Eighth Circuit Affirms Federal Duty to Provide “competent physician-led healthcare” to Rosebud Sioux Tribe Members

Here is the opinion in Rosebud Sioux Tribe v. United States.


US Opening Brief

Tribe Answer Brief


Lower court materials here.

Federal Court Holds 1868 Treaty of Fort Laramie Imposes Duty on Federal Government to Provide Adequate Health Care at Rosebud

Here are the materials in Rosebud Sioux Tribe v. United States (D.S.D.):

An excerpt:

As to the tribes that entered into the 1868 Treaty of Fort Laramie for the reasons discussed above, the Government’s duty—expressed at the time as furnishing “to the Indians the physician… and that such appropriations shall be made from time to time, on the estimate of the Secretary of the Interior, as will be sufficient to employ such persons”—can be interpreted under the canons of construction applicable to Indian treaties as requiring the Government to provide competent physician-led health care to the Tribe.

Prior post here.

Complaint and TRO in Oglala Sioux Tribe v. Burwell


Opening sentences:

The Tribe brings this action against the Department of Health and Human Services (“HHS”) and its agency, the Indian Health Service (“IHS”) seeking redress for their decision to use $1.6 million in funds appropriated for the Pine Ridge Service Unit, which provides health services to tribal members and other Indian beneficiaries, to fund a settlement of overtime pay that the IHS reached with unions. The IHS intends to use these funds to pay for the settlement even though the funds are required by law to be used to make improvements in the programs of the IHS operated by or through the Pine Ridge Service Unit which may be necessary to achieve or maintain compliance with the applicable conditions and requirements of Medicare and Medicaid.

Motion for TRO.


Qui Tam Action against Duck Valley Shoshone Paiute Tribes Dismissed

Here is the order in United States ex rel. Howard v. Shoshone Paiute Tribes (D. Nev.):

2012-12-27 Order Dismissing Case

Briefs are here.

ICT Article on Paul Ryan’s American Indian Outlook


Materials (so far) in Qui Tam Action against Duck Valley Shoshone Paiute Tribes

Here are the pending materials in United States ex rel. Howard v. Shoshone Paiute Tribes (D. Nev.):

Magistrate Order Denying Plaintiff Discovery Plan

Tribal Motion to Dismiss

Howard Opposition

Tribal Reply

California Appellate Court Dismisses Claims by Urban Indians against American Indian Health Consortium

Here are the materials in Jaimes v. American Indian Health & Services (Cal. App.):

Jaimes Opinion

AIHS Opening Brief

Jaimes Opening Brief

AIHS Reply Brief

Supreme Court Grants Cert in All Pending Health Care Act Cases

Here is the order. Indian country could be affected if the Supreme Court strikes down enough of the Patient Protection and Affordable Care Act to reach a conclusion that none of it could be severed and survive. While that seems unlikely, it is possible. Such a result threatens the implementation of the Indian Health Care Improvement Act.

Here is the tribal amicus brief in the Eleventh Circuit.

Briefing in Cal. Appellate Case Involving State Recognition of Nonrecognized Tribes & the Indian Health Care Improvement Act

Here are the materials so far in Jaimes v. American Indian Health & Services:

AIHS Opening Brief

Jaimes Response Brief