124 STAT. 936 PUBLIC LAW 111–148—MAR. 23, 2010 (1) Section 119 of the Indian Health Care Improvement Act (as amended by section 111 of the bill referred to in sub- section (a)) is amended— (A) in subsection (d)— (i) in paragraph (2), by striking ‘‘In establishing’’ and inserting ‘‘Subject to paragraphs (3) and (4), in establishing’’; and (ii) by adding at the end the following: ‘‘(3) ELECTION OF INDIAN TRIBE OR TRIBAL ORGANIZATION.— ‘‘(A) IN GENERAL.—Subparagraph (B) of paragraph (2) shall not apply in the case of an election made by an Indian tribe or tribal organization located in a State (other than Alaska) in which the use of dental health aide thera- pist services or midlevel dental health provider services is authorized under State law to supply such services in accordance with State law. ‘‘(B) ACTION BY SECRETARY.—On an election by an Indian tribe or tribal organization under subparagraph (A), the Secretary, acting through the Service, shall facilitate implementation of the services elected. ‘‘(4) VACANCIES.—The Secretary shall not fill any vacancy for a certified dentist in a program operated by the Service with a dental health aide therapist.’’; and (B) by adding at the end the following: ‘‘(e) EFFECT OF SECTION.—Nothing in this section shall restrict the ability of the Service, an Indian tribe, or a tribal organization to participate in any program or to provide any service authorized by any other Federal law.’’. (2) The Indian Health Care Improvement Act (as amended by section 134(b) of the bill referred to in subsection (a)) is amended by striking section 125 (relating to treatment of schol- arships for certain purposes). (3) Section 806 of the Indian Health Care Improvement Act (25 U.S.C. 1676) is amended— (A) by striking ‘‘Any limitation’’ and inserting the fol- lowing: ‘‘(a) HHS APPROPRIATIONS.—Any limitation’’; and (B) by adding at the end the following: ‘‘(b) LIMITATIONS PURSUANT TO OTHER FEDERAL LAW.—Any limitation pursuant to other Federal laws on the use of Federal funds appropriated to the Service shall apply with respect to the performance or coverage of abortions.’’. (4) The bill referred to in subsection (a) is amended by striking section 201. Subtitle C—Provisions Relating to Title III SEC. 10301. PLANS FOR A VALUE-BASED PURCHASING PROGRAM FOR AMBULATORY SURGICAL CENTERS. (a) IN GENERAL.—Section 3006 is amended by adding at the end the following new subsection: ‘‘(f) AMBULATORY SURGICAL CENTERS.— ‘‘(1) IN GENERAL.—The Secretary shall develop a plan to implement a value-based purchasing program for payments under the Medicare program under title XVIII of the Social 42 USC 1395l, 1395qq. Applicability. Abortions. 25 USC 1616r. 25 USC 1616l.
