The main entrance to the Sioux San Hospital, an Indian Health Service facility in Rapid City, South Dakota. Photo by Kevin Abourezk

Health | National

Native Sun News Today: Indian Health Service rejects tribal takeover of hospital

Thursday, February 14, 2019

IHS rejects plans for takeover of Sioux San without Rosebud

By Ernestine Chasing Hawk
Native Sun News Today Editor
nativesunnews.today

ABERDEEN – A proposal for assumption of services at Sioux San Hospital via a 638 contract by the Great Plains Tribal Chairmen’s Health Board without the Rosebud Sioux Tribe was rejected last week.

Indian Health Service sent letters announcing their “final” decision to the leaders of the Rosebud, Cheyenne River Sioux Tribe and Oglala Sioux Tribe as well as the CEO of the GPTCHB.

IHS’s letter dated January 29, 2019, states that the 638 contract submission “does not satisfy the requirements of the ISDEAA and the implementing requirements” and that “IHS fully declines the proposal.”

Among other reasons listed for rejecting the proposal was that: “the proposal includes activities that cannot lawfully be carried out by the contractor.”

According to IHS, on April 20, 2018, the GPTCHB submitted a “letter of intent” providing notice they would begin incurring costs ($500,000) necessary to plan, prepare for the assumption of operation of Sioux San Hospital and all phases of the construction of the replacement facility via a Indian Self-Determination and Education Assistance Act Title I contract or 638 contract.

Also in April three identical resolutions were presented to IHS from the Rosebud, Cheyenne River and Oglala Lakota Nations, who have statutory oversight of Sioux San Hospital, giving authority to the GPTCHB to negotiate for the 638 contracts.

Great Plains also sent another letter on April 20, 2018, in which they sought an “informal review” of their eligibility to participate in the Self-governance program.

Leaders of the Cheyenne River Sioux Tribe, the Oglala Sioux Tribe and the Rosebud Sioux Tribe held a historic meeting on the Rosebud Reservation in January 2019 to discuss the future of an Indian Health Service hospital in South Dakota. Photo by Ernestine Chasing Hawk / Native Sun News Today

IHS states that four days later on April 24, 2018. IHS Office of Tribal Self-Governance met with GPTCHB and notified them that they “did not meet the eligibility criterion for demonstrating, for a 3-year period, financial stability and financial management capacity,” as required by law.

On September 27, 2018, IHS received a proposal from GPTCHB for assumption of “operation of the Rapid City Service Unit including Sioux San Hospital and Headquarters tribal shares, pursuant to Title I of the [ISDEAA].”

Negotiations over the proposed assumption were held on October 23-24, November 27-28, and December 17-19.

However, on December 18, 2018, the Rosebud Sioux Tribal Council voted to “reconsider and rescind” their resolutions 2018-116 and 117 which originally authorized the GPTCHB to enter into ISDEAA agreements on their behalf.

GPTCHB was notified on December 21, 2018, that IHS declined the GPTCHB services proposal in full because it no longer satisfies Indian Self Determination regulations “based on the ground that the proposal could not be lawfully carried out” due to the rescinded Rosebud Sioux Tribe resolution.

On January 10, 2019, GPTCHB submitted a letter and amended resolutions from the Cheyenne River and Oglala Sioux Tribes stating they planned to move ahead without the Rosebud Sioux Tribe. However IHS states that a new proposal was not submitted.

“The GPTCHB also submitted a letter ignoring the full declination of its services proposal that had been sent December 21, 2018, (which clearly explained that a new proposal tailored to providing services only to OST and the CRST would be required if the GPTCHB wished to pursue a contract to serve only those two tribes) and purporting to provide an extension of the deadline for IHS to award or decline that proposal to February 8, 2019.”

Background

IHS explained that plans for a replacement facility began more than 26 years ago when the RCSU was selected for the Facilities Construction Priority System in 1992. Throughout the planning process for the replacement facility, IHS states that they met with Rapid City community members and representatives of the three authorizing tribes.

So in essence all of the planning completed over the past 26 years included services for members of all three tribes who have statutory oversight over Sioux San, the Rosebud Sioux Tribe, the Cheyenne River Sioux Tribe and the Oglala Sioux Tribe. In order for the GPTCHB to continue their plans to assume all activities at Sioux San they would have to start the planning process from the beginning which excludes service to members of the Rosebud Sioux Tribe.