose time has come in America. There has long been a need to assure every American financial access to high quality health care. As medical costs go up, that need grows more pressing. Now, for the first time, we have not just the need but the will to get this job done. There is widespread support in the Congress and in the Nation for some form of com- prehensive health insurance. more 10 Surely if we have the will, 1974 should also be the year that we find the way. The plan that I am proposing today is, I believe, the very best way. Improvements can be made in it, of course, and the Administration stands ready to work with the Congress, the medical profession, and others in making those changes. But let us not be led to an extreme program that would place the entire health care system under the dominion of social planners in Washington. Let us continue to have doctors who work for their patients, not for the Federal Government. Let us build upon the strengths of the medical system we have now, not destroy it. Indeed, let us act sensibly. And let us act now --- in 1974 --- to assure all Americans financial access to high quality medical care. RICHARD NIXON THE WHITE HOUSE, February 6, 1974. # # # # EMBARGOED UNTIL 12:00 NOON, EST February 6, 1974 WEDNESDAY, FEBRUARY 6, 1974 Office of the White House Press Secretary THE WHITE HOUSE FACT SHEET THE COMPREHENSIVE HEALTH INSURANCE PLAN I. STRUCTURE. 2 A. Employee Health Insurance Plan 2 B. Assisted Health Insurance Plan 2 II. BENEFITS 3 A. Reimbursable Services 3 B. Premiums and Cost-Sharing 4 III. FEDERAL PROGRAMS 6 A. Medicare 6 B. Medicaid 7 C. Indian Health 7 D. Veterans' Administration 7 IV. REIMBURSEMENT POLICY 7 A. Healthcard 7 B. Classification of Providers 8 V. REGULATION AND ADMINISTRATION 8 A. Regulation of Insurance Carriers 8 B. Regulation of Medical Providers 9 C. Administration 9 VI. COSTS 9 VII. FINANCING 10 A. Employer Plan 10 B. Government Plan 10 C. Medicare 10 D. Medicaid 10 VIII. SPECIAL PROVISIONS TO ASSIST SMALL EMPLOYERS 10 2 MAJOR FEATURES OF THE COMPREHENSIVE HEALTH INSURANCE PLAN I. STRUCTURE A. Employee Health Insurance Plan (EHIP) - All employers would be required to offer the basic insurance plan and Health Maintenance Organization (HMO) coverage to each employee under age 65 who has met the full-time hours of work test. Coverage extends to family members under 65. Employers may self-insure. - Election of coverage would be voluntary at the option of the employee. - The basic plan would also be available to self-employed and non-working families, individuals, and non-employer groups (e.g., unions or professional associations), through private carriers. - Employers would be required to offer coverage meeting the basic plan, and could offer optional plans supplementing the basic plan. Employers could not offer non-approved plans. - Employers would contribute 65 percent of premium expenses for covered employees. However, if an employer's payroll rises by more than 3 percent due to required contributions to coverage, then the Federal Government would pay a subsidy to the employer for employer premiums in excess of the 3 percent increase in payroll expenses. The subsidy would be 75 percent of such excess in the first year reduced by 15 percentage points each year thereafter. - The employer contribution toward coverage would begin 90 days after onset of employment and continue for 90 days after termination of full-time employment. - An individual or family which has been enrolled in an Employee Health Insurance Plan would be allowed to con- tinue coverage under the plan, at the employer's group rate, for 90 days following the period of a required employer contribution (a total of 180 days after termination), by paying the premium in full themselves. B. Assisted Health Insurance Plan (AHIP) - States would contract with intermediaries to offer the basic plan to all residents of the State, except those with family incomes of $7,500 or more who are offered the Employee Health Insurance Plan. more 3 - Employers who desire to do so could offer AHIP (at 150% of the average group rate in the State) in fulfillment of the requirement to offer a mandated plan. Members of such employee groups could enroll in AHIP irrespective of income level. - Persons who would, in fact, enroll in AHIP: a. families below $5,000 income ($3,500 for individuals) regardless of work status b. non-working families between $5,000 and $7,500 income ($3, 500-$5, 250 for individuals) C. very high risk working families between $5,000 and $7,500 income ($3, 500-$5, 250 for individuals) d. non-working families with unusually high medical risks (disabled and early retirees) regardless of income e. unusually high risk employer groups. - All persons eligible for AHIP would have the option of obtaining coverage through an approved prepaid health care plan. - The premiums, deductibles, coinsurance, and maximum liability would be related to income. - Carriers administering AHIP coverage would