Mark Cruz Takes Over IHS as Funding and Censorship Questions Remain

The Senate confirmed Mark Cruz (Klamath Tribes) to serve as Director of the Indian Health Service on August 7 by a 51-47 vote. His confirmation ended more than 18 months without a Senate-confirmed IHS Director following the departure of former Director Roselyn Tso in January 2025.

At his June 24 confirmation hearing before the Senate Committee on Indian Affairs, Cruz stated that he intends to advocate “ferociously” for improved health outcomes in Indian Country. The Committee’s hearing page, including Cruz’s testimony, is available here.

Cruz takes over an agency facing enormous unmet needs. Congress appropriated just over $8 billion for IHS for FY2026. By contrast, the National Indian Health Board has estimated that IHS needs approximately $76 billion to fully fund the agency and meet current needs.

Cruz will also retain his position as Senior Advisor on Tribal Health to HHS Secretary RFK, Jr. while serving as IHS Director. Holding both positions simultaneously is unusual given the size and operational responsibilities of IHS, which provides health services to about 2.8 million American Indians and Alaska Natives.

Cruz’ dual role may be particularly important to watch in light of recent changes in IHS public health communications under Secretary Kennedy. ProPublica reported last fall that IHS officials had begun flagging terms including “vaccines” and “immunizations” as risky “buzzwords” requiring additional review by agency public information officers before their use in social media updates, pamphlets, and presentations. Current and former IHS clinicians told ProPublica that the restrictions interfered with their ability to communicate effectively with patients, and one IHS doctor said that the restrictions led to her decision to leave the agency.

The ProPublica report takes on added significance in light of internal CDC emails recently made public by Sen. Bernie Sanders. The emails released in late June of this year don’t concern IHS or Cruz directly, but they document centralized HHS oversight of the CDC’s vaccine communications, including HHS direction about vaccine-related material that had been removed from CDC websites and what content would be put back online. The emails don’t establish that HHS directed the IHS restrictions reported by ProPublica, but they provide important context for Cruz’s unusual dual role, since he was already serving as Secretary Kennedy’s Senior Advisor on Tribal Health before becoming IHS Director and will now serve simultaneously in the Secretary’s office and at the head of IHS. Whether Cruz uses his new position to protect IHS clinicians’ ability to communicate evidence-based public health information is worth watching.

Pechanga Prevails in Contract Dispute with IHS

Here are the new materials in Pechanga Band of Indians v. Kennedy (C.D. Cal.):

Jaune Quick to See Smith

Prior post here.

California Federal Court Finds Pechanga Likely to Win Dispute with IHS over Denial of Opioid Treatment Facility Contract but Did Not Find Irreparable Harm

Here are materials in Pechanga Band of Indians v. Kennedy (C.D. Cal.):

Prior post here.

New York Federal Court Holds IHS Must Accept PL638 Contract re: Water and Sanitation

Here are the materials in St. Regis Mohawk Tribe v. United States (N.D. N.Y.):

25-1 Tribe Motion for Summary J

29-1 Federal Cross Motion

30 Tribe Reply

32 Federal Reply

35 DCT Order

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.

Pechanga Sues IHS over Denial of Funds for Opioid Treatment Facility

Here is the complaint in Pechanga Band of Indians v. Kennedy (C.D. Cal.):

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Michigan Federal Court Rejects Saginaw Chippewa Claims in Suit against Insurance Company over Medicare-Like Rates

Here are new materials in Saginaw Chippewa Indian Tribe v. Blue Cross Blue Shield of Michigan (E.D. Mich.):

306 BCBS Brief

308 SCIT Brief

310 BCBS Reply

317 DCT Order

This is a lengthy case, so here is the case tag (link to all the posts).

D.C. Federal Court Rejects Salt River Health Care Funding Claims against Feds

Here are the materials in Salt River Pima-Maricopa Indian Community v. Kennedy (D. D.C.):

42 Amended Complaint

71 Salt River Motion for Summary J

74 Federal Motion for Summary J

78 Salt River Reply

80 Federal Reply

83 DCT Order

Virginia Federal Court Dismisses Nansemond Health Care Funding Suit against Virginia

Here are the materials in Nansemond Indian Nation v. Commonwealth of Virginia (E.D. Va.):

27 Motion to Dismiss

34 Opposition to 27

36 Reply ISO 27

39 DCT Order

Complaint here.

D.C. Circuit Decides Red Lake Band of Chippewa Indians v. HHS

Here is the opinion in Red Lake Band of Chippewa Indians v. Dept. of Health and Human Services.

Briefs:

Red Lake Brief

US Answer Brief

Reply

Lower court materials here.