The National Indian Health Board is a dedicated advocate to Congress on behalf of all Tribal Governments and American Indians/Alaska Natives. Each weekly issue contains a listing of current events on Capitol Hill, information on passed and upcoming legislation, Indian health policy analysis, and action items. To view all of our legislative resources, please visit www.nihb.org/legislative/washington_report.php. | |
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NIHB Joins Amicus Brief In Support of Upholding ICWA In Supreme Court Case Haaland v. Brackeen
On August 19, 2022, the National Indian Health Board (NIHB) joined 497 Tribes and 62 Tribal and Tribal organizations to submit an amicus brief in support of upholding the Indian Child Welfare Act (ICWA) in the Supreme Court case Haaland v. Brackeen. This highlights Indian Country’s unity in protecting and defending Native children, their families, and Tribal sovereignty. NIHB is proud to join this brief in support of preserving and strengthening ICWA’s ability to protect our children.
This case has huge implications for our children and their families and can potentially impact the future of Tribal nations. If the protections of ICWA are dismantled, opponents could set legal precedent that has serious consequences for other issues like Tribal economic development and land rights. Oral argument for this case has been scheduled for Wednesday, November 9, 2022, and we are hopeful that this strong showing by Tribes and Tribal organizations will result in a positive outcome for Indian Country and our children.
Congress enacted ICWA in 1978 as an exercise of its well-established federal trust responsibility for Tribes and their members. Congress enacted ICWA to address a nationwide crisis: the wholesale removal of Indian children from their families by state and private child welfare agencies—often without due process—at rates far higher than those of non-Indian families. Removing children from their culture and communities can adversely impact health and mental health outcomes.
Supporting ICWA means supporting Native children, youth, and families. ICWA ensures that children’s and families’ best interests are considered in making decisions over child placement, placing children with their extended families or community, when possible—which is regarded as the gold standard in child welfare practice. ICWA is not only constitutional but also upholds and respects Tribal sovereignty.
Click here to find a copy of the Tribal Amicus Brief.
Learn more about Brackeen v. Haaland here.
For questions, please contact NIHB Federal Relations Director, A.C. Locklear, J.D., at alocklear@nihb.org.
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Tribes Share Initial Support: NIHB and NCAI Seek Tribal Testimony on Advance Appropriations
The National Indian Health Board (NHIB) and the National Congress of American Indians (NCAI) are partnering to reach out to Tribes in order to amplify your voice and help save Native lives. We are collecting primary data from Tribes on the impacts of government shutdowns on the delivery of Indian Health Service (IHS) programs.
Endorsing advance appropriations for the IHS, the Biden Administration is aware of the adverse impacts of discretionary funding and has included advance appropriation in the fiscal year (FY) 2023 budget proposal.
While the House did not include advance appropriations in its spending bill and the Senate did include advance appropriations in its spending bill, the securement for advance appropriations for IHS is not secured yet.
Tribes need advance appropriations for IHS funding now. Allies in Congress are asking for your stories to help get their colleagues on board. Members of Congress frequently ask, “Why do Tribes need Advance Appropriations?” and “How do funding disruptions harm Tribal nations and their people?”
Sharing stories with NIHB and NCAI through the survey, Tribal leaders and Tribal health directors have noted federal governmental shutdowns result in loss of patient contact hours, loss of third-party billing opportunity and revenue, and loss of hours of operations of health services.
"Being critically underfunded affects the services we can provide especially in very remote areas, also not having advanced appropriations makes it hard to plan, and also having to supplement from our third-party funds takes away from the additional services we are able to provide to due people due to no access due because of our location."
Testifying in support of advance appropriations, a Tribe noted that "people who actually visit villages, will better understand [their] living conditions, and see how remote [they] are. Transportation is mainly by aircraft; others, if the weather is allowable, travel by boats and during the winter by snowmobiles".
For NIHB and NCAI to effectively better advocate for advance appropriations in Congress, it would be beneficial for your Tribe or Tribal health director to fill out this survey. In addition, you will be routed to a separate link to enter to win a Pendleton for taking this survey.
For questions, please contact NIHB Director of Government Relations Aaron Payment, EdD, at apayment@nihb.org.
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Representative Tom Cole (R-OK-4)
Representative Tom Cole is currently serving his tenth year in the U.S House of Representatives and is seeking re-election in the 2022 elections. One of only five Native American/American Indians (AI/ANs) currently serving in Congress, Cole is an enrolled member of the Chickasaw Nation of Oklahoma. Cole serving as one of the co-chairs of the House Native American Caucus, along with Rep. Sharice Davids (D-KS), is a friend of Tribal healthcare and advocates for Tribal governments in Congress. He also advocates for small businesses and taxpayers, national defense, and biomedical research.
Cole leads the Subcommittee on Labor, Health and Human Services, and Related Agencies on the Committee on Appropriations. He is also the Ranking Member for the Committee on Rules.