be reimbursed by the State on the basis of actual benefits paid for covered services, less income derived from the plan, plus a negotiated rate for administration. - Employers would be:required to make a contribution to AHIP for low-income employees who elect that coverage, in the amount they would have contributed for other employees under an Employee Health Insurance Plan. - For AHIP eligibles who elect coverage through a prepaid health care plan, the State would contribute an amount equal to the cost of providing AHIP coverage. II. BENEFIT PACKAGE A. Reimbursable Services - Hospital services, not subject to a dollar limitation. - Physician services, not subject to a dollar limitation. - Prescription drugs, out-of-hospital. more 4 - Mental Health services inpatient - 30 full days or 60 partial days outpatient - 30 visits to a comprehensive community care center or private practitioner (the latter not to exceed 15 visits) - Special and preventive services for children well child care up to age 6 eye examinations, developmental vision care, and eyeglasses up to age 13 ear examinations and hearing aids up to age 13 routine dental services up to age 13 - Other preventive services prenatal and maternity services family planning - Home Health Services - 100 visits per year - Post-hospital extended care - 100 days per year - Blood and blood products - Other medical services, as in Medicare (prosthetic devices, dialysis equipment and supplies, x-rays, laboratory, ambulance, etc.). B. Premiums and Cost-Sharing (EHIP and AHIP) Employer Plan - Premiums for employer groups of 51 or more employees and other families and groups being offered EHIP would be negotiated between employer and other groups and the insurance carrier. - Expenses for an insured individual which exceed $10, 000 in a year cannot be attributed to the experience rating of the employee group through which the individual has obtained coverage. - Each insurance company would be required to offer the same rate to all employees in firms with 1 to 50 employees (subject to the single/family rate differential). more 5 - Rates for coverage under the plan cannot differ on the basis of family size and composition, except that there must be separate rate determinations for singles and families with the single rate being 40 percent of the family rate. - The benefit package as presently constituted would result in an approximate average group family premium of about $600. (The single person could expect to pay a premium of $240.) The average premium required by this coverage per full-time employee is $415. - The employer would eventually pay 75% of premium costs and employees the remaining 25%. - EHIP would not reimburse for services until the insured unit has met a deductible of $150 per person (maximum of three deductibles per family), with a separate $50 per person deductible on reimbursement for outpatient drugs. - After satisfying the deductible, the enrollee pays a coinsurance of 25 percent, with a maximum liability for cost-sharing (deductible plus coinsurance) of $1,500 in a year. There would be no per year or lifetime limitation on benefits paid by the Plan. Assisted Health Insurance Plan (AHIP) - Premiums, deductibles, coinsurance, and maximum liability would be all income-related under the AHIP. The following schedule has been used in making cost estimates for the Comprehensive Heal th Insurance Act of 1974. FORD LIBRARY & SINGLE Annual Per Person Income Contribution* Deductible Maximum Drugs Other Coinsurance Liability I $ 0-1,749 $ 0 $ 0 $ 0 10% 6% of income II 1,750-3,499 0 25 50 15 9% of income III 3,500-5,249 120 50 100 20 12% of income IV 5,250-6,999 240 50 150 25 15% of income V 7,000 + 360 50 150 25 $1,050 * Based on 50 percent of average group single rate in Group III, 100 percent in Group IV, and 150 percent in Group V. Expected average group single premium rate equals $240. more 6 FAMILY Annual Per Person Maximum Income Contribution** Deductible Coinsurance Liability Drugs Other I $ 0-2,499 $ 0 $ 0 $ 0 10% 6% of income II 2,500-4,999 0 25 50 15 9% of income III 5,000-7,49 300 50 100 20 12% of income IV 7,500-9,999 600 50 150 25 15% of income V 10,000 + 900 50 150 25 $1,500 ** Contributions based on 50 percent of average group family premium rate in the State .for Group III, 100 percent for Group IV, and 150 percent for Group V. Expected average group family premium rate equals $600. III. FEDERAL PROGRAMS A. Medicare - Medicare for the Aged would be retained, with the benefits changed to conform with the mandated health plan. - Medicare would continue to be administered directly by the Social Security Administration through its own system of fiscal intermediaries. - The benefit package would include the full range of services as in EHIP and AHIP. As a result, outpatient drugs and mental health services would be covered, and the aged would have far superior protection against catastrophic expenses -- complete hospitalization and maximum financial