Sec 36-2902.02. Advisory council on Indian health care; duties

A. The advisory council on Indian health care shall:

1. Hire and employ a director who shall hire and employ staff, subject to legislative appropriation, for purposes relating to the functions of the advisory council. The staff shall provide technical assistance to tribal governments on tribal health care initiatives. The director, on behalf of the council, shall annually notify the director of the Arizona health care cost containment system administration of the amount of appropriation required by the council for the following fiscal year.

2. Develop a comprehensive health care delivery and financing system for American Indians, specific to each Arizona Indian tribe, with a focus on creating Indian health care demonstration projects pursuant to title XIX of the social security act. In performing this duty the advisory council shall:

(a) Develop a comprehensive health care delivery and financing system, specific to each Arizona Indian tribe, that uses title XIX funds and builds on currently available private, state and federal funds.

(b) Develop new title XIX demonstration projects, specific to each Arizona Indian tribe, both on and off reservations in cooperation with this state and the federal government.

(c) Facilitate communications, planning and discussion among tribes, this state and federal agencies regarding operations, financing, policy and legislation relating to Indian health care.

(d) Recommend and advocate tribal, state and federal policy and legislation that supports the design and implementation of health care delivery and financing systems specific to each Arizona Indian tribe.

(e) Notwithstanding section 36-2903.01, subsection B, in conjunction with the administration, request a federal waiver from the United States department of health and human services that allows tribal governments that perform eligibility determinations for temporary assistance for needy families programs to perform the medicaid eligibility determinations for persons who apply for services pursuant to section 36-2901, paragraph 6, subdivision (a). If the waiver is approved, the state shall provide the state matching monies for the administrative costs associated with the medicaid eligibility based on federal guidelines. As part of the waiver, the administration shall recoup from a tribal government all federal fiscal sanctions that result from inaccurate eligibility determinations.

(f) Perform other duties as requested by the legislature.

B. The director, on notification by the advisory council, shall include the amount of the appropriation request in the administration's annual appropriations request.