WASHINGTON, DC – Today, U.S. Senator John Barrasso (R-Wyo.) and U.S. Senator John Thune (R-S.D.) reintroduced legislation to address persistent failures and increase accountability at the Indian Health Service (IHS).

Consistent shortcomings, unmet staffing needs, lack of oversight and longstanding deficiencies at the IHS have resulted in significant gaps in tribal citizens accessing high-quality care. The Restoring Accountability in the Indian Health Service Act of 2023 (S. 3130) addresses the many issues recipients of IHS care face by improving patient access to safe and reliable health services.

“The failures across the Indian Health Service (IHS) are appalling, heartbreaking and unacceptable,” said Senator Barrasso. “Our legislation brings much-needed accountability and transparency to the IHS. Tribal leaders, citizens and health care providers deserve a voice in how to improve and increase their access to high-quality care. The steps laid out in our bill will help ensure Native American patients in Wyoming and across the country receive the health care they need and deserve.”

“Native American patients, families, and communities in South Dakota must have access to reliable, quality health care,” said Senator Thune. “This bill would make critical improvements to the delivery of care at IHS facilities in South Dakota and around the country. We must hold IHS accountable to Congress and, more importantly, the patients they serve.”

Co-sponsors of this legislation include U.S. Senators Cynthia Lummis (R-Wyo.), Steve Daines (R-Mont.), John Hoeven (R-N.D.), and Mike Rounds (R-S.D.).

Background:

The Restoring Accountability in the Indian Health Service Act of 2023 will improve transparency, oversight and accountability by:

• Imposing a robust Tribal culture and history competency requirement for employees.
• Requiring the Department of Health and Human Services (HHS) to issue best practices for Area offices and governing boards.
• Establishing a compliance assistance program for underperforming facilities.
• Assisting facilities in adopting more suitable quality and performance metrics.
• Requiring IHS to develop standards to measure the timeliness of care.
• Directing CMS to conduct and make public surveys of hospitals and skilled nursing facilities.
• Improving information-sharing between IHS and state medical boards regarding a provider’s history of violations and any ongoing investigations.
• Creating an Office of Patient Advocacy to assist patients in resolving facility complaints and granting patients the right to a medical chaperone.
• Strengthening whistleblower protections.
• Requiring a GAO report on patient harm events and denials of care.
• Requiring HHS to provide annual reports on spending across IHS facilities.

This legislation also addresses staff recruitment and retention shortfalls by:

• Requiring IHS to establish a competitive pay system for IHS health care personnel based on VA health care professional pay scales.
• Expanding eligibility for the Indian Health Service Loan Repayment Program.

Full text of the legislation can be found here.

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