liability. (Medicare now covers 90 days of hospitalization per episode plus a lifetime reserve of 60 days.) - A Medicare beneficiary would face an annual per person deductible of $100 on all services except outpatient drugs. The deductible for outpatient drugs would be $50. Beneficiaries would pay 20 percent coinsurance on expenses above the deductible up to a maximum annual liability of $750. - Medicare for the Aged would be financed from the current 1.8 percent payroll tax plus a small premium contribution by the enrollee (about $90 per person annually, roughly equal to the current Part B premium). - Federal, State, and local government employers and employees would participate in the Medicare system and be subject to the Medicare payroll tax. more 7 - Medicare beneficiaries who are low-income would be eligible for reduced premium payments and cost-sharing. The income testing and income definitions would be tied to SSI. - Dependents of Medicare beneficiaries below age 65 would be eligible to enroll in AHIP. - Medicare for the Disabled (including the kidney disease provisions) would cease as a separate program. The dis- abled would be eligible for AHIP coverage. Most current Medicare disabled beneficiaries would have better protec- tion because of the catastrophic provisions and because a high proportion would qualify for reduced cost sharing be- cause they are low-income but have Social Security cash payments which place them beyond Medicaid eligibility. - Reimbursement for Medicare services in a State would be based on the same system as used in that State for EHIP/ AHIP services. B. Medicaid - Medicaid would be terminated except for certain services not covered by the Comprehensive Health Insurance Act. These include (1) services in a skilled nursing facility or intermediate care facility; (2) care in mental institutions for persons under age 21 or over 65; and (3) home health services. C. Indian Health - The Indian Health Service would continue to provide health care to eligible Indians. - Indians may also participate in State AHIP programs. D. Veterans Administration - The VA would continue to operate a separate health care system for those eligible for VA benefits. - The VA system would be reimbursed for services not related to a disability incurred while in the military. IV. REIMBURSEMENT POLICY A. Healthcard - All persons (including Medicare enrollees) would receive an identification card which would be evidence of financial protection for all covered services. more 8 - Participating providers of service would be required to accept the card as evidence of coverage and would bill the indicated carrier for covered services. - The carrier would reimburse the provider and would bill the enrollee for the applicable cost-sharing. B. Classification of Providers - Full-Participating Providers - would agree to accept reimburse- ment through the Healthcard as payment in full for all patients (EHIP, AHIP, and Medicare). To these providers the Health- card would reimburse the full amount of the applicable reimbursement rates (the insured amount as well as the patient's cost-sharing). All institutions would be required to be full-participating providers. - Associate-Participating Providers - would agree to accept reimbursement through the Healthcard as payment in full for all AHIP and Medicare patients, and as payment of the insured amount of an Employee Health Insurance Plan en- rollee's bills. To collect the remainder of his fee for the patient, the physician would bill the patient directly. - Non-Participating Providers - would not be reimbursed from any approved plan for services provided. V. Regulation and Administration A. State Regulation and Administration -- States must enact appro- priate legislation fulfilling each of the following responsibilities to be eligible for Federal financial participation in the plan. This regulation must extend to prepaid health care plans as well as to all private carriers and self-insured employers. - Carriers and self-insured employers providing the basic plan would file their plans with the States, keeping the State advised of the employers and employees to whom the plan is provided. States would be required to provide for prompt review of the plan and determination as to whether it meets the requirements of the law. - Premium rates and rating structures would be reviewed for reasonableness (file and use procedure) for all private health insurance. - Enrollees would be guaranteed against noncoverage or non- payment of claims related to the basic plan resulting from carrier insolvency. - An annual CPA audit would be required for all insurance carriers offering coverage under the plan. more 9 - Carriers would be required to disclose information with regard to services covered, rates, and the relation between premiums and benefits paid. This requirement must extend to all private health insurance sold. - All capital investment over $100,000 would be approved by a State-designated