The National Indian Health Board says a legislative fix may be needed to address the definition of "Indian" in the Affordable Care Act.

A key section of the law defines "Indian" as a member of a federally recognized tribe or a shareholder in an Alaska Native corporation. That's a much narrower definition than is found in the Indian Health Care Improvement Act and other federal laws.

The Department of Health and Human Services has issued a new regulation to ensure that Indian and Native descendants aren't penalized for failing to carry health insurance. But NIHB says Congress may need to take action.

"We are really pleased that HHS decided to move forward with this exemption," Caitrin McCarron, the manager of congressional relations for NIHB. "However, we still believe that this was a stop-gap measure. Because it's not a legislative fix and it's the secretary's exemption waiver, a future secretary could reverse the policy."

The new regulation will be published in the Federal Register on July 1.

Get the Story:
Broader health law exemption for Native Americans (AP 6/27)

Forthcoming Federal Register Notice:
Patient Protection and Affordable Care Act; Exchange Functions: Eligibility for Exemptions; Miscellaneous Minimum Essential Coverage Provisions (To Be Published on July 1, 2013)

Related Stories:
HHS regulation aims to address 'Indian' status in health law (6/26)
Editorial: Don't penalize urban Indians under new health law (6/24)
No definitive answer on 'Indian' under health care reform law (06/04)
Montana tribe anticipates problems with Affordable Care Act (05/15)
Health care reform law includes limited definition of 'Indian' (5/13)