Here are the materials in Maniilaq Assn. v. Burwell (D.D.C.):
Indian Health Service
Office of General Counsel Vacancies
Download job summary and instructions here.
The Office of the General Counsel for the U.S. Department of Health & Human Services (OGC) is seeking applications for several general attorney positions in its San Francisco Regional Office. The San Francisco Office of OGC provides legal services to four administrative areas of the Indian Health Service (IHS), which delivers health care to American Indians/Alaska Natives. Persons selected for some or all of these positions will have responsibility for providing legal advice and support to the IHS. More information about the positions and the nature of our work is in the attached vacancy announcement.
FOIA Suit Against IHS Over Groundwater Contamination on Yakama Reservation
Download complaint and exhibits in the matter of Friends of Toppenish Creek v. IHS (W.D. Wash.) here.
Director Vacancy at Stockbridge-Munsee Health Center
Job announcement and description here.
NCAI Amicus Brief in Menominee Indian Tribe v. United States
Complaint and TRO in Oglala Sioux Tribe v. Burwell
Here.
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.
SCOTUS Grants Cert in Menominee Tribe v. United States
Here is the order list. From the order list:
The petition for a writ of certiorari is granted limited to the following question: Whether the D. C. Circuit misapplied this Court’s Holland decision when it ruled that the Tribe was not entitled to equitable tolling of the statute of limitations for filing of Indian Self-Determination Act claims under the Contract Disputes Act?
Decision in Navajo Health Foundation — Sage Memorial Hospital, Inc. v. Burwell
Here are the materials in Navajo Health Foundation – Sage Memorial Hospital, Inc. v. Burwell (D. N.M.):
From the opinion:
Finally, the Court will grant the MSJ on two grounds. First, the Court will deem the Claim denied, because Dayish has not given Sage Hospital a “date certain” by which he will decide the Claim; rather, he conditioned his October 21, 2015, deadline upon Sage Hospital’s cooperation. Second, even if Dayish had given Sage Hospital a date certain by which he will decide the Claim, his proposed fourteen-month period for deciding the Claim is unreasonably long under the CDA. [4] Accordingly, even if the Court did not deem the Claim already denied, it would order Dayish to approve or deny the Claim by July 25, 2015.
United States Recommends Certiorari Grant in Menominee Tribe v. United States
Here is the government’s brief:
An excerpt:
The court of appeals correctly held that neither the Tribe’s erroneous prediction of the outcome of litigation, nor its expectation that the government would deny its administrative claims, warrants equitable tolling of the CDA’s six-year limitations period. That decision, however, squarely conflicts with the Federal Circuit’s decision in Arctic Slope Native Ass’n v. Sebelius, 699 F .3d 1289 (2012), which found tolling appropriate on materially similar facts. In the government’s view, certiorari is warranted.
Cert petition is here.
Lower court materials here.
Federal Court Issues Injunction Ordering IHS to Fund Navajo Health Foundation—Sage Memorial Hospital
Ah, it’s a little old, but here are the materials in Navajo Health Foundation – Sage Memorial Hospital, Inc. v. Burwell (D. N.M.):
An excerpt:
The Court held a hearing on February 12, 2015. The primary issues are: (i) whether the Court will order a permanent injunction; and (ii) whether the Court will order a preliminary injunction. The Court will not order a permanent injunction. The Court will, however, order a preliminary injunction to require Defendants Sylvia Matthews Burwell, Yvette Roubideaux, John Hubbard, Jr., and Frank Dayish (collectively, “the Defendants”), to fund the Navajo Health Foundation—Sage Memorial Hospital, Inc., according to the terms of: (i) the Annual Funding Agreement Between Navajo Health Foundation /Sage Memorial Hospital and the Secretary of the Department of Health and Human Services Fiscal Year 2013, filed January 13, 2015 (Doc. 21–2)(“2013 AFA”); and (ii) the Indian Self–Determination Contract Between Navajo Health Foundation/Sage Memorial Hospital and the Secretary of the Department of Health and Human Services, filed January 13, 2015 (Doc. 21–1)(“2010 Contract”), until this case is resolved on the merits. The Court will also order both parties to comply with the terms and conditions of the 2013 AFA and the 2010 Contract until this case is resolved on the merits. Among other things, this means that the Defendants must reinstate Sage Hospital’s coverage under the Federal Tort Claims Act, 28 U.S.C. § 1346(b)(“FTCA”), as Section 4 of the 2013 AFA provides. The Court will not require Sage Hospital to post a bond.
Prior materials here.
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