planning agency to receive reimbursement through the plan. - Medical services would be subject to Professional Standards Review Organization. - Physician reimbursement for covered services under the insurance plans would be based on amounts determined after consultation with providers and other interested parties. Physicians would be free to bill additional charges to those covered under the Employee Health Insurance Plan provided the patient is notified beforehand of such additional charges. - States would establish prospective reimbursement systems for hospitals. - Providers would make available to patients information regarding charges for most commonly given services, hours of operation and other matters affecting access to services, and extent of certification, accreditation, and licensure. - In addition to administration and participation in financing of the AHIP, States would be responsible for certifying health care providers as eligible for participation in the Comprehensive Health Insurance Plan. B. Federal Regulation and Administration -- The Federal Government would: - Establish standards for eligibility. - Define the services to be reimbursed by the plan. - Operate an expanded program of benefits for the aged. VI. COSTS - Added Federal/State expenditures to finance the Assisted Health Insurance Plan would approximate $6. 9 billion - Added State spending under the Government Plan would equal about $1. 0 billion. Much of this would be offset by reductions in other State health programs - Added Federal spending would equal about $5. 9 billion - The Federal subsidy to assist low-income employees and their employers would equal about $0.45 billion - The additional cost of increased benefits for the aged would be $1. 8 billion more 10 VII. FINANCING A. Employee Health Insurance Plan (EHIP) - Would be financed jointly by employers and employees. - Employers would be required to make a contribution to the EHIP for those employees who qualify and enroll. B. Assisted Health Insurance Plan (AHIP) - Costs of AHIP above the income derived from enrollees would be shared by State and Federal governments. The States share would be related to current levels of State expenditures, ability to pay, and anticipated future expendi- tures under The Comprehensive Health Insurance Plan in that State. The total State share would be about 25%. C. Medicare - The Medicare Trust Fund (plus a small premium contribution (about $90 per year)) would pay for all services provided under the basic Medicare plan. The cost above the basic income aged would be borne by General Revenues and State contributions. D. Medicaid - A residual Medicaid program for long term care services would continue with the current Federal/State Medicaid matching formula. VIII. SPECIAL PROVISIONS TO ASSIST SMALL EMPLOYERS The following provisions have been incorporated, which would particularly assist small employers, since they have a higher proportion of low wage workers and pay higher premiums than large employers: - Where two members of the same family are eligible for Employee Health Insurance Plan coverage, only one could accept. This provision would benefit small business, which hire a disproportionate number of secondary workers. - Each insurance company would be required to offer coverage at the same premium rate to all employees in firms with up to 50 employees. This provision would reduce the costs associated with carriers individually rating small groups. It also would minimize the adverse labor market effects against hiring high medical risk individuals. - The Federal government will subsidize the employer whose payroll costs increase by more than three percent as a result of The Health Insurance Plan. The excess over three percent will be subsidized by 75% the first year and reduced 15 percentage points each year thereafter. ##### THE WHITE HOUSE WASHINGTON March 7, 1975 MEMORANDUM FOR: JACK MARSH FROM: TED MARRSW Jack: I will appreciate your personally reviewing this one and supporting my views on it. Any comments will be appreciated. Attachment oh! FORD LIBRARY gun MAR 8 1975 THE WHITE HOUSE WASHINGTON March 7, 1975 MEMORANDUM FOR: JIM LYNN FROM: TED MARRS I'm SUBJECT: S. 522, Indian Health Care Improvement Act This bill: deserves more than an ivory tower automatic negative. strikes at the most flagrant medical inequity existing in this country today. does not start a new program. can be adjusted to be responsible and realistic. ... LIBRARY is 07VN30 Attachment FORD LIBRAD & CERALD CC: Mr. Buchen Mr. Marsh Mr. Rumsfeld Mr. Cannon S. 522 was introduced into the Senate on February 3, 1975. This bill is identical with S. 2938 (93rd Congress) that passed the Senate on November 25, 1974. Bills similar to S. 522 have also been introduced into the House and assigned numbers H.R. 2525 and H.R. 2526. Co-sponsorship of these bills and the passage of S. 2938 by the Senate in the 93rd Congress indicates there is strong bipartisan Congressional support for