Gila River Indian Community v. Dept. of Veterans Affairs

Ninth Circuit Rejects Gila River Indian Community Reimbursement Claims against VA

Matthew L.M. Fletcher

Here is the opinion in Gila River Indian Community v. Dept. of Veterans Affairs.

Briefs here.

Ninth Circuit Briefs in Gila River Indian Community v. Dept. of Veterans Affairs

Matthew L.M. Fletcher

Here:

Doc 10 – Opening Brief

Doc 11 – Excerpts of Records

Answer Brief

Reply Brief

Gila River Suit for VA Reimbursements Dismissed

Matthew L.M. Fletcher

Here are the materials in Gila River Indian Community v. Dept. of Veterans Affairs (D. Ariz.):

15 Motion to Dismiss

16 Opposition

16-1 VA Opinion Letter

17 Reply

18 Order Granting MTD

Gila River Indian Community Sues the VA over Health Care Costs Reimbursements

Matthew L.M. Fletcher

Here is the complaint in Gila River Indian Community v. Dept. of Veterans Affairs (D. Ariz.):

Complaint

An excerpt:

In 2010, the Patient Protection and Affordable Care Act (“ACA”) was enacted. One goal of the ACA was to improve health care access and delivery for Native Americans. A provision in the ACA allows Indian tribes to be reimbursed for health care provided to veterans and states:
The Service, Indian tribe, or tribal organization shall be reimbursed by the Department of Veterans Affairs or the Department of Defense (as the case may be) where services are provided through the Service, an Indian tribe, or a tribal organization to beneficiaries eligible for services from either such Department, notwithstanding any other provision of law.
25 U.S.C. § 1645(c). This law provides that, if an Indian tribe or tribal organization provides health care services to an individual who is otherwise eligible for care from the VA, the VA must reimburse the Indian tribe or tribal organization for the services provided. Despite this plain and mandatory language directing the Department of Veterans Affairs (“VA”) to reimburse Indian tribes and tribal organizations for health care services provided to veterans, the VA refuses to do so unless Indian tribes and tribal organizations agree to conditions well beyond the plain language of the law and which reduce the reimbursements that Indian tribes are entitled to under the law.