25.0793.01000
Sixty-ninth
Legislative Assembly
of North Dakota
Introduced by
Representatives Dobervich, Brown, Davis, Finley-DeVille, Foss, Holle, Mitskog
Senators Cleary, Marcellais, Walen
A BILL for an Act to amend and reenact subsection 3 of section 50-24.1-40 of the North Dakota
Century Code, relating to the tribal health care coordination fund.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Subsection 3 of section 50-24.1-40 of the North Dakota
Century Code is amended and reenacted as follows:
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 heathhealth identified by the federal centers
for disease control and prevention and the development or enhancement of
community health representative programs or services; however, through
June 30, 2025, no more than fifty percent, and thereafter, no more than
thirty-five percent, may be used for capital construction.
(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.
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HOUSE BILL NO. 1461
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24 Sixty-ninth
Legislative Assembly
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.
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