passage. The indicated position of the Administration on this proposed legislation is to generally oppose enactment. I believe that such a position, if FORD LIBRARY GERALD taken, needs re-evaluation. First, a number of studies have been made of the Indian health program. AIL of these studies have documented the unmet needs of the Indian health services program at essentially the same levels as identified in the pro- posed legislation. These studies have been made by the Department of Health, Education, and Welfare, by Congressional committees and by outside groups, such as the American Academy of Pediatrics. Second, to categorically oppose the legislation without an alternative pro- posal would appear to the Congress and the Indian people that the Administration is either unsympathetic to the health needs of Indians or is unwilling to commit itself to meeting those needs within any reasonable time. 2 Third, when the President signed the Indian Self-Determination and Education Assistance Act (P.L. 93-638) on January 4, 1975, he stated that the "act gives permanence and stature of law to the objective of my Administration of allowing indeed encouraging Indian tribes to operate programs serving them under contract to the Federal Government." He also "pledged the support of this Administration" to the fullest possible use of the authorities pro- vided in the Act (P.L. 93-638). Several provisions of the bills now pending before the Congress would con- tribute to the achievement of the policy on Indian self-determination. If these are not singled out for support or a reasonable alternative proposed, the sincerity of the Administration's January 4 pledge to support the fullest use of the authorities contained in P.L. 93-638 would certainly be subjected to question. To avoid these implications of denial of documented needs, unsympathetic attitude, and insincerity, I would suggest the following alternative to general opposition to enactment of the pending bills entitled "Indian Health Care Improvement Act." First, the Administration would express its concurrence with the intent of the bills, i.e., unmet needs exist and they must be met. To meet these needs over a five year period is not feasible with the current economic condition of the Nation. Since forecasts are for an improved economic sit- uation, the Administration should agree to initiate measures now to reduce the unmet needs and propose a seven or a ten year plan to eliminate them. 3 Second, those provisions in the bills that are considered to contribute most to Indian self-determination should be supported. In this connection, I believe that two titles and one section of another title would make the greatest contributions. These are Title I, Indian Health Manpower; Title IV, Access to Health Services; and section 603 of Title VI. Title I would contribute to self-determin tion and the Indian operation of the health services programs by capacity building in the Indian population. Currently, the number of Indian persons trained in the health professions and paraprofessions is grossly inadequate to enable them to man and manage their health services programs under contract to the Government. This health manpower pool must be substantially increased if such contracts are to be made. The fact that this situation exists demonstrates the inability or failure of existing health manpower programs to fill this need. Title I of S. 522 would be more appropriate if it would provide authority to train only persons of Indian descent. The authorization to train non-Indians should be opposed because this can be accomplished through existing health scholarship authorities for the general population. Title IV, Access to Health Services, would permit the Indian health service program while still operated by the Government to develop and test a system for collecting third party payment for health care provided at the Indian health facilities. This would contribute to the policy of self-determination by capacity building and, in the future, permit Indian medicare and medicaid eligibles to be treated at their own facility with assurances that reimburse- ment could be made. This Title would also waive applicable facility standards 4 providing there is a plan to bring the facility into full compliance with the standards within two years. I'll discuss this further when consider- ation is given to Title III of the bills. The last section of the bills which should be supported is Section 603 of Title VI. This section would permit the Secretary to enter into long-term leasing agreements (up to twenty years) with the tribes. Under this author- ity, Indian tribes could build whatever facility might be needed to operate or manage the health program and the Secretary could lease it from them. Such leases would assist tribes in obtaining financing for construction and it would build the capacity of tribes to construct, operate and maintain major physical facilities. It would also assist the Government