New Student Scholarship on Tribal Health Compacts and Medicaid

Trudel Pare has published “Ensuring Sovereignty in Healthcare: A Comparison of Tribal Healthcare Compacts and Medicaid” in the Yale Law Journal.

Here is the abstract:

This Note examines federal-state and federal-tribe relationships through a comparison of Medicaid and the Indian Health Service (IHS). Analysis of tribal contracting and compacting documents and Medicaid state plans reflects the history of each program: Medicaid is a product of trusting federal-state collaboration, while the IHS reflects a history of distrust between tribes and executive-branch agencies in particular. This finding suggests that IHS compacting and contracting practices have significant lessons for Medicaid as the latter program negotiates with a hostile federal government.