A simplified example clarifies this scheme. Assume that a tribe administers a $3 million healthcare program for its members. It costs the tribe $500,000 in administrative costs to do so. IHS therefore will pay the tribe $3.5 million. Additionally, the tribe recovers $1 million for those procedures from outside insurers. It is statutorily required to spend that $1 million on health care as well. But there is a hole in this statutory scheme. Who pays the CSC for that additional $1 million in health care that the tribe must provide with its third-party revenue? At the heart of this lawsuit is Plaintiff-Appellant San Carlos Apache Tribe’s (“the Tribe”) contention that IHS must cover those additional CSC.
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.
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