Overview

Title

To amend the Indian Health Care Improvement Act to improve the recruitment and retention of employees in the Indian Health Service, restore accountability in the Indian Health Service, improve health services, and for other purposes.

ELI5 AI

H.R. 8966 is a bill that tries to make healthcare better for Native American people by helping doctors and nurses work there, giving them rewards, and making sure they do a good job. It also wants to make sure everything is fair and done the right way, but some people are worried it might be a little confusing or unfair without enough money to help.

Summary AI

H.R. 8966 is aimed at improving the Indian Health Service (IHS) by enhancing the recruitment, retention, and accountability of employees, and bolstering health services provided to Native American communities. The bill proposes various measures, including offering incentives for IHS staff, establishing a centralized medical credentialing system, and providing liability protections for volunteer health professionals. It also focuses on improving employee hiring practices, safeguarding whistleblowers, and ensuring fiscal responsibility within the IHS, while promoting transparency and better service through mandatory reporting and compliance programs. Overall, the bill seeks to increase the efficiency and effectiveness of health services provided to Native American communities.

Published

2024-07-09
Congress: 118
Session: 2
Chamber: HOUSE
Status: Introduced in House
Date: 2024-07-09
Package ID: BILLS-118hr8966ih

Bill Statistics

Size

Sections:
37
Words:
17,250
Pages:
86
Sentences:
378

Language

Nouns: 5,146
Verbs: 1,200
Adjectives: 603
Adverbs: 146
Numbers: 727
Entities: 920

Complexity

Average Token Length:
4.20
Average Sentence Length:
45.63
Token Entropy:
5.45
Readability (ARI):
24.54

AnalysisAI

The proposed legislation, titled the "Restoring Accountability in the Indian Health Service Act of 2024," seeks to amend the Indian Health Care Improvement Act with measures to enhance the recruitment, retention, and accountability of employees within the Indian Health Service (IHS). Among its provisions, the bill introduces incentives for healthcare workers, establishes a centralized credentialing system, bolsters employee protections, and mandates financial transparency. Additionally, it aims to improve the quality and timeliness of healthcare services provided by the IHS.

General Summary of the Bill

The bill is structured to achieve several key objectives. Primarily, it seeks to improve recruitment and retention in the IHS by offering financial incentives and housing vouchers to healthcare professionals working in understaffed areas. It proposes a centralized system for credentialing healthcare workers, ensuring standardized qualifications across service units. The legislation also empowers the Secretary of Health and Human Services with enhanced authority to discipline IHS employees, while incorporating whistleblower protections and mandating transparency through regular reporting on financial and operational activities. Further, it introduces measures to ensure the quality and timeliness of healthcare services and respects tribal sovereignty through mandatory cultural training for employees.

Significant Issues with the Bill

One significant issue centers on the expanded powers granted to the Secretary of Health and Human Services, allowing for disciplinary actions against IHS employees with limited judicial oversight. This could lead to concerns about potential misuse of power and an unfair application of disciplinary procedures. Furthermore, the bill leaves critical terms like "critical employee" and "misconduct" vaguely defined, which may lead to inconsistent or biased decision-making.

Moreover, the bill lacks specific guidelines for some new programs, including the centralized credentialing system and mandatory cultural training, in terms of funding and implementation. These omissions could challenge the sustainability and effectiveness of these initiatives. Additionally, the approach to fiscal accountability, which includes stringent restrictions on funding usage, could impose operational limitations and administrative burdens on the IHS.

Impact on the Public and Stakeholders

Broadly, the public might expect some positive impacts from the bill if it successfully mitigates issues related to staffing shortages and healthcare service quality within the IHS. By implementing standardized credentialing and accountability measures, patients served by the IHS could see improvements in service delivery and health outcomes.

For specific stakeholders, the bill could have mixed impacts. IHS employees might benefit from increased clarity in recruitment and retention incentives. Conversely, they might face challenges related to tighter disciplinary controls and mandatory training requirements. Tribes might appreciate the emphasis on cultural sensitivity training, yet may be concerned about potential administrative hurdles in participating in staffing programs, particularly if they lack substantial financial contributions.

Overall, while the bill aims to address crucial issues within the IHS, stakeholders and policymakers must carefully consider its implications on employee rights, organizational transparency, and the sustainability of funding and resources. Addressing ambiguities in definitions and ensuring specific funding sources will be critical in achieving the bill's intended outcomes without imposing undue burdens on the IHS and its constituents.

