Keweenaw Bay Indian Community v. Sebelius — Contract Support Costs Complaint against Indian Health Service

Here is the amended complaint:

KBIC v Sebelius Amended Complaint

 

IHS Changes Venue in Wrongful Death Suit from Western Division to Northern Division of District of South Dakota

Here are the materials in Archambault v. United States (D. S.D.):

Archambault Redacted Complaint

DCT Order Granting US Motion to Change Venue

News Coverage of Indian Health Service Continued Recalcitrance to Pay Contract Support Costs to Alaska Natives

Here.

One quick note: the Begich letter is addressed to all CSC claims, not just Alaska tribal claims.

Federal Circuit Reinstates ISDEAA Suit against IHS — UPDATED with Briefs

Here is the opinion.

Here is an excerpt:

Arctic Slope Native Association, Ltd., (“ASNA”) ap- peals a decision of the Civilian Board of Contract Appeals (“Board”) dismissing ASNA’s breach-of-contract claim under the Contract Disputes Act (“CDA”) as time-barred. Because the CDA’s six-year statute of limitations should have been equitably tolled, we reverse and remand.

Here are the briefs:

ASNA Opening Brief

Sebelius Brief

ASNA Reply

Seneca Nation Sues Feds over IHS Self-Determination Funding

Here is the complaint in Seneca Nation of Indians v. HHS (D. D.C.):

Seneca v HHS Complaint

NYTs: IHS Rescinds Punishment of Psychologist over Reporting of Spirit Lake Child Abuse Concerns

Here.

Colville Suit against IHS over Declination of Emergency Medical Services Self-Governance Compact Increase

Here is the complaint in Confederated Colville Tribes v. Sebelius (D. Or.):

Colville Complaint

Menominee CSC Claims against IHS Fail on Remand from the D.C. Circuit

Here are the materials in Menominee Tribe v. United States (D. D.C.):

DCT Order Dismissing Menominee Claims

IHS Motion to Dismiss

Menominee Motion for Summary J

The D.C. Circuit materials are here. I guess we can expect a return trip.

Chappabitty v. IHS Complaint and Press Release

Here:

FTCA Complaint

Order.Motion for Relief

Press Release 12.8.11

An excerpt from the press release:

On December 7, 2011, Edwin Chappabitty, Jr., MD, Lawton, Oklahoma, filed a Federal Tort Claims Act lawsuit for monetary damages in the United States Court for the Western District of Oklahoma alleging that officials of the United States Department of Health and Human, Indian Health Service, negligently failed to follow federal laws and regulations governing the conduct of investigations into alleged professional misconduct by physicians employed by the Indian Health Service. Dr. Chappabitty never expected to be accused of leveling racist statements to his patients on May 1, 2008 just four months from the end of his thirty year career in the federal service.

Chappabitty, Comanche/Ft. Sill Apache, retired from the IHS in August 2008 as a naval captain, having come to the service as an officer in the U.S. Public Health Service Commissioned Corps, a uniformed, non-military government agency under the purview of the U.S. Department of Health and Human Services.

SCIA Press Release on GAO Report on IHS Billing

SENATORS URGE IMPROVEMENTS TO INDIAN HEALTH SERVICE

WASHINGTON – A bipartisan group of senators is urging Health and Human Services Secretary Kathleen Sebelius and other top administration officials to act quickly to improve health care delivery to American Indians and Alaska Natives.

In a letter to Secretary Sebelius and Indian Health Service Director Dr. Yvette Roubideaux, the senators pointed to a U.S. Government Accountability Office report issued Friday, September 23, that highlights billing and other problems in the IHS system that make it difficult for American Indians and Alaska natives to receive care from health providers and makes it difficult for health care providers offering the services to get reimbursed.

The GAO report, called “Indian Health Service: Increased Oversight Needed to Ensure Accuracy of Data Used for Estimating Contract Health Service Need,” states that due to inadequate and inconsistent data collection by IHS, it has been very difficult for health care providers who contract with IHS to quickly determine a patient’s eligibility for services.  Poor data collection also makes it difficult for IHS to know what contractual services are needed by American Indians and Native Alaskans and whether it has adequate funds to pay for such services.

Continue reading