indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+ indianz.com on soundcloud
phone: 202 630 8439
Indian Law Online Master Degree - University of Tulsa College of Law
Advertise on Indianz.Com
Home > News > Headlines
Print   Subscribe
IHS resolves another self-determination dispute
Wednesday, February 20, 2008
Filed Under: Health | Law

After years of battles in the courtroom, the Indian Health Service has finally settled a long-running self-determination dispute.

Last week, the agency paid $41.2 million to the Yukon-Kuskokwim Health Corporation for an underfunded contract. The money will be used to provide health care to more than 50 Alaska Native villages.

According to attorneys who handled the case, the payout is the largest ever for a self-determination contract. In recent years, IHS has paid over $20 million to the Cherokee Nation of Oklahoma and over $6 million to the Shoshone-Paiute Tribes of Nevada.

But $200 million -- and possibly more -- are at issue in a class action lawsuit against the federal government. Tribes and Alaska Natives say the IHS has failed to live up to its promises to pay them for health care services.

In March 2004, Indian Country thought the U.S. Supreme Court resolved the dispute. In a unanimous ruling, the justices said the government must fully fund self-determination contracts not just for the cost of the program but for additional support costs.

"The government does not deny that it promised to pay the relevant contract support costs. Nor does it deny that it failed to pay," Justice Stephen G. Breyer wrote in the 8-0 decision.

Despite the victory, IHS has said it isn't required to pay the contract support costs due to restricting language in appropriations law. But in another court case involving the Southern Ute Tribe of Colorado, a federal judge struck down the policy as unlawful.

"The mere failure of Congress to appropriate funds, without further words modifying or repealing, expressly or by clear implication, the substantive law, does not in and of itself defeat a government obligation created by statute," Judge William P. Johnson wrote last June.

The dispute stems from the Indian Self-Determination and Education Assistance Act of 1975. The landmark law authorizes tribes to assume programs -- ranging from health care to social services -- that were previously managed by federal agencies.

The self-determination policy has been a success, with hundreds of tribes entering into contracts and compacts to take control of their destinies. But IHS has never completely fulfilled its promise to pay for the costs of the programs along with the contract support costs.

Tribes have asked Congress to clear up the matter but several bills that would require IHS to pay the contract support costs have not made it very far. The issue also affects contracts from the Department of the Interior.

The $41 million paid to the Yukon-Kuskokwim Health Corporation includes interest. The original health care contract was underpaid by $26 million.

Civilian Board of Contract Appeals Documents:
Order | Joint Request for Judgment

Supreme Court Decision in Cherokee Nation v. Leavitt:
Syllabus | Opinion [Breyer] | Concurrence [Scalia]

Relevant Links:
Yukon-Kuskokwim Health Corporation - http://www.ykhc.org
Indian Health Service - http://www.ihs.gov
Contract Support Cost Litigation - http://www.cscclass.net
Contract Support Costs, NCAI - http://www.ncai.org/Contract_Support.36.0.html

Related Stories:
Colorado tribe wins contract support cost dispute (6/22)
Nevada tribe finally paid for health services contract (4/26)
Tribes continue fight for self-determination contracts (12/16)
BIA ordered to pay for self-determination contract (09/26)
Contracts still an issue despite Supreme Court win (8/14)
Tribal contracts pose conflict for U.S. Supreme Court (11/10)
Court to hear self-determination contract case (11/9)
Supreme Court takes action on Indian law cases (11/02)
Campbell says agencies afraid of helping tribes (04/30)
Tribes ask Congress to address contract shortfalls (04/28)
Supreme Court to resolve self-determination dispute (03/23)
Supreme Court weighs self-determination dispute (03/09)
Court rules tribe owed self-determination funds (07/07)
Appeals court turns down Navajo Nation again (04/09)
Court rebuffs tribes on contract funding dispute (11/27)
Navajo Nation challenges contract policy (10/04)

