In Support of and joining the Rosebud Sioux Tribes opposition of Indian Health Service utilizing carryover funds and third party collections to settle a Fair Labor Standards Act claim, funding their methamphetamine treatment facility and their demand for Indian Health Service to conduct in-person consultation with all the Tribes of the Great Plains area.
WHEREAS, the Great Plains Tribal Chairman’s Association (GPTCA) is composed of the 16 elected Chairs and Presidents or their duly appointed representatives of the sovereign Indian Tribes and Nations recognized by Treaties entered into with the United States that are within the Great Plains Region of the Bureau of Indian Affairs; and
WHEREAS, the Great Plains Tribal Chairman’s Association was formed to promote the common Interests of the Great Plains sovereign Indian Tribes and their members in the state of North Dakota, South Dakota and Nebraska; and
WHEREAS, the United States has obligated itself both through Treaties entered into with the sovereign Tribes and Nations of the Great Plains Region and through its own federal statutes, Laws, the Constitution, international law and well-articulated policies; the United States has pledged to protect Indian Tribes; guarantee the right of Tribal self-government, protection, and safety, and to promote the viability of Indian reservations and lands as permanent homelands for Indian Tribes, and
WHEREAS: The Great Plains Tribal Chairman's Association is aware that former Indian Health Service has directives in place which constrains consultation with Tribes because it restricts open communication between I.H.S. Regional staff and Tribes and therefore any and all such directives need to be lifted and be considered null and void; and
WHEREAS, on May 22nd 2015 IHS Director Mr. McSwain sent out a Tribal Leaders letter announcing a eighty million dollar settlement for overtime wage claims; and
WHEREAS, Mr. McSwain identifies nine million dollars in prior year funding that remain available and approximately fifty million dollars to fifty one million dollars will come from prior year third party health insurance collections; and
WHEREAS, IHS has continually stated they are underfunded to provide proper health care for Native American Indians and in fact the Rosebud Sioux Tribes Health Care facility has denied referral which resulted in hundreds of thousands of dollars in carryovers ; and
WHEREAS, the Great Plains Tribal Chairman’s Association (GPTCA) opposes any attempt by Indian Health Services to utilize funding from previous years and/or third party collections that could and can be used to provide better health care for Tribal members and that the expenditures proposed are in violation of 25 U.S. Code § 1621 - Indian Health Care Improvement Fund; and
WHEREAS, IHS has continually refused to operate in the spirit of cooperation on tribal consultation as defined under SUBCHAPTER III–A—ACCESS TO HEALTH SERVICES, § 1641(c) (1) Special fund which states in part:
(B) Use of funds which states in part: Any amounts so received that are in excess of the amount necessary to achieve or maintain such conditions and requirements shall, subject to consultation with the Indian tribes being served by the Service unit, be used for reducing the health resource deficiencies.
IHS does not consult with Tribes, instead letters are written to Tribal Leaders on important
issues such as the health care funding that adversely affects Tribal members stating what
they are going to do without Tribal input; and
WHEREAS, the Great Plains Tribal Chairman’s Association (GPTCA) demands that the carry over for denied referrals which resulted in hundreds of thousands of dollars in carryovers remain with Rosebuds IHS, that the funding for the methamphetamine treatment facility be fully reestablished and all third party billings remain for the health care of Tribal members; and
WHEREAS, the Great Plains Tribal Chairman’s Association (GPTCA) demands in-person consultation as done by other Federal Agencies under Presidential Executive Orders and the Indian Health Care Improvement Act (IHCIA): and
WHEREAS, the Rosebud Sioux Tribes will have to close the methamphetamine treatment facility because of the lack of IHS funding and the FLSA settlement can be used to fully fund this essential program; and
WHEREAS, IHS failed to maximize internal resources including utilizing Supervisory staff for work shortages which creates undo costs:
THEREFORE BE IT RESOLVED, the Great Plains Tribal Chairman’s Association (GPTCA) opposes the obligations of the funds identified by Mr. McSwain to pay for the continual mismanagement of Trust responsibilities and recommend the following to Congress;
1) Submit a payment plan that does not affect Indian Health Care; or
2) The Rosebud Sioux Tribes request Congress to make a supplemental appropriations; or
3) Congress authorize the Judgment Fund to be used to pay the claims as that fund is
being used to make up for deficient contract support costs payments due in prior
NOW, THEREFORE, BE IT RESOLVED, the Great Plains Tribal Chairman’s Association (GPTCA) and respectfully request the Congressional delegates covered by the Great Plains Tribes to work with River Bluff Strategies, Jodi Gillette and Lloyd Miller of Sonosky, Chambers, Sachse, Miller and Munson, LLP and/or their designee to resolve this issue.
Resolution No. _6-6-12-15
This resolution was enacted at a duly called meeting of the Great Plains Tribal Chairman’s Association held Fort Randall Casino on June 12th 2015 at which a quorum was present, with ___8_ members voting in favor, 0 members opposed, 0 members not abstaining, and __8 members not present.
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