in over- coming the need for replacement facilities without, at the same time, making large cash outlays. Title II, Health Services; Title III, Health Facilities; and Title V, Health Services for Urban Indians and sections 601 and 602 of Title VI, Miscellaneous, are essentially unnecessary authorities or appropriation authorizations. The appropriation authorizations are in effect limiting in Titles II, III and V because the current authorizing law (25 U.S.C. 13, the so called Snyder Act) is open ended. Titles II and III propose to eliminate the health services and facilities unmet needs during the next five fiscal years. Since these needs are well documented, I would recommend that the Administration's position on these titles endorse the concept of meeting the needs within a specific time frame. The time frame proposed in the bills may, however, not be consistent 5 with the state of the economy and related budget constraints. It would appear that a seven or possibly ten year time period might be more appro- priate than five. A mutually agreed upon plan could be developed through Congressional and Administration participation. The commitment to a plan for facilities would also be consistent with the provision of Title IV which would initially waive compliance with facility standards. Title V proposes a three year trial program to assist urban Indians in meeting their health needs. A review of the program would be required as would a report to the Congress assessing the program and recommending any further legislative efforts. There is authority to initiate such programs subject only to appropriations. Since the late 1960's, Congress has, through the appropriations process, requested the establishment of several urban Indian projects. These special projects should be continued in the future within the appropriations made by Congress. Since adequate authority already exists for a Federal urban Indian effort, it would seem that the continuation and/or expansion of such an effort should be decided through discussions with Congressional and Administration personnel and not by legislation. Consequently, this matter would be appropriate to discuss during the development of a plan for health services and facilities con- struction. BRIEF EXPLANATION OF H.R. 2525, AS REPORTED BY THE COMMITTEE ON INTERIOR, COMMITTEE ON WAYS AND MEANS, AND COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE Section 1 gives the title of the Act. Section 2 are congressional findings outlining the necessity for the legislation. Section 3 is a declaration of policy. Section 4 contains definitions. "I TITLE I - INDIAN HEALTH MANPOWER Section 101 gives the purpose of this title, which is to increase the number of health professionals serving Indians and to increase the number of Indians in those health professions. Section 102 is a health recruitment program designed to identify those eligible Indians and to publicize existing sources of financial aid. $4.2 million is authorized over 3 fiscal years. Section 103, the health professions preparatory scholarship program, allows a student to receive scholarship grants, for up to two years, for compensatory preprofessional education. $3.1 million is authorized over three fiscal years. Section 104, the health professions scholarship program, authorize: an "Indian" program within the National Health Service Corps scholarship program. Such scholarships will be designated Indian Health Scholarships and will extend to physicians, dentists, nurses, optometrists, podia- trists, pharmacists, public health personnel, and allied health personnel $18.95 million is authorized over three fiscal years. GENALD FORD CIGRARY 2 Section 105 allows the Indian Health Service to hire a scholarship grantee as an intern for a period of up to 120 days to work in the nonacademic period of the year. $2.4 million is authorized for three fiscal years. Section 106, the continuing education allowance provision, authorized .55 million over three fiscal years so that physicians and other professionals can leave their duty stations for professional consultation and refresher training courses. TITLE II -- HEALTH SERVICES Section 201 (a) directs that the funds authorized under this title shall be in addition to the level of approprations provided in the preceding fiscal year. Subsection (b) directs that the personnel authorized under this title shall be in addition to the number authorized in the preceding fiscal year. Subsection (c) gives the following breakdown for funds and positions over three fiscal years: (1) Patient Care: $24.7 million & 525 positions (2) Field Health: $8.9 million & 198 positions (3) Dental Care: $3 million & 130 positions (4) Mental Health: (A) Community mental health: $3.3 million & 60 positions (B) Inpatient mental health: $1 million & 30 positions (C) Model dormitory: $3.125 million & 100 positions (D) Therapeutic & residential treatment centers: $.7 million & 15 positions (E) Training of Indian traditional