123STA T .5 1 0PUBLIC LA W 111 – 5 —FE B.1 7, 200 9(2)AP P LICAT I ON TOC H IP .—Section 2 107 (e)(1) o fsu c h Act ( 4 2 U .S. C . 1 39 7 g g(1)) ,a sa m en d ed by subsection (b)(2), is amended— (A) by r edesignating sub p aragraph ( J ) as subparagraph ( K )
and ( B ) by inserting after subparagraph ( I )thefo l lo w ing new subparagraph
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‘(J) Subsections (a)(2)(C) and (h) of section 1932. ’ ’. (e) CON SU LTATION ON MED ICAID, CHIP, AND O THE RH EALTH CARE P RO G RA M S F UNDED UNDER THE SOCIAL SECURIT Y ACT IN V OLVING INDIAN HEALTH PROGRAMS AND UR B AN INDIAN ORGANI Z ATIONS.— (1) CONSULTATION W ITH TRIBAL TECHNICAL ADVISORY GROUP ( TTAG ) .— T he Secretary of Health and Human Ser v ices shall maintain within the Centers for Medicaid & Medicare Services (CMS) a Tribal Technical Advisory G roup (TTAG), which was first established in accordance with re q uirements of the charter dated September 30, 2003, and the Secretary of Health and Human Services shall include in such Group a representative of a national urban Indian health organi z ation and a represent - ative of the Indian Health Service. The inclusion of a represent- ative of a national urban Indian health organization in such Group shall not affect the nonapplication of the Federal Advisory Committee Act ( 5 U.S.C. App.) to such Group. (2) SOLICITATION O F ADVICE UNDER MEDICAID AND CHIP.— (A) MEDICAID STATE PLAN AMENDMENT.—Section 1902(a) of the Social Security Act (42 U.S.C. 139 6 a(a)), as amended by section 501(d)(1) of the Children’s Health Insurance Program R eauthorization Act of 2009 (Public L aw 111 – 3), (42 U.S.C. 1396a(a)) is amended— (i) in paragraph (71), by stri k ing ‘‘and’’ at the end; (ii) in paragraph (72), by striking the period at the end and inserting ‘‘; and’’; and (iii) by inserting after paragraph (72), the following new paragraph: ‘‘(73) in the case of any State in which 1 or more Indian Health Programs or Urban Indian Organizations furnishes health care services, provide for a process under which the State seeks advice on a regular, ongoing basis from designees of such Indian Health Programs and Urban Indian Organiza- tions on matters relating to the application of this title that are likely to have a direct effect on such Indian Health Pro- grams and Urban Indian Organizations and that— ‘‘(A) shall include solicitation of advice prior to submis- sion of any plan amendments, waiver requests, and pro- posals for demonstration pro j ects likely to have a direct effect on Indians, Indian Health Programs, or Urban Indian Organizations; and ‘‘(B) may include appointment of an advisory committee and of a designee of such Indian Health Programs and Urban Indian Organizations to the medical care advisory committee advising the State on its State plan under this title.’’. (B) APPLICATION TO CHIP.—Section 2107(e)(1) of such Act (42 U.S.C. 1397gg(1)), as amended by subsections (b)(2) and (d) (2), is amended— Establi s hmen t .42USC13 2 0 b – 24.