Financial Assessment

The bill, H.R. 8966, contains several financial references and allocations related to enhancing the Indian Health Service (IHS). Here is a detailed commentary on these financial elements:

Financial Allocations and Spending

The primary sections of the bill detailing financial allocations focus on support for loan repayment programs. Section 104 allows the Secretary to pay up to $35,000 for each year of obligated service for full-time practice and $17,500 for half-time practice. This is intended to aid healthcare professionals who commit to working within the IHS, thereby incentivizing retention through financial relief on student loans.

Recruitment and Retention Incentives

The bill discusses offering tenant-based rental assistance through housing vouchers. The specific amount for such assistance is not detailed, but this financial incentive is aimed at addressing staffing shortages in designated health professional shortage areas. This could be a significant financial lever in attracting and retaining critical employees, but the definition of "critical employee" is vague and may need clarification to ensure fair and consistent application.

Credentialing System and Training Programs

The bill mandates the development of a centralized credentialing system and an annual Tribal culture and history training program. However, it does not specify a dedicated budget for these initiatives, raising concerns about the sustainability and effectiveness of these programs without a clear financial foundation. This absence of funding details can lead to challenges in implementing these important systems and trainings, addressing issues such as potential overreach or ineffective application without proper financial support.

Fiscal Accountability and Incentives

Section 203 involves restrictions on fund usage and reporting requirements that might create considerable administrative burden. The bill prohibits the use of funds for any salary increase or bonus if professional housing or staffing plans are not submitted on time, keeping fiscal discipline in check but potentially limiting flexibility. This kind of restriction requires transparency and operational accountability, yet it might also slow down responses to changing conditions or emergencies without a clear pathway for resolving funding limitations.

Demonstration Program Participation

The staffing demonstration program outlined in Section 108 mentions "additional staffing resources" to be provided to select Service units without clear financial backing or detailed allocation amounts. Criteria such as the contribution of "substantial tribal funds" by tribes may unintentionally privilege those with greater financial resources, which could skew equity among tribes and overlook those lacking financial contributions but still in need of support.

Conclusion

While the bill addresses several critical areas, such as recruitment and retention incentives and a robust framework for whistleblower protections, the lack of specific funding allocations poses potential challenges. Without clear financial resources, the implementation of these initiatives may face hurdles that could affect the efficiency and fairness of the proposed changes. This underscores the need for a more detailed budgetary outline to ensure the initiatives succeed in meeting their intended goals effectively.

Issues

  • The bill provides significant authority to the Secretary of Health and Human Services to reprimand, suspend, involuntarily reassign, demote, or remove senior executives and employees from the Indian Health Service. This power comes with limited oversight or judicial review, raising concerns about potential misuse of power and lack of procedural fairness (Sections 606, 607).

  • The definition of 'critical employee' in the recruitment and retention incentives is vague and lacks clear criteria, which may lead to inconsistencies or favoritism in its application. This could impact the equitable distribution of housing vouchers and staffing needs (Sections 101, 125).

  • The bill's employee protections against retaliation for whistleblowers are outlined, but lack specific guidelines on what constitutes 'significantly adverse action' and do not provide a clear process for reviewing retaliation claims, potentially leading to delays or inconsistencies in handling whistleblower issues (Section 201, 608).

  • The term 'misconduct' used in the bill is broad and can encompass minor infractions not typically considered severe enough for major disciplinary actions like termination, raising concerns about fair application and potential overreach (Sections 106, 606, 607).

  • There is no specific budget or funding source mentioned for the development and implementation of the credentialing system and other programs, which can raise concerns about sustainability and efficient use of resources (Sections 102, 126).

  • The bill establishes an annual mandatory Tribal culture and history training program, but does not specify a funding source, raising potential budgeting concerns for implementation (Section 107).

  • The section dealing with the timeliness of care does not specify what metrics will be used or include consequences for non-compliance, which could weaken accountability and the effectiveness of efforts to improve service delivery (Section 114, 412).

  • Direct hire authority allows bypassing certain federal hiring protocols, which might lead to less transparency and potential favoritism in hiring less qualified candidates (Section 105, 605).

  • The criteria for Service units' participation in the staffing demonstration program may inadvertently favor tribes with more substantial tribal fund contributions, possibly sidelining those without such resources (Sections 108, 833).

  • The approach to fiscal accountability contains restrictions and reporting requirements that might create administrative burdens or potentially hinder operational flexibility, especially considering restrictions on funds usage and potential delays in compensations (Section 203, 609).