practitioners: $13 million (5) Treatment of Alcoholism: $13 million (6) Maintenance & Repair: $7 million & 50 positions 3 Subsection (d) directs that not less than 1% of the funds appropriated shall be used for research. Subsection (c) authorizes that not more than $5 million shall be expended in Fiscal Year 1977. TITLE III - HEALTH FACILITIES Service Facilities Section 301 authorizes the Secretary to use these funds for construction and renovation of hospitals, health centers, stations, or other facilities of the Indian Health Service. Subsection (b) authorizes the following amounts for the following facilities: (1) Hospitals: $190 million over three fiscal years. (2) Health centers & stations: $16.906 million over 3 Fiscal years (3) Staff housing: $27.083 million over 3 years Subsection (c) directs that the Secretary shall consult with any Indian tribe which will be significantly affected by expenditure of these funds; and directs that the facilities constructed shall meet JCAH standards within one year of construction. Safe Water & Sanitary Waste Disposal Facilities Section 302. (a) authorizes these funds to be used to provide water and sanitation facilities in new and existing Indian homes. Subsection (b) authorizes $103 million for this construction in existing homes over three fiscal years. Such sums as may be necessary are authorized for these facilities in new Indian homes. FORD : LIBRARY 038870 4 Subsection (c) directs that former and currently federally recognized Indian tribes in New York State shall be eligible for assistance under this title. Preference to Indians & Indian Firms Section 303 (a) directs the Secretary to give preference to Indians and Indian owned firms for construction under this title. Subsection (b) provides that the Davis-Bacon requirements for federal contracting shall apply. Soboba Sanitation Facilities Section 304 directs that the Soboba Band of Mission Indians in California is eligible for IHS sanitation services. TITLE IV - ACCESS TO HEALTH SERVICES Medicare Section 401 makes an amendment to the Medicare Act. Section 402 further amends the Medicare Act to provide that the IHS can be reimbursed for the care of a medicare eligible patient in an IHS facility. The section allows all facilities to be declared accredited for medicare purposes for a period of 18 months. The funds which are collected by the IHS are to be used exclusively for the purpose of bringing that facility into compliance, 5 Section 402 amends the Medicaid Act to provide that the IHS can be reimbursed for the care of a medicare eligible patient in an IHS facility. The section allows all facilities to be declared accredited for medicaid purposes for a period of 18 months. The funds which are collected by the IHS are to be used exclusively for the purpose of bringing that facility into compliance. Section 403 requires the Secretary to make annual reports on the disposition of funds collected by IHS under this title. TITLE V - URBAN INDIAN TITLE Section 501 declares the purpose. Section 502 authorizes the Secretary to enter into contracts with urban Indian groups for provision of health care to urban Indians. Section 503 establishes the criteria for contract eligibility of an urban group. Section 503 (a) exempts these contracts from Federal contracting laws. Subsection (b) declares that payments may be made in advance to an urban group. Subsection (c) authorizes the revision, amendment, or retrocession of any contract. Subsection (d) permits an urban Indian group to use existing HEW facilities. Subsection (e) is designed to assure fair and uniform provision of services to urban Indians under contracts. 6 Section 506 authorizes $30 million for this program over three fiscal years. Section 507 authorizes the Secretary to review the contracts at the end of FY 78 and submit an assessment to the Congress. At that time, the Secretary is also asked to recommended further legislative change. Section 508 authorizes not less than 1% of these funds to be spent on pilot projects in rural communities near Indian reservations. TITLE VI - American Indian School of Medicine Section 601 authorizes a one year feasibility study on the establishment of an American Indian School of Medicine. TITLE VII - MISCELLANEOUS Section 701 establishes a schedule for secretarial review of this act. Recommendations are to be made to the Congress on additional funds needed. Section 702 directs the Secretary to actively consult with the Indian community before rules are promulgated, and establishes a schedule for promulgation of the rules. The same Indian consultation is required if the rules are revised. Section 703 directs the Secretary to prepare, within 240 days after enactment of this Act, a plan for implementation of this Act. This is to include a schedule for appropriations requests. Section 704 authorizes 20 year leases with Indian tribes. Section 705 declares that the funds appropriated under this Act shall remain available until expended.