Here are the materials in Swinomish Indian Tribal Community v. Azar (D.D.C.):
21-2 Swinomish MSJ
27 US Cross-Motion
29 Swinomish Reply
32 US Reply
36 DCT Order
The question in this case is whether, when a tribe collects its own third-party revenue pursuant to 25 U.S.C. § 1641(d)(1), its expenditures of those funds on health care services are eligible for CSC funding from the IHS under the ISDEAA, id. §§ 5325, 5388.
The Navajo Nation Department of Justice seeks outside counsel assistance in pursuing the Navajo Nation’s claims for unpaid contract support costs from P.L. 93-638 contracts entered into with the Indian Health Service (IHS). This would include developing claims for unpaid contract support costs, entering into settlement negotiations with IHS and, if necessary, making recommendations to the Attorney General for litigation of those claims if a negotiated settlement cannot be reached. Qualifications include experience in and knowledge of Federal Indian law, especially the Indian Self-Determination and Education Assistance Act (ISDEAA), P.L. 93-638, as amended, and experience filing claims for payment of contract support costs pursuant to the ISDEAA.
Proposals must be received by email by the Navajo Nation Department of Justice by no later than 5:00 PM MT on September 16, 2016. NO LATE PROPOSALS WILL BE ACCEPTED.
2016-08-29 – IHS CSC Counsel_Final RFP
Briefs and materials are here.
Here are the materials in Navajo Health Foundation – Sage Memorial Hospital, Inc. v. Burwell (D. N.M.):
27 Sage Motion for Summary J
48 IHS Response
53 Sage Reply
73 DCT Opinion
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.  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.
Here is the complaint in Saginaw Chippewa Indian Tribe v. Burwell (E.D. Mich.):
This is a suit against the United States for breach of contract and statute by the Indian Health Service (“IHS”), an agency of the Department of Health and Human Services (“HHS”) (collectively “Defendants”). The Saginaw Chippewa Indian Tribe of Michigan (“Tribe”) seeks money damages under the Indian Self Determination and Education Assistance Act, 25 U.S.C. §§ 450 – 458ddd-2 (“ISDEAA”) and the Contract Disputes Act, 41 U.S.C. §§ 7101 – 7109 (“CDA”) for the Defendants’ continued and repeated violation of the Tribe’s contractual and statutory right to the payment of full contract support costs (“CSC”) for fiscal year 2006.
Attorneys from Hobbs Strauss have prepared a proposal to enact permanent mandatory funding appropriations for contract support costs under the ISDEAA. The proposal is here:
White Paper and Proposal – Final
They also have an editorial in the ICT on this matter.