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The first section of the bill gives it a short title, allowing it to be referred to as the “Restoring Accountability in the Indian Health Service Act of 2024”.

2. Table of contents Read Opens in new tab

Summary AI

The section provides an outline of the contents of the Act, which includes various titles such as improving the Indian Health Service, protections for employees, reporting requirements, and technical amendments. Each title contains specific provisions, for example, recruitment incentives, employee rights, and ensuring quality health care services.

101. Incentives for recruitment and retention Read Opens in new tab

Summary AI

The section adds incentives for recruiting and retaining healthcare professionals in the Indian Health Service by establishing a pay system comparable to that of similar federal healthcare roles and offering housing vouchers to critical employees working in under-staffed areas. The voucher program is intended to last three years, after which the Secretary must report its costs, employee participation, and impact on staffing needs.

125. Incentives for recruitment and retention Read Opens in new tab

Summary AI

The section discusses new measures to improve hiring and retention of healthcare workers in the Indian Health Service. It includes setting up a competitive pay system similar to other federal healthcare systems, providing temporary rental assistance to employees who work in areas with staff shortages, and requires full- or part-time employees to commit to working for a minimum period to receive these benefits.

102. Medical credentialing system Read Opens in new tab

Summary AI

The section establishes a new centralized medical credentialing system for health professionals in the Indian Health Service. It sets guidelines for implementation, consultation with Indian tribes, and exemptions for professionals already credentialed, while ensuring nondisruption of tribal rights in existing agreements.

126. Medical credentialing system Read Opens in new tab

Summary AI

The section outlines the creation of a centralized credentialing system by the Indian Health Service within one year to standardize the process for credentialing licensed health professionals across Service units. It mandates consultation with Indian tribes and other entities, exempts those already credentialed under previous policies until re-credentialing is needed, and requires a review of the system every five years to ensure compliance.

103. Liability protections for health professional volunteers at Indian Health Service Read Opens in new tab

Summary AI

The section outlines that health professional volunteers at Indian Health Service units are to be treated as employees of the Public Health Service for liability protection purposes, under certain conditions such as not receiving compensation for their services. It explains the applicability of certain legal provisions, funding mechanisms, and the definition of a "Service unit," while ensuring it does not affect the rights of Indian tribes under existing laws.

104. Clarification regarding eligibility for Indian Health Service loan repayment program Read Opens in new tab

Summary AI

The section updates the eligibility criteria for the Indian Health Service loan repayment program by specifying qualifications for health professionals and administrators. It also outlines details about the required service period and the payment amounts for fulfilling service obligations, allowing for up to $35,000 annually for full-time service or $17,500 for half-time service in designated health programs.

Money References

  • , the Secretary may pay up to $35,000 (or an amount equal to the amount specified in section 338B(g)(2)(A) of the Public Health Service Act (42 U.S.C. 254l–1(g)(2)(A))) on behalf of the individual for loans described in paragraph (1). “(ii) HALF-TIME.—In the case of an individual who contracts to serve a period of obligated service under subsection (f)(1)(B)(iii)(II), for each year of such obligated service, the Secretary may pay up to $17,500 on behalf of the individual for loans described in paragraph (1).”.

105. Improvements in hiring practices Read Opens in new tab

Summary AI

The section discusses improvements in hiring practices within the Indian Health Service by allowing the Secretary to directly appoint candidates and notifying local Indian tribes about certain hires. It also details conditions under which waivers of Indian preference laws can be requested and granted, particularly when there are staffing shortages or specific personnel issues.

605. Improvements in hiring practices Read Opens in new tab

Summary AI

The section allows the Secretary to hire candidates directly for certain positions without following standard federal hiring procedures, as long as the candidates meet the qualifications set by the Office of Personnel Management. Additionally, the Secretary must inform local Indian tribes about certain employment decisions and give them 10 days to provide comments.

106. Improved authorities of secretary to improve accountability of senior executives and employees of the Indian Health Service Read Opens in new tab

Summary AI

The bill enhances the authority of the Secretary of Health and Human Services to hold senior executives and employees of the Indian Health Service accountable for misconduct or poor performance. It outlines clear definitions, procedures, and rights for reprimanding, suspending, demoting, or removing employees, as well as provides an internal grievance process and rules for judicial reviews.

