US Codex
Bill
Notes

To amend the Indian Health Care Improvement Act and title 5 of the United States Code to facilitate participation in Federal benefits programs, and for other purposes.

H.R. 2376 · 118th Congress · Mar 29, 2023 · Lineage

A BILL

Section 1 Amendments to Indian Health Care Improvement Act

Section 409 of the Indian Health Care Improvement Act (25 U.S.C. 1647b) is amended—
(1)
by striking “or an urban Indian organization carrying out programs under title V of this Act” and inserting “, an urban Indian organization carrying out programs under title V of this Act, or a Tribal College or University as defined in section 316(b)(3) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)(3)),”;
(2)
by striking “or urban Indian organization, under chapter 89” and inserting “, urban Indian organization, or Tribal College or University, under chapter 89”;
(3)
by striking “or urban Indian organization, are currently deposited” and inserting “, urban Indian organization, or Tribal College or University, are currently deposited” ; and
(4)
by adding at the end the following: “In addition, employees of such Indian tribe, tribal organization, urban Indian organization, or Tribal College or University shall be entitled to purchase coverage, rights, and benefits under chapters 89A and 89B of such title if the Indian tribe, tribal organization, urban Indian organization, or Tribal College or University determines that the employee is eligible, and the necessary employee deductions or direct payment for the coverage, rights, and benefits for the period of employment with such Indian tribe or tribal organization, urban Indian organization, or Tribal College or University are currently deposited in accordance with requirements under such chapters.”

Sec. 2 Tribal Insurance Administrative Account

Section 8909 of title 5, United States Code, is amended by adding at the end the following:

“(h) Tribal Insurance Administrative Account

“(1)

“(A) There is established in the Fund a Tribal Insurance Administrative Account (in this subsection referred to as the “Account)”. The administrative fee charged to each tribal employer that purchases coverage, rights, and benefits for its employees under section 409 of the Indian Health Improvement Act (25 U.S.C. 1647b) shall be collected by the Office of Personnel Management, or other entity as authorized by the Director of the Office, for the administration of the Tribal FEHB Program. All such fees collected shall be paid into the Account.

“(B) The administrative fee under subparagraph (A) shall be determined annually by the Office and shall be charged in addition to any premium for each enrollment of a tribal employee. The administrative fee—

“(i) shall be a percentage, as determined by the Office, of the weighted average monthly premium calculated with consideration to all plans and options and the total number of enrollees enrolled in all plans and options; and

“(ii) shall not exceed 3 percent of the applicable average monthly premium.

“(2) The Account shall be available to the Office, without fiscal year limitation, for reasonable expenses incurred by the Office for the administration of the Tribal FEHB Program.”