Deeming An Urban Indian Organization and Employees A Part of Public Health Service

Floor Speech

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Mr. GALLEGO. Madam Speaker, I move to suspend the rules and pass the bill (H.R. 6535) to deem an urban Indian organization and employees thereof to be a part of the Public Health Service for the purposes of certain claims for personal injury, and for other purposes, as amended.

The Clerk read the title of the bill.

The text of the bill is as follows: H.R. 6535

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. DEEMING AN URBAN INDIAN ORGANIZATION AND EMPLOYEES THEREOF TO BE A PART OF THE PUBLIC HEALTH SERVICE FOR THE PURPOSES OF CERTAIN CLAIMS FOR PERSONAL INJURY.

Title V of the Indian Health Care Improvement Act (25 U.S.C. 1651) is amended by adding at the end the following: ``SEC. 519. DEEMING AN URBAN INDIAN ORGANIZATION AND EMPLOYEES THEREOF TO BE A PART OF THE PUBLIC HEALTH SERVICE FOR THE PURPOSES OF CERTAIN CLAIMS FOR PERSONAL INJURY.

``Section 102(d) of the Indian Self-Determination and Education Assistance Act shall apply--

``(1) to an Urban Indian organization to the same extent and in the same manner as such section applies to an Indian tribe, a tribal organization, and an Indian contractor; and

``(2) to the employees of an Urban Indian organization to the same extent and in the same manner as such section applies to employees of an Indian tribe, a tribal organization, or an Indian contractor.''. SEC. 2. DETERMINATION OF BUDGETARY EFFECTS.

The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.
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Mr. GALLEGO. Madam Speaker, I yield myself such time as I may consume.

Madam Speaker, H.R. 6535, the Coverage for Urban Indian Health Providers Act, is a bipartisan bill authored by myself and Representative Markwayne Mullin of Oklahoma.

This bill would uphold our trust responsibility, provide long-overdue parity to the Indian Health System by extending Federal Tort Claims Act coverage to urban Indian organizations, and direct their scarce resources to saving lives instead of bureaucratic overhead.

This broadly supported policy change was also included in the President's fiscal year 2021 budget proposal.

As part of our trust and treaty responsibilities, the U.S. Government has a legal responsibility to provide healthcare to Native Americans and Alaska Natives. Congress created the Indian Health System to carry out this obligation.

The Indian Health System is made up of the Indian Health Service; Tribal health programs; and urban Indian organizations, known as UIOs.

UIOs play a pivotal role in upholding the trust responsibility by providing culturally competent care to the over 70 percent of American Indians and Alaska Natives who live in urban areas, like my district in Phoenix, Arizona.

However, despite the pivotal role they play, UIOs are the only branch of the Indian Health System that are not currently eligible for liability coverage under the Federal Tort Claims Act, known as FTCA.

As a result, each UIO is forced to spend up to $250,000 per year on individual medical liability policies. If we pass this bill today, that quarter of a million dollars will instead be spent directly on patient care and the resources these clinics need to fight COVID-19. That is why passing H.R. 6535 is especially critical now, in the midst of a pandemic that has hit Native populations the hardest, and UIOs have been disproportionately the ones servicing them and also hit hard.

This year, over 80 percent of UIOs have cut services due to the resource shortages they are experiencing, and at least three have had to shut their doors during the first wave of the pandemic. Cuts to services are devastating for the vulnerable Native communities and the UIOs that serve them. I know because I have heard from my constituents what a critical role UIOs, like Native Health of Phoenix, play in the daily lives of urban Indians.

From free food deliveries during the pandemic to seniors and low- income families, to COVID testing, primary care, and social services, UIOs and their staffs are pillars of the communities they serve and they save lives.

These heroic frontline staffs should not be singled out for exclusion from coverage under FTCA merely due to which part of the Indian Health System they serve in. Passing H.R. 6535 would immediately make these health providers eligible for FTCA coverage, and it would create a financial lifeline for these cash-strapped health clinics serving on the front lines of the pandemic.

I urge my colleagues to support frontline health workers, support Native communities, and support upholding our trust responsibilities by voting ``yes'' on this bill.

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Mr. GALLEGO. Madam Speaker, I urge my colleagues to support this legislation, and I yield back the balance of my time.

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