This text of North Dakota § 50-24.1-40 (Medical assistance - Tribal health care coordination agreements - Continuing appropriation - Report to legislative management) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Continuing appropriation - Report to legislative management.
1.As used in this section:
a."Care coordination agreement" means an agreement between a health care
provider and tribal health care organization which will result in one hundred
percent federal funding for eligible medical assistance provided to an American
Indian.
b."Tribal health care organization" means Indian health services or a tribal entity
providing health care under the federal Indian Self-Determination and Education
Assistance Act of 1975 [Pub. L. 93-638; 88 Stat. 2203; 25 U.S.C. 5301 et seq.]. 2.The department shall facilitate care coordination agreements. Of any federal funding
received in excess of the state's regular share of federal medical assistance funding
which results from care coordination agreements, the
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Continuing appropriation - Report to legislative management.
1. As used in this section:
a. "Care coordination agreement" means an agreement between a health care
provider and tribal health care organization which will result in one hundred
percent federal funding for eligible medical assistance provided to an American
Indian.
b. "Tribal health care organization" means Indian health services or a tribal entity
providing health care under the federal Indian Self-Determination and Education
Assistance Act of 1975 [Pub. L. 93-638; 88 Stat. 2203; 25 U.S.C. 5301 et seq.].
2. The department shall facilitate care coordination agreements. Of any federal funding
received in excess of the state's regular share of federal medical assistance funding
which results from care coordination agreements, the department shall deposit eighty
percent in the tribal health care coordination fund and twenty percent in the general
fund.
3. There is created in the state treasury a tribal health care coordination fund.
a. Moneys in the fund are appropriated to the department on a continuing basis for
distribution to a tribal government in accordance with an agreement between the
department and a tribal government. The agreement between the department
and a tribal government must require the tribe to:
(1) Use the money distributed under this section for purposes related to the
ten essential services of public health identified by the federal centers for
disease control and prevention and the development or enhancement of
community health representative programs or services.
(2) Submit to the department annual reports detailing the use of the money
distributed under this section.
(3) Submit to the department every two years an audit report, conducted by an
independent licensed certified public accountant, of the tribal government
use of the money distributed under this section. A tribal government may
use money distributed under this section to pay for this audit report. At the
discretion of a tribal government, an audit may be conducted more often
than every two years.
b. The distribution of moneys from the fund to a tribal government must be in
proportion to the federal funding received from care coordination agreement
requests for services originating from within that tribal nation.
c. At least annually, upon completion of any auditing and verification actions of the
department, the department shall distribute moneys from the fund to the tribal
government.
d. If a tribal government fails to file with the department a timely annual report or
audit report, the department shall withhold distribution of moneys from the fund to
the tribal government until the report is filed.
e. If an audit report or the department's review of the annual report finds a tribal
government used moneys distributed from the fund for a purpose inconsistent
with this section, the department shall withhold future distributions to that tribal
government in an amount equal to the money used improperly. The department
shall distribute money withheld from a tribal government under this subdivision if
a future audit report indicates moneys distributed from the fund are used for
purposes consistent with this section.
4. Before August of each even-numbered year, the department shall compile and
summarize the annual reports and audit reports from the participating tribal
governments data and provide the legislative management with a biennial report on
the fund. Each participating tribe shall compile data and provide the legislative
management with a biennial report on the tribe's use of money distributed from the
fund.