February 26, 2021 | Issue 21-06 |
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Senate Committee on Indian Affairs Hearing on 117th Congress Priorities |
Witness included:
- The Honorable Fawn Sharp – President of the National Congress of American Indians (NCAI)
- The Honorable Leonard Forsman – President of the Affiliated Tribes of Northwest Indians (ATNI)
- The Honorable Carmen “Hulu” Lindsey – Chair of the Board of Trustees, Office of Hawaiian Affairs
- Julie Kitka – President of the Alaska Federation of Natives
NCAI President Sharp commented that the Tribal provisions in the current House version of the American Rescue Plan should be maintained as a minimum when taken up by the Senate. This includes the $20 billion for Tribal governments and over $6 billion for Tribal healthcare.
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House Appropriations Subcommittee on Labor, Health and Human Services, Education and Related Agencies Hearing on Public Health Infrastructure |
Witnesses included:
- Dr. Marilyn Bibbs-Freeman - Deputy Director, Division of Consolidated Laboratory Services, Office of the Secretary of Administration, Commonwealth of Virginia
- Jennifer Kertanis, - Director of Health, Farmington Valley Health District, Connecticut
- Dr. Umair Shah - Secretary of Health, State of Washington
- Dr. Kathryn Turner - Deputy State Epidemiologist and Chief, Bureau of Communicable Disease Prevention, Idaho Division of Public Health
Notably, there were no Tribal representatives present at the hearing.
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NIHB Submits Testimony to House Energy and Commerce Subcommittee on Health on Tribal Priorities for COVID-19 Vaccines |
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UPDATES FROM THE FEDERAL & STATE ADMINISTRATIONS |
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Congressional Research Service releases guidance on Tribal Consultation. |
On Thursday, February 18, the Congressional Research Service released a brief report titled “Tribal Consultation: Administration Guidance and Policy Consideration”. The report details President Biden’s January 26th Presidential Memorandum that requires agencies to regularly consult with Tribes and the effect that may have on policy moving forward. The priorities cited in President Biden’s January Memorandum include respecting Tribal sovereignty and self-governance, fulfilling federal trust and treaty obligations, and engaging in “regular, meaningful and robust” consultation with Tribes.
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A Notice from HHS on Countermeasures for COVID-19 in Relation to the Public Readiness and Emergency Preparedness Act |
On February 16, the US Department of Health and Human Services (HHS) published a notice of amendment to add categories of qualified persons authorized to prescribe, dispense, and administer covered countermeasures for the Public Readiness and Emergency Preparedness (PREP) Act in relation to COVID-19 treatment. The PREP Act allows for the HHS Secretary to provide liability immunity against certain claim of losses caused by the distribution and administration of these countermeasures to those determined as qualified personnel. Covered persons now include manufacturers, distributors, program planners, and their officials, agents, and employees. This amendment is effective February 16, 2021.
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A Notice from CMS and HHS on Medical Education Affiliation Agreements |
On February 18, the Centers for Medicare and Medicaid Services (CMS) and US Department of Health and Human Services (HHS) released a joint notice on an information collection request titled “Electronic Submission of Medicare Graduate Medical Education Affiliation Agreements.” This collection is a reinstatement without change of a currently approved collection, to be used for residents to form a Medicare Graduate Medical Education (GME) affiliated group who are in similar urban or rural areas, under similar ownership, or if they are both considered program sponsors in the same program by the accrediting agency. In turn, this group will provide flexibility to hospitals in structuring rotations under the full time equivalent resident cap when residents are shared. This collection will allow CMS to obtain efficient documentation of the existence of Medicare GME affiliations. Comments on this information collection are due April 19, 2021.
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HHS Anti-Kickback Statue Delayed due to Court Order |
On February 19, US Department of Health and Human Services (HHS) published a notification of a court-ordered delay of the effective date on a final rule. This final rule detailed regulatory safe harbors to the Federal anti-kickback statute. On January 12, 2021, a lawsuit was filed to challenge this final rule and on January 30, 2021, the court ordered a postponement of the effective date of the provisions. This final rule had originally detailed the removal of safe harbor protections for rebates involving prescription pharmaceuticals and creation of new safe harbor protection for specific point-of-sale reductions in price on prescription pharmaceuticals and certain pharmacy benefit manager service fees. The effective date of the amendments to paragraph 42 CFR 10001.952 (h)(5) to the final rule is now January 1, 2023.
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Update on the Low-Income Home Energy Assistance Program Administrators (LIHEAP) |
Based on the Consolidated Appropriations Act signed on December 21, 2020, funding for the Administration for Children and Families (ACF) was granted to carry out the LIHEAP. Specifically, this funding would go to low-income households who pay a high portion of their income to drinking water and wastewater services. Currently, HHS is seeking immediate action from Chief Executives within each Tribe that currently receive LIHEAP funding to provide a Tribal plan and sign any required certifications or assurances. This Chief Executive must also be able to coordinate with LIHEAP administrators when discussing the existing processes, procedures, policies, and systems needed to expedite funds.
Please send the official designation letter to the following email address LIHWAPTribes@acf.hhs.gov along with a mailing address, phone number, and email address for the responsible tribal official and any assigned program contacts. The identification of the designated Tribal official should be submitted by Mach 8, 2021.
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GRANTS, RESOURCES AND EVENTS |
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NIHB is Hosting a Medicaid Managed Care Listening Session |
On March 4, NIHB is facilitating a Listening Session on Medicaid managed care issues that impact American Indians and Alaska Native (AI/AN) beneficiaries and Indian Health Care Providers. Tribal leaders, technical advisors, health directors, and business office staff are encouraged to attend. Issues identified during the Listening Session will help guide an agenda and discussion topics at an upcoming Managed Care Roundtable taking place in Spring 2021. Follow this link to register for the Listening Session on Thursday, March 4 at 2 pm ET.
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UDSA Tribal Consultations |
In the next two months, the U.S. Department of Agriculture (USDA) holding three Tribal consultations, and the first one was held on February 25 that centered around the Food Distribution Program on Indian Reservations (FDPIR), the 638 Self-Determination Demonstration Project, and the CARES Act expenditures. The second and third consultations will be held on March 9, 2021 and March 11, 2021, respectively, and will cover the “USDA Consultation on Consultations and Racial Equity.” USDA is also offering time for Tribal caucus where USDA staff will not participate.
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HRSA Region 7 Grants Workshop – March 8-9 |
The Health Resources and Services Administration (HRSA) Office of Regional Operations - Region 7 will host a Grants 101 workshop March 8-9 10:00 am to 1:30 pm Eastern Time each day. The workshop will cover the federal grant application process, federal funding opportunities, technical resources, and collaboration with foundations. Click here to register for the workshop. For more information, contact HRSAORORegion7@hrsa.gov
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USDA Tribal Forest Partnership Workshop |
The USDA is hosting a Tribal Forest Partnership and Shared Stewardship Workshop in four sessions on March 24, March 25, March 30, and April 1. The workshop is intended to develop, refine, and implement a shared project proposal on national forests with shared adjacent Tribal lands and the USDA Forest Service 638 Project Level Authority.
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Visit the NIHB COVID-19 Tribal Resource Center at:
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