Page:United States Statutes at Large Volume 63 Part 1.djvu/1088

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PUBLIC LAWS-CH. 791-OCT. 31, 1949 Commissioner of Indian Affairs be less than the average annual per diem cost of operation and maintenance for 80 per centum of the beds required to be made available. The method of determining aver- age annual per diem cost of operation and maintenance shall be agreed upon between the county of Bernalillo and the Commissioner of Indian Affairs in the contract between them relating to such hospital. Such payments shall be made by the Commissioner of Indian Affairs in Etpiration of au- the manner and at the times agreed upon in said contract: Provided further, That the authority of the Commissioner of Indian Affairs Report to Congress. to make such payments shall expire on June 30, 1954: Provided fur- ther, That on or before December 31, 1953, the Secretary of the Interior is authorized and directed to report to the Congress his rec- ommendations with respect to the amounts (together with the for- mula used in arriving at such amounts) to be paid for such purposes maiver of require- after June 30, 1954: And provided further, That the Commissioner of Indian Affairs may for temporary periods waive the requirements that one hundred beds always be available for Indians, if for any temporary period such a number is not needed or required, and if in return the operator agrees that the minimum charge should be proportionately reduced. Operation by State. SEC. 2 . The county of Bernalillo may, with the consent of the Com- missioner of Indian Affairs, permit such hospital to be operated by the State of New Mexico, or any subdivision thereof, if the laws of Administration by said State permit such operation. The financial cooperation pro- Commissioner ofIdi- a Affmairs. vided for herein shall be conditioned upon the inclusion in the con- tract to be entered into between the Commissioner of Indian Affairs and the proper authorities of Bernalillo County (relating to the con- struction, operation, and maintenance of such hospital) of a re- quirement that in the event the county of Bernalillo, or any of the successor operators of such hospital, shall at any time cease or sus- pend, or be about to cease or suspend, the operation of such hospital, or in the event that the Secretary of the Interior, after such notice and hearing as shall be specified in such contract, shall find that there has been a willful and continuous violation of any of the conditions of section 2 of this Act, the Commissioner of Indian Affairs shall enter and take over the administration of such hospital and of all of its equipment and facilities and operate and maintain the same. In the event the Commissioner of Indian Affairs shall take over the ad- ministration of such hospital as hereinbefore provided, the Bureau of Indian Affairs shall furnish hospitalization, treatment, and med- ical service to non-Indians who are qualified to enter and receive services at such hospital under the laws or regulations of the county of Bernalillo, the State of New Mexico, or the applicable local sub- Reimbursement to division of said State: Provided, That the county of Bernalillo, the State of New Mexico, or subdivision thereof, or the patient, as the case may be, shall reimburse the United States for such services, care, and treatment at rates not in excess of the average annual per diem cost of operation for the entire hospital. Such sums as shall be reimbursed to the United States shall be covered into the Treasury of the United States to the credit of the appropriation from which the hospitalization or medical services are provided, and shall be eturnof adninis- available for the operation and maintenance of the institution. If at any time after the taking over of the administration of such hos- pital by the Commissioner of Indian Affairs, the Board of County Commissioners of Bernalillo County, or the Board of Trustees of the Bernalillo County Hospital, or their successors, shall establish to the satisfaction of the Secretary of the Interior their willingness and ability to operate and maintain such hospital in accordance with this Act and the contract with the Commissioner of Indian Affairs, 1050 [63 STAT.