PUBLIC LAW 102-573 —OCT. 29, 1992 106 STAT. 4565 "(d) For purposes of this section, the term "Buy American Act" means title III of the Act entitled "An Act making appropriations for the Treasury and Post Office Departments for the fiscal year ending June 30, 1934, and for other purposes", approved March 3, 1933 (41 U.S.C. 10a et seq.). ". TITLE IV—ACCESS TO HEALTH SERVICES SEC. 401. TREATMENT OF PAYMENTS TO INDIAN HEALTH SERVICE FACILITIES UNDER MEDICARE AND MEDICAID PROGRAMS. (a) MEDICARE PROGRAM.— Section 401 of the Act (42 U.S.C. 1395qq note) is amended to read as follows: "TREATMENT OF PAYMENTS UNDER MEDICARE PROGRAM "SEC 401. (a) Any payments received by a hospital or skilled 25 USC 1641. nursing facility of the Service (whether operated by the Service or by an Indian tribe or tribal organization pursuant to a contract under the Indian Self-Determination Act) for services provided to Indians eligible for benefits under title XVIII of the Social Security Act shall not be considered in determining appropriations for health care and services to Indians. "(b) Nothing in this Act authorizes the Secretary to provide services to an Indian beneficiary with coverage under title XVIII of the Social Security Act, as amended, in preference to an Indian beneficiary without such coverage.". (b) MEDICAID PROGRAM. — (1) Section 402 of the Act is amended to read as follows: "TREATMENT OF PAYMENTS UNDER MEDICAID PROGRAM "SEC 402. (a) Notwithstanding any other provision of law, 25 USC 1642. payments to which any facility of the Service (including a hospital, nursing facility, intermediate care facility for the mentally retarded, or any other type of facility which provides services for which payment is available under title XIX of the Social Security Act) is entitled under a State plan by reason of section 1911 of such Act shall be placed in a special fund to be held by the Secretary and used by him (to such extent or in such amounts as are provided in appropriation Acts) exclusively for the purpose of making any improvements in the facilities of such Service which may be necessary to achieve compliance with the applicable conditions and requirements of such title. In making payments from such fund, the Secretary shall ensure that each service unit of the Service receives at least 80 percent of the amounts to which the facilities of the Service, for which such service unit makes collections, are entitled by reason of section 1911 of the Social Security Act. "(b) Any pa3anents received by such facility for services provided to Indians eligible for benefits under title XIX of the Socisd Security Act shall not be considered in determining appropriations for the provision of health care and services to Indians.". (2) The increase (from 50 percent) in the percentage of the 25 USC 1642 payments from the fund to be made to each service imit of the ^°*^- Service specified in the amendment made by paragraph (1) shall take effect beginning with payments made on January 1, 1993.
�
