ISDEAA contract support costs – Page 2

Decision in Navajo Health Foundation — Sage Memorial Hospital, Inc. v. Burwell

June 24, 2015Matthew L.M. Fletcher1 Comment

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.

Saginaw Chippewa Indian Tribe Complaint for Contract Support Costs from IHS

February 10, 2015Matthew L.M. Fletcher

Here is the complaint in Saginaw Chippewa Indian Tribe v. Burwell (E.D. Mich.):

1 Complaint

An excerpt:

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.

Payment of Contract Support Costs is Mandatory – Why Isn’t the Funding?

May 2, 2014May 2, 2014Matthew L.M. Fletcher

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.

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

Winslow Indian Health Care Center Inc. v. United States Complaint

February 12, 2014Matthew L.M. Fletcher

Here:

01 Complaint

An excerpt:

This is a suit against the United States for breach of contract and statute by the Indian Health Service (“IHS”), an agency in the Department of Health and Human Services (“HHS”). Plaintiff, the Winslow Indian Health Care Center (“WIHCC”), seeks money damages under the Contract Disputes Act, 41 U.S.C. § 7101 et seq. (“CDA”), based on the Secretary’s repeated violations of WIHCC’s contractual and statutory right to the payment of full funding of contract support costs (“CSC”) for contracts entered under the Indian Self-Determination and Education Assistance Act (“ISDEAA”), Pub. L. No. 93-638, as amended, 25 U.S.C. § 450 et seq.