(1) Application Except as provided in paragraph (2)(B), in order to be eligible for participation in the program established under this section, an Indian tribe, tribal organization, or Alaska Native health organization shall submit an application to the Secretary that establishes to the satisfaction of the Secretary that
(A) the Indian tribe, tribal organization, or Alaska Native health organization contracts or compacts for the operation of a facility of the Service;
(B) the facility is eligible to participate in the medicare or medicaid programs under section 1880 or 1911 of the Social Security Act (
42 U.S.C.
1395qq; 1396j);
(C) the facility meets the requirements that apply to programs operated directly by the Service; and
(D) the facility
(i) is accredited by an accrediting body as eligible for reimbursement under the medicare or medicaid programs; or
(ii) has submitted a plan, which has been approved by the Secretary, for achieving such accreditation.
(2) Approval
(A) In general
The Secretary shall review and approve a qualified application not later than 90 days after the date the application is submitted to the Secretary unless the Secretary determines that any of the criteria set forth in paragraph (1) are not met.
(B) Grandfather of demonstration program participants
Any participant in the demonstration program authorized under this section as in effect on the day before November 1, 2000, shall be deemed approved for participation in the program established under this section and shall not be required to submit an application in order to participate in the program.
(C) Duration
An approval by the Secretary of a qualified application under subparagraph (A), or a deemed approval of a demonstration program under subparagraph (B), shall continue in effect as long as the approved applicant or the deemed approved demonstration program meets the requirements of this section.