Copyright © Indianz.Com
More headlines...
Stay Connected:
On Facebook

On Twitter

On Google+

On SoundCloud
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Lakota Country Times: Missing Oglala Sioux woman found dead (2/11)
Doug George-Kanentiio: Town repays Oneida Nation with racism (2/11)
Brandon Ecoffey: Treaties guaranteed health care for our people (2/11)
Steven Newcomb: Federal Indian law based on invented realities (2/11)
Armed occupation of wildlife refuge in Oregon ends with arrests (2/11)
Native activists ask Obama to help with liquor sales in Whiteclay (2/11)
South Dakota lawmakers kill bill to support return of land to tribes (2/11)
Miami Nation agrees to forfeit $48M from online lending business (2/11)
Fort McDowell Yavapai Nation creates $1.2M endowment at ASU (2/11)
Colville Tribes issue citation for death of rare owl on reservation (2/11)
Fort Independence Indian Community cheated by former partner (2/11)
Paskenta Band donates $125K to buy new vehicle for firefighters (2/11)
Man pleads guilty for dealing meth on Mescalero Apache Nation (2/11)
Morongo Band and San Manuel Band question fantasy sports bill (2/11)
Former Sac and Fox Nation casino employee charged with theft (2/11)
Jena Band of Choctaw Indians celebrates 3rd birthday of casino (2/11)
Schaghticoke Tribal Nation again told it can't accept casino bids (2/11)
Editorial: Measure stops Lytton Band from pursuing new casinos (2/11)
Obama seeks another increase for Indian Health Service budget (2/10)
Six of 12 Indian Health Service area directors in 'acting' capacity (2/10)
Lakota Country Times: Indian lawmakers oppose drug testing bill (2/10)
Vince Two Eagles: The rez of the story about treaty-making in US (2/10)
Kristi Noem: Indian Health Service remains in state of emergency (2/10)
Chase Iron Eyes: Real sovereigns don't disenroll their own people (2/10)
Gyasi Ross: African and Native Americans fought for their survival (2/10)
Albert Bender: Tribes should reclaim land from unratified treaties (2/10)
John Lavelle: Supreme Court weighs key tribal sovereignty issue (2/10)
Women take top three leadership positions at Menominee Nation (2/10)
Northern Arapaho Tribe seeking to repatriate remains of students (2/10)
White Mountain Apache Tribe considers change to blood quantum (2/10)
Blackfeet Nation citizens still talking about constitutional reforms (2/10)
Sweat lodge at Army post helps with PTSD treatment for veterans (2/10)
Confederated Salish and Kootenai Tribes welcome return of land (2/10)
Donald Trump and Bernie Sanders win big in New Hampshire vote (2/10)
Prairie Island Indian Community unveils $19M gaming expansion (2/10)
Keweenaw Bay Indian Community approves upgrades at casinos (2/10)
Seminole Tribe's gaming compact takes a step forward in Florida (2/10)
Schaghticoke Tribal Nation insists on pursuing Connecticut casino (2/10)
National campaign launched to stop tribal disenrollment epidemic (2/9)
President Obama seeks $2.9B budget for Bureau of Indian Affairs (2/9)
Office of Special Trustee budget request remains steady at $140M (2/9)
Bureau of Reclamation emphasizes tribal water rights settlements (2/9)
Lakota Country Times: Indian health at center of Medicaid debate (2/9)
Mark Trahant: Native candidates fall behind in the big money wars (2/9)
Vi Waln: Arrogance keeps Keystone XL plans alive in South Dakota (2/9)
Charles Kader: Haudenosaunee territory will always be Indian land (2/9)
more headlines...

Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Federal Register | Forum | Health | Humor | Indian Gaming | Indian Trust | Jack Abramoff Scandal | Jobs & Notices | Law | National | News | Opinion | Politics | Sports | Technology | World

Indianz.Com Terms of Service | Indianz.Com Privacy Policy
About Indianz.Com | Advertise on Indianz.Com

Indianz.Com is a product of Noble Savage Media, LLC and Ho-Chunk, Inc.