On April 7, 2022, Representative Tom Cole (R-OK-4) introduced a bill to amend the Indian Self-Determination and Education Assistance Act (ISDEAA) to secure existing Tribal contract support cost reimbursements. The bill titled Indian Health Service (IHS) Contract Support Cost (CSC) Amendment Act, H.R 7455, amends the ISDEAA so that amounts needed to ensure compliance with the contract, under self-governance contracts and compacts, are eligible for reimbursement. NIHB applauds the work of Representative Cole and his work for Tribal nations to continue providing healthcare without disruptions and is committed to overseeing the passage of this bill. To read the letter NIHB sent to Cole's office on April 26 sharing our support for H.R 7455, see here.
On the same note, Cole cosponsored a bill that would permanently extend Medicaid flexibilities relating to Indian health care providers. The bill, Improving Access to Indian Health Services Act, permanently expands coverage to include clinical services that are furnished outside of a clinic by an Indian Health Service (IHS) facility, a Tribe or Tribal organization, or an Urban Indian Organization (UIO).
As co-chair of the House Native American Caucus, Cole cosponsored co-chair's Rep. David's bill titled Truth and Healing Commission Indian Boarding School Policies Act. This bill establishes a Truth and Healing Commission on Indian Boarding School Policies to investigate the boarding school era policies. It then would make recommendations on ways to protect unmarked graves, identify Tribal nations in which children were forcibly removed, and protect and shield Native families and children from separation. See National Indian Health Board's Resolution No. 22-01 here.
Supporting a longstanding Tribal request, Cole cosponsored late Rep. Young's bills that would provide advance appropriations for the IHS. See here and here.
Lastly, supporting the improvement of emergency preparedness of Tribal Nations, Cole cosponsored a bill that would enable public health parity between IHS and Department of Health and Human Services. Specifically, it would require HHS to deploy public health emergency resources from the Strategic National Stockpile directly to IHS facilities or programs.
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Office of Management and Budget to Hold Tribal Consultation on FY 2024 President's Budget
The Office of Management and Budget (OMB) is holding a Tribal consultation on the input on the development of the President’s Fiscal Year (FY) 2024 Budget. The Tribal consultation announcement is located on the White House Tribal Consultation website.
OMB last held a Tribal consultation in May on the 2023 President’s Budget. OMB received great questions during the consultation. You can find OMB's responses at OMB May Tribal Consultation Questions and Answers.
Tribal leaders and their designees are invited to provide comments and feedback on the FY 2024 President’s Budget for programs and activities serving and benefitting Tribal governments, organizations, and communities.
When registering for the teleconference, you will be asked to provide your name, email, title, Tribal leadership position, and Tribal affiliation. You will receive the call-in number and a unique participant code following registration. If possible, Tribal leaders are encouraged to call on the same phone line to allow maximum participation for all who want to attend.
If registration is not possible, or if you are having difficulty registering, please email tribalconsultation@omb.eop.gov for alternate participation information.
Submit written comments to tribalconsultation@omb.eop.gov by October 14, 2022.
OMB Tribal Consultation on FY24 President's Budget
September 12, 2022
2:00 PM – 4:00 PM ET
Registration Link here
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All Tribes Webinar: Proposed Policy Changes for Medicare Payments under the 2023 Physician Fee Schedule and other Medicare Part B Issues
The Centers for Medicare & Medicaid Services (CMS) Division of Tribal Affairs (DTA) and the Centers for Medicare (CM) will host an All Tribes Webinar on Thursday, September 1, 2022, at 2:00-3:00 PM ET to provide an overview of proposed policy changes for Medicare payments under the Physician Fee Schedule Proposed Rule (PFS) and other Medicare Part B issues.
Since 1992, Medicare payment has been made under the Physician Fee Schedule for the services of physicians and other billing professionals. Physicians’ services paid under the Physician Fee Schedule are furnished in a variety of settings, including physician offices, hospitals, ambulatory surgical centers, skilled nursing facilities and other post-acute care settings, hospices, outpatient dialysis facilities, clinical laboratories, and beneficiaries’ homes. Payment is also made to several types of suppliers for technical services, most often in settings for which no institutional payment is made.
The purpose of this All Tribes Webinar is to provide an overview of the proposed policy changes under this year’s Physician Fee Schedule Proposed Rule. On July 7, 2022, CMS issued a proposed rule that announces and solicits public comments on proposed policy changes for Medicare payments under the Physician Fee Schedule, and other Medicare Part B issues, effective on or after January 1, 2023.
The calendar year (CY) 2023 PFS is one of several proposed rules that reflect a broader Administration-wide strategy to create a more equitable health care system that results in better accessibility, quality, affordability, and innovation.
Comments on the CY 2023 PFS are due by September 6 and can be submitted here.
The fact sheet for the PFS, can be found here.
The fact sheet for the shared savings program provisions can be found here.
All Tribes Webinar
Thursday, September 1, 2022
2:00-3:00 PM Eastern Time
Register here
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National Tribal Health Conference and 50th Anniversary Celebration
THE POWER OF IDENTITY: A PATH TO TRIBAL HEALTH EQUITY
Join the National Indian Health Board (NIHB) as we take a look back at the history of NIHB and build our plans for the next 50 years. Together we will explore the topics of health equity, health policy, Tribal advances in health, and many more. The National Tribal Health Conference (NTHC) The event will be held in Washington, DC at the Hyatt Regency Capitol Hill from September 25-29, 2022. Learn more and register here.
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