606. Improved authorities of Secretary to improve accountability of senior executives of the Indian Health Service Read Opens in new tab

Summary AI

The section gives the Secretary of the Indian Health Service authority to take disciplinary actions like reprimanding, suspending, or removing senior executives for misconduct or poor performance. It outlines the rights of the executives, timelines for decisions, grievance process, and options for judicial review, making sure any decision is fair, follows proper procedures, and is supported by evidence.

607. Improved authorities of Secretary to improve accountability of employees of the Indian Health Service Read Opens in new tab

Summary AI

The section gives the Secretary of the Indian Health Service more power to hold employees accountable by allowing them to remove, demote, or suspend employees for poor performance or misconduct. It outlines the processes for taking such actions, the rights of employees during these procedures, the possible appeals, and conditions related to pay and benefits during appeals.

107. Tribal culture and history Read Opens in new tab

Summary AI

The amendment to Section 113 of the Indian Health Care Improvement Act requires that an annual mandatory training program be established for employees and providers at Service hospitals. This includes making it a condition of employment for employees and contractors to complete the training, starting from the enactment of the Restoring Accountability in the Indian Health Service Act of 2024.

108. Staffing demonstration program Read Opens in new tab

Summary AI

The bill creates a demonstration program where the Indian Health Service (IHS) can provide extra staffing to certain health facilities that are self-funded by tribes, aiming for these resources to become self-sustaining. The program will last for four years, and a report evaluating its impact on staffing needs and potential for permanent implementation will be submitted afterward.

833. Staffing demonstration program Read Opens in new tab

Summary AI

The bill establishes a demonstration program through the Indian Health Service to provide additional staffing resources to certain Service units, aiming to make these resources self-sustaining. The program will last for four years, after which a report will evaluate whether the staffing resources increased revenue and reduced unmet staffing needs, considering the potential for a permanent program deployment.

109. Rule establishing Tribal consultation policy Read Opens in new tab

Summary AI

The section amends the Indian Health Care Improvement Act by adding a requirement for the Secretary to establish and update a Tribal consultation policy for engaging with Indian tribes in relation to health services. This policy must replace the existing policy, determine when and how tribes will be notified about consultations, specify what triggers such consultations, and define what meaningful consultation entails.

834. Rule establishing Tribal consultation policy Read Opens in new tab

Summary AI

The section requires the Secretary to establish a Tribal consultation policy by December 31, 2023, and update it every five years, ensuring meaningful consultation with affected Indian tribes. The policy should include how the Service will notify tribes about consultations, identify which agency actions require consultation, and define what constitutes meaningful consultation.

110. Treatment of certain hospitals Read Opens in new tab

Summary AI

The section explains that the rule applied to hospitals operated by the Indian Health Services (IHS) or a Tribe allows these hospitals to receive a specific payment adjustment for low-volume operations. This rule or adjustment has been applicable since the fiscal year 2011 and continues for each year after.

111. Enhancing quality of care in the Indian Health Service Read Opens in new tab

Summary AI

The section outlines efforts to improve care quality in the Indian Health Service by establishing best practices for governing boards and area offices, reviewing quality measures, and creating a compliance assistance program for underperforming facilities. It also involves collaboration with various stakeholders, setting reporting requirements, and implementing a termination period for the program.

112. Notification of investigation regarding professional conduct; submission of records Read Opens in new tab

Summary AI

The new section added to the Indian Health Care Improvement Act requires that if the Service starts an investigation into a licensed professional's conduct, they must inform the relevant State medical board within 14 days. Additionally, any records related to the investigation must also be submitted to the State medical board within the same timeframe.

835. Notification of investigation regarding professional conduct; submission of records Read Opens in new tab

Summary AI

The section requires that when a federal service begins investigating the professional behavior of a state license holder, the Secretary must inform the state's medical board within 14 days. Additionally, any records produced from this investigation must also be sent to the state's medical board within the same time frame.

113. Fitness of health care providers Read Opens in new tab

Summary AI

The bill requires the Indian Health Service to check with state medical boards about any past violations or settlements involving health care providers before hiring them. It also mandates that detailed information about any violations by current providers be shared with relevant state medical boards. Additionally, the Indian Health Service must report on its process of reviewing providers who leave or transfer within the system to ensure there are no unresolved issues.

803. Fitness of health care providers Read Opens in new tab

Summary AI

The section mandates that for hiring new health care providers, the Director of the Service must obtain details from state medical boards about any violations or disciplinary settlements regarding the provider's medical license over the past 20 years. Additionally, the Director must send detailed information about any license violations by current providers to the respective state medical boards, even if the boards haven't asked for it.

