DC Circuit Denies Petition to Rehear a Decision that IHS wasn’t Required to Cover CSC Costs for Services Paid for by Insurers

Source: Law360

The D.C. Circuit has refused the Swinomish Indian Tribal Community’s bid to have the full court rehear a panel’s decision that the Indian Health Service wasn’t required to cover contract support costs for services paid for by insurers under the tribe’s health care contract.

The tribe, located in Washington state, had asked the court to rehear en banc a circuit panel’s April decision denying the costs, saying that the tribe should receive reimbursement for all its administrative and overhead outlay, regardless of whether those costs are connected with services funded by IHS or with third-party income that helps fund the tribe’s health programs.

The panel ruled that the Indian Self-Determination and Education Assistance Act, which authorizes tribes to operate health care and other programs under contract with federal agencies, did not require the IHS to pay for the Swinomish health program’s contract support costs, or CSC, tied to payments from sources outside the agency.

The law limits CSC to costs specific to the contract between a federal agency and a tribe, such as the Swinomish tribe’s contract with the IHS to provide health services, and that does not extend to the costs associated with insurance income, the panel said.


Thursday, August 4

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Wednesday, August 3

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Tuesday, August 2

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7:30 am
Registration (Location: Sequoia)

9:00 am
Posting of Colors (Location: Grand Peninsula Ballroom)

9:05 am
Welcome & Opening Prayer

9:10 am
Time of Reflection

9:25 am
Welcome & Opening Message from SGCETC Board of Directors 

9:30 am
Welcome from Tribal Nations within California and Discussion of Hot  Topics

10:15 am
Discussion with Assistant Secretary – Indian Affairs Bryan Newland

10:30 am

10:45 am
Establishing the Bay Area American Indian Cultural District

11:00 am
COVID Update and Indian Health Service Initiatives to Improve Health and Wellbeing

11:30 am
International Decade (2022 – 2032) of Indigenous Language Preservation

11:45 am
Lunch Break

1:00 pm – 2:00 pm
Breakout Sessions

 2:00 pm – 2:15 pm
Networking Break

2:15 pm – 3:30 pm
Breakout Sessions

3:30 pm- 3:45 pm

3:45 pm
Threats to Tribal Sovereignty: Protecting the Indian Child Welfare Act

(Location: Grand Peninsula Ballroom)

4:05 pm
Self-Governance Updates from DOI, IHS, and DOT

4:45 pm
Tiwahe Initiative – Federal Updates


Additional Meetings and Activities

11:30 am – 5:00 pm
DOI SGDB Training Room (Sand Pebble D)

11:30 am – 5:00 pm
Individual Meetings with OSG Staff- Open (Board Rooms 3 & 4)

6:00 pm – 7:00 pm
Tribal Caucus for the Food Distribution Program for Indian Reservations Consultation Meeting (Cypress A)