Huge Win for IHS Clinics

San Carlos Apache Tribe vs Becerra

If you’re not already following us on all socials, please do so to stay the most up to date and informed as possible. The links are posted below.

Via Bloomberg Law

The Supreme Court made a decision about money for Tribal health care. They basically ruled that Tribes can ask the federal government to pay back certain costs for running their own health programs.

The Supreme Court ruled against the Biden administration on how to divvy up a limited pot of money for tribal health care.

The 5-4 ruling written by Chief Justice John Roberts on Thursday said tribes can sue the federal government to recoup certain administrative expenses associated with running their own health care programs.

Justice Brett Kavanaugh, joined by Clarence Thomas, Samuel Alito, and Amy Coney Barrett, dissented.

The case centers on the Indian Self-Determination and Education Assistance Act, which is intended to encourage tribal self-determination.

The law allows tribes to run their own health care programs using money the Indian Health Service would otherwise tap to provide the same care.

Roberts said a contrary ruling would frustrate the purpose of the law.

It was passed to ensure that tribes had “an effective voice in planning and implementation of programs responsive to the true needs of their communities,” he said. But a ruling in the other direction would inflict “a penalty on tribes for opting in favor of greater self-determination.”

Funding Gap

All parties agree that the government must reimburse tribal-run programs for at least some administrative costs. That’s because tribes incur overhead and administrative expenses that the government doesn’t. For example, the government can rely on the Office of Personnel Management for general administrative functions, whereas tribes can’t.

So, reimbursement of those costs are “necessary to prevent a funding gap between tribes and IHS,” Roberts said.

The question for the justices was whether the government also had to reimburse administrative costs associated with third-party payers like Medicare, Medicaid, and private insurers.

The majority held that the statute clearly covers those costs as well, siding with the two tribes that sued the government for additional funds.

The San Carlos Apache Tribe in southeastern Arizona says the government underpaid it by about $3 million for a three-year contract. The Northern Arapaho Tribe in west central Wyoming says they were underpaid approximately $1.5 million over two years.

Divert Funding

The dissent, however, said the court’s decision upends the government’s “long-settled understanding” that tribes must pay for these costs.

Moreover, given that the funds appropriated for tribal health care is necessarily limited, the court’s ruling will “divert funding from poorer tribes” who can’t run their own programs to “richer tribes” that can,” Kavanaugh said. 

Noting that Congress currently “appropriates about $8 billion annually for Indian health care,” he said the court’s decision could “cost between $800 million and $2 billion annually” and possibly billions more retroactively. 

The cases are Becerra v. San Carlos Apache Tribe, U.S., No. 23-250 and Becerra v. Northern Arapaho Tribe, U.S., No. 23-253. 

Here's a simplified breakdown of the main points:

Background: There's a law called the Indian Self-Determination and Education Assistance Act. It helps tribes run their own health care programs with money that would normally go to the Indian Health Service (IHS).

The Ruling: The Supreme Court said Tribes can get reimbursed for extra administrative costs, like handling paperwork and managing the programs. This includes costs from dealing with Medicare, Medicaid, and private insurance.(3^rd Party Revenue)

The Disagreement: Not all the justices agreed. Some argued that this decision might take money away from poorer tribes who can't run their own programs. It was 5-4 in favor.

Impact: The Tribes who brought the case said the government owed them money—$3 million to the San Carlos Apache Tribe and $1.5 million to the Northern Arapaho Tribe. The decision could lead to the government paying tribes between $800 million and $2 billion more each year.

Final thoughts: In short, the Supreme Court decided that the government needs to pay Tribes back for the costs of running their health programs, which is a win for the Tribes seeking more control and better funding for their health care.

As always, If you don’t know now you know, a Native!

Pomo Art Contest

Attention all artists,

Want a chance at some extra cash? Well here’s one.

Design a Pomo Flag (manually or digitally) representing all Pomo people. Be creative in using Pomo designs, images, and traditional elements to unify our Pomo community.

Go to their website and hit the button connecting you to our online application. Fill out the application and see the official rules for your chance to win $1,000.

Please share this with as many Native artists as you can.

