Federal

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.

Source: Congress.gov · 825 words in original text

What This Bill Does

This bill changes federal law to let Tribal Colleges and Universities help their workers get health insurance benefits through the federal government employee benefits program. The bill also creates a special account to pay for managing these insurance programs for tribal employers.

Who It Affects

Employees of Indian tribes, tribal organizations, urban Indian organizations, and Tribal Colleges or Universities. The Office of Personnel Management (a federal agency that manages government employee benefits). Tribal employers who want to offer federal health benefits to their workers.

Key Provisions

• Tribal Colleges and Universities can now help their employees get federal health insurance coverage the same way Indian tribes and urban Indian organizations can (Sec. 1). • Employees of Tribal Colleges and Universities can buy health insurance plans under federal benefits chapters 89A and 89B if their employer decides they are eligible (Sec. 1). • The Office of Personnel Management will collect a yearly fee from tribal employers who offer federal health benefits to their employees (Sec. 2). • Administrative fees charged to tribal employers cannot be more than 3 percent of the average monthly insurance premium (Sec. 2).

What Changes

Tribal Colleges and Universities are added to the list of organizations whose employees can participate in federal health benefits programs. A new account gets created to collect and hold administrative fees from tribal employers who participate in these federal benefits programs.

Important Definitions

Tribal College or University: A school defined in section 316(b)(3) of the Higher Education Act of 1965.

I 118TH CONGRESS 1ST SESSION H. R. 2376 To amend the Indian Health Care Improvement Act and title 5 of the United States Code to facilitate participation in Federal benefits pro- grams, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 29, 2023 Mr. GRIJALVA (for himself, Ms. MOORE of Wisconsin, Ms. STANSBURY, and Ms. PORTER) introduced the following bill; which was referred to the Committee on Oversight and Accountability, and in addition to the Com- mittees on Natural Resources, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consider- ation of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Indian Health Care Improvement Act and title 5 of the United States Code to facilitate participa- tion in Federal benefits programs, and for other pur- poses. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. AMENDMENTS TO INDIAN HEALTH CARE IM- 3 PROVEMENT ACT. 4 Section 409 of the Indian Health Care Improvement 5 Act (25 U.S.C. 1647b) is amended— 6 VerDate Sep 11 2014 19:18 Apr 08, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2376.IH H2376 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 2376 IH (1) by striking ‘‘or an urban Indian organiza- 1 tion carrying out programs under title V of this 2 Act’’ and inserting ‘‘, an urban Indian organization 3 carrying out programs under title V of this Act, or 4 a Tribal College or University as defined in section 5 316(b)(3) of the Higher Education Act of 1965 (20 6 U.S.C. 1059c(b)(3)),’’; 7 (2) by striking ‘‘or urban Indian organization, 8 under chapter 89’’ and inserting ‘‘, urban Indian or- 9 ganization, or Tribal College or University, under 10 chapter 89’’; 11 (3) by striking ‘‘or urban Indian organization, 12 are currently deposited’’ and inserting ‘‘, urban In- 13 dian organization, or Tribal College or University, 14 are currently deposited’’ ; and 15 (4) by adding at the end the following: ‘‘In ad- 16 dition, employees of such Indian tribe, tribal organi- 17 zation, urban Indian organization, or Tribal College 18 or University shall be entitled to purchase coverage, 19 rights, and benefits under chapters 89A and 89B of 20 such title if the Indian tribe, tribal organization, 21 urban Indian organization, or Tribal College or Uni- 22 versity determines that the employee is eligible, and 23 the necessary employee deductions or direct payment 24 for the coverage, rights, and benefits for the period 25 VerDate Sep 11 2014 19:18 Apr 08, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2376.IH H2376 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 2376 IH of employment with such Indian tribe or tribal orga- 1 nization, urban Indian organization, or Tribal Col- 2 lege or University are currently deposited in accord- 3 ance with requirements under such chapters.’’ 4 SEC. 2. TRIBAL INSURANCE ADMINISTRATIVE ACCOUNT. 5 Section 8909 of title 5, United States Code, is 6 amended by adding at the end the following: 7 ‘‘(h) TRIBAL INSURANCE ADMINISTRATIVE AC- 8 COUNT.— 9 ‘‘(1)(A) There is established in the Fund a 10 Tribal Insurance Administrative Account (in this 11 subsection referred to as the ‘Account)’. The admin- 12 istrative fee charged to each tribal employer that 13 purchases coverage, rights, and benefits for its em- 14 ployees under section 409 of the Indian Health Im- 15 provement Act (25 U.S.C. 1647b) shall be collected 16 by the Office of Personnel Management, or other en- 17 tity as authorized by the Director of the Office, for 18 the administration of the Tribal FEHB Program. 19 All such fees collected shall be paid into the Ac- 20 count. 21 ‘‘(B) The administrative fee under subpara- 22 graph (A) shall be determined annually by the Office 23 and shall be charged in addition to any premium for 24 VerDate Sep 11 2014 19:18 Apr 08, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2376.IH H2376 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 2376 IH each enrollment of a tribal employee. The adminis- 1 trative fee— 2 ‘‘(i) shall be a percentage, as determined 3 by the Office, of the weighted average monthly 4 premium calculated with consideration to all 5 plans and options and the total number of en- 6 rollees enrolled in all plans and options; and 7 ‘‘(ii) shall not exceed 3 percent of the ap- 8 plicable average monthly premium. 9 ‘‘(2) The Account shall be available to the Of- 10 fice, without fiscal year limitation, for reasonable ex- 11 penses incurred by the Office for the administration 12 of the Tribal FEHB Program.’’. 13 Æ VerDate Sep 11 2014 19:18 Apr 08, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H2376.IH H2376 pbinns on DSKJLVW7X2PROD with $$_JOB

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