Indian Health Service – Page 9

Maniilaq Association Wins ISDEAA Dispute with HHS

August 25, 2014Matthew L.M. Fletcher

Here are the materials in Maniilaq Association v. Burwell (D. D.C.):

17 Maniilaq Motion for Summary J

21 HHS Motion for Summary J

27 Maniilaq Reply

29 HHS Reply

30 DCT Order

An excerpt:

Plaintiff Maniilaq Association (“Maniilaq” or “plaintiff”) administers healthcare systems through a self-determination compact and annual funding agreements under the Indian Self-Determination and Education Assistance Act (“ISDEAA”), 25 U.S.C. § 458aaa, et seq. Plaintiff is seeking a declaration that a lease with the Indian Health Service (“IHS” or “defendant”) for one of the clinics Maniilaq operates under its self-determination contract is incorporated into Maniilaq’s 2013 funding agreement as a matter of law. Pending before the Court are the parties’ cross motions for summary judgment.1 For the reasons stated below, the Court GRANTS Plaintiff’s Motion for Summary Judgment and DENIES Defendant’s Cross Motion for Summary Judgment. An appropriate Order accompanies this opinion.

Federal Court Denies Government’s Motion to Dismiss Tuba City Regional’s Contract Support Costs Claims against IHS

April 28, 2014Matthew L.M. Fletcher

Here are the materials in Tuba City Regional Health Care Corp. v. United States (D.D.C.):

18-1 US Motion to Dismiss

19 Tuba City Opposition

20 US Reply

32 DCT Order Denying US Motion to Dismiss

WaPo: BIA/IHS Fail to Pay Contract Support Costs

December 23, 2013December 23, 2013Matthew L.M. Fletcher

Here.

An excerpt:

At issue are contract support costs that are spelled out in the agreements, under which the government pays tribes to run education, public safety and health programs on reservations. The support costs — which include items like travel expenses, legal and accounting fees, insurance costs and worker’s compensation fees — typically account for 20 percent of the value of the contract, according to Lloyd Miller, a lawyer who represented the tribes at the Supreme Court.

Application for Exemption for American Indians and Alaska Natives and Other Individuals who are Eligible to Receive Services from an Indian Health Care Provider

December 23, 2013December 20, 2013Matthew L.M. Fletcher

Here.

Federal Court Dismisses Slip-and-Fall Action against Indian Health Service in Eagle Butte

December 10, 2013Matthew L.M. Fletcher

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

16 US Motion for Summary J

20 Gunville Response

26 US Reply

27 DCT Order Granting Summary J to Government

More Complaints against Indian Health Service over Contract Support Costs

November 20, 2013Matthew L.M. Fletcher

Here:

Seldovia Village Tribe v. US

Suquamish Indian Tribe v. US

Southcentral Foundation Effort to Force IHS to Fund Suicide Prevention and Other Programs Fails

October 30, 2013Matthew L.M. Fletcher1 Comment

Here are the materials in Southcentral Foundation v. Roubideaux (D. Alaska):

5 Motion for PI

17 IHS Opposition

27 Reply

37 DCT Order Denying Motion

An excerpt:

Before the Court at Docket 3 is a motion filed by Plaintiff Southcentral Foundation (SCF). Although entitled a motion for a preliminary injunction, SCF is seeking mandamus relief in the form of an order that requires the immediate payment to it from a federal official of additional funding for Fiscal Year (FY) 2012 for the Methamphetamine and Suicide Prevention Initiative (MSPI) and the Domestic Violence Prevention Initiative (DVPI). The Defendant is Yvette Roubideaux, the Director of the Indian Health Service (“IHS” or “Defendant”). After this litigation was filed, IHS agreed to pay SCF approximately $1.08 million of the disputed funds. Still disputed is approximately $449,000 in funding. On September 27, 2013, the Court heard oral argument on the motion. Having considered the documents filed with the Court, the law, and the arguments of counsel, the Court will deny the motion for the reasons set forth herein.