Wilma Mankiller - Cherokee

Wilma Mankiller, born on November 18, 1945, in Tahlequah, Oklahoma, was a visionary leader, activist, and the first woman elected as Principal Chief of the Cherokee Nation. With courage, determination, and a deep commitment to her community, Mankiller left an indelible mark on Native rights and women's empowerment. 

Growing up in rural Oklahoma, Mankiller witnessed firsthand the challenges faced by Tribal communities, including poverty, discrimination, and the loss of cultural heritage. Inspired by her Cherokee ancestry and the teachings of her elders, she embarked on a lifelong journey of activism and advocacy to uplift her people and create positive change.

Mankiller's leadership emerged during the American Indian Movement (AIM) in the 1970s, where she played a pivotal role in organizing grassroots initiatives to address social and economic issues affecting Natives. Her work caught the attention of Tribal leaders, leading to her appointment as Deputy Chief of the Cherokee Nation in 1983.

In 1985, Mankiller made history when she was elected as Principal Chief of the Cherokee Nation, becoming the first woman to hold the highest office in the tribe. During her tenure, she implemented groundbreaking initiatives to improve healthcare, education, and economic development for the Cherokee people, earning widespread praise for her visionary leadership.

Mankiller's legacy extends far beyond her time in office. She was a fierce advocate for women's rights and gender equality, inspiring countless women to pursue leadership roles and break down barriers in their communities. Her memoir, "Mankiller: A Chief and Her People," remains a powerful testament to her life's work and the resilience of the Cherokee Nation.

Throughout her life, Wilma Mankiller remained committed to her vision of a world where all people, regardless of race or gender, could thrive in harmony with the land and each other. Her legacy continues to inspire future generations to stand up for justice, equality, and the rights of Native peoples everywhere.

This section as always is brought to you by the Kossin Brand.

The purpose of the Kossin brand is to connect our people through inclusivity and commonalities.

Many other brands and companies aim to divide and conquer, however at Kossin they do not.

If you enjoy this section and being introduced to a new Native every week please click the “Support Kossin Here” button below and support them by buying some Kossin Merch.

BRAND NEW MERCH COMING SOON

If you enjoy our memes don’t forget to follow on Twitter now known as X.com, Instagram and Tik Tok for more exclusive content. The profile links are listed below. @LouistheNative on all platforms. 

Viejas Band of Kumeyaay Indians

The next time you’re in the San Diego area and looking for an all-inclusive stay and play experience, look no further than Viejas Casino and Resort.

Embark on an exhilarating gaming journey as you explore their expansive selection of the latest and greatest slot machines, boasting an impressive array of 2,500 on the gaming floor. Their collection spans a multitude of themes, each offering its own unique charm. From bonus rounds that promise extra rewards, to free spins that keep the excitement flowing. Fortunes await those who dare to spin.

For those who crave more than the whims of chance, their meticulously designed gaming tables beckon. Discover classics like blackjack, poker, roulette, craps, and baccarat, each a masterpiece of skill and strategy. Engage in exhilarating battles of wits as you take on fellow players or challenge the house itself. Whether you're a seasoned pro or a novice looking to test your skill, their tables offer a thrilling blend of competition and entertainment.

For our cherished Aunties, armed with their lucky daubers and an unwavering passion for Bingo, Viejas Casino presents an extraordinary haven of possibilities. Within their welcoming walls, they offer a Bingo experience that stands out as a true gem, where fortune may just grace you with a remarkable victory.

After a long day of winning, you’re going to need somewhere to rest your head and count your money. Lucky for you, Viejas has you covered.  Take your pick from three hotel towers totaling just under 400 rooms, half of them being deluxe, the other half being suites, all of them being luxurious.  

Are you overdue for some much-needed retail therapy? Then you’re in luck. Directly across the street you’ll find the Viejas Retail Outlets.

Elevate your fitness game, without emptying your wallet at the Nike store. You'll find premium sportswear, from workout essentials to sporty fashion. Get your game on, style up, and save big.

Then, immerse yourself in the world of Michael Kors, where luxury meets affordability. Shop for the ultimate fashion-forward experience and discover the beauty of high-quality craftsmanship.

Finally, complete your San Diego vacation with a visit to Sunglass Hut! Whether you're strolling along the iconic Pacific Beach Boardwalk or reflecting off the bright casino lights, make sure you're rocking the hottest sunglasses in town.

The Viejas Outlets– where every shopping trip is a win!