114. Standards to improve timeliness of care Read Opens in new tab

Summary AI

The bill amends the Indian Health Care Improvement Act to require the Secretary to set up regulations for measuring how quickly health care services are provided at Service facilities. It also mandates that each area's office report these metrics annually, which will be made publicly available online.

412. Standards to improve timeliness of care Read Opens in new tab

Summary AI

The section requires the Secretary to create standards to measure how quickly health care services are provided at Service facilities and collect data on these standards. It also mandates that each Area office submits an annual report on these metrics, which will then be published online.

201. Employee protections against retaliation Read Opens in new tab

Summary AI

The section outlines protections for whistleblowers within the Indian Health Service, defining key terms like "whistleblower" and "retaliation," and establishing an official to handle reports of retaliation. It empowers the Secretary to remove employees who retaliate against whistleblowers and mandates actions to enhance whistleblower protection.

608. Employee protections against retaliation Read Opens in new tab

Summary AI

The section outlines rules to protect employees, called whistleblowers, who report illegal or dangerous actions. It explains what counts as retaliation and requires officials to investigate and act within a few days if a report is made. It also allows for the removal of employees found guilty of retaliation and requires measures to strengthen whistleblower protections.

202. Right of Federal employees to petition Congress Read Opens in new tab

Summary AI

The section amends the law to clarify that federal employees have the right to contact Congress without needing prior approval, and specifies consequences for those who violate this right. It also outlines a process for ensuring all employees of the Indian Health Service are informed electronically about these rights, including creating a memorandum that needs approval from the Inspector General and ensuring it is accessible to employees.

203. Fiscal accountability Read Opens in new tab

Summary AI

The new section added to the Indian Health Care Improvement Act outlines rules for fiscal accountability in the Indian Health Service. It prevents salary increases for certain individuals until required plans are submitted, prioritizes patient care funding, restricts the use of funds for remodeling and pay increases, and mandates spending and status reports for better transparency.

609. Fiscal accountability Read Opens in new tab

Summary AI

The section outlines that if the Secretary of the Indian Health Service does not submit required plans on time, they cannot receive certain financial benefits. It also mandates that unused funds be prioritized for patient care, restricts their use for office upgrades, and requires annual reports on services' financial and operational statuses, without affecting tribal rights to self-management contracts.

301. Definitions Read Opens in new tab

Summary AI

The section defines several terms related to health services: "Secretary" refers to the Secretary of Health and Human Services, "Service" refers to the Indian Health Service, "Service unit" and "tribal health program" have the meanings given in the Indian Health Care Improvement Act.

302. Reports by the Secretary of Health and Human Services Read Opens in new tab

Summary AI

The Secretary of Health and Human Services must create and share plans addressing housing and staffing needs for the Indian Health Service (IHS) and tribal health programs. These plans will follow recommendations from the Government Accountability Office and include projections for 1, 5, and 10-year periods.

303. Reports by the Comptroller General Read Opens in new tab

Summary AI

The section requires the Comptroller General to submit three reports to Congress: one on the housing needs of Indian Health Service (IHS) employees, another on IHS staffing needs, and a third on whistleblower protections within the IHS. Each report must assess plans, discuss needs, and potentially offer recommendations, focusing on accurate reflection of needs, staffing methodologies, and the efficacy of protections against retaliation.

304. Inspector General reports Read Opens in new tab

Summary AI

The bill requires the Inspector General of the Department of Health and Human Services to create and submit a report to Congress every three years on patient harm and deaths in Service units, the denial and deferral of care, and the quality and timeliness of care standards. The report should evaluate and recommend ways to reduce patient deaths and improve tracking systems. Additionally, an audit of current reporting systems is to be carried out, along with recommendations and technical assistance for improvements.

305. Transparency in CMS surveys Read Opens in new tab

Summary AI

The section amends the Social Security Act to require the Centers for Medicare & Medicaid Services to conduct surveys at least every two years of Indian Health Service hospitals and nursing facilities to ensure they follow certain regulations. Survey results must be posted online, adhering to privacy rules set by the Health Insurance Portability and Accountability Act.

401. Technical amendments Read Opens in new tab

Summary AI

The section updates the Indian Health Care Improvement Act by defining the term "purchased/referred care" and replacing the term "contract health service" with "purchased/referred care" throughout the document to ensure consistency. It also rearranges and renumbers some definitions for clarity.