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TCRHCC Urging the Centers for Medicare and Medicaid Services to uphold Tribal Sovereignty

TUBA CITY, Ariz. –On September 28, the Health, Education and Human Services Committee (HEHS) of the Navajo Nation Council unanimously passed Tuba City Regional Health Care Corporation’s Resolution 0400-11 urging the Centers for Medicare and Medicaid Services (CMS) to uphold tribal sovereignty and continue the federal government’s responsibility to reimburse Medicaid and Medicare services for Navajos and all Arizona Tribes.

CMS administers federal Medicaid, which the public health insurance program for low-income and disabled families and individuals.  In Arizona, Medicaid is called Arizona Health Care Cost Containment System (AHCCCS). By law, CMS must reimburse 100 percent for Medicaid services provided to a federally recognized Indian by Indian Health Service (IHS) and/or and tribally operated facilities with 638 Tribal Title V Self-Governance.

Arizona’s Medicaid (AHCCCS) program helps IHS and tribal healthcare facilities by reimbursing the costs of primary and specialty care and hospital care. Since these are some of the most expensive health services needed for Navajos and all Arizona tribes, the State of Arizona and State AHCCCS want to ensure this reimbursement structure remains a federal responsibility.

The State of Arizona and the Navajo Nation both completely agree that CMS and the federal government, by federal law, must continue to fulfill their federal responsibility.

In March 2011, Arizona requested approval of a five-year plan from CMS addressing all Medicare and AHCCCS services reimbursement requirements.  In this request Arizona also asked that American Indians continue to receive full federal funding for covered treatment at IHS and tribal 638 facilities.

Contrary to federal law and CMS’s own tribal policy, CMS has threatened to deny Arizona’s insistence that all tribal AHCCCS care remain the federal government’s responsibility.

“Time is of the essence and it is very important the Navajo Nation, the largest tribe in the country, take a firm position supporting the tribal exemption and federal government responsibility described within the Arizona Indian Health Plan,” said Honorable Joshua Lavar Butler, 22nd Navajo Nation Council, To’Nanees’Dizi (Tuba City) Chapter.

“This not only hurts the Navajo Nation, but all tribes within the state of Arizona. It is certainly a national issue that is already causing the loss of millions of dollars for IHS and tribal facilities in our state,” said Butler. “We need to continue to fight for healthcare of our Native people and to protect reimbursement for our eligible beneficiaries.”

“I thank Arizona Governor Jan K. Brewer and our state legislature for supporting this waiver and tribal exemption. I also thank the Tuba City Regional Health Care Corporation for helping to raise awareness of this issue.”

Joe Engelken, CEO commented,“Tuba City Hospital Board of Directors and staff have been working feverishly to educate our leaders on how important this issue is to our ability to continue meeting the health needs of those we serve.”

TCRHCC serves over 8,000 square miles of the Navajo reservation, and adjacent Hopi reservation, as a regional referral medical center for the 75,000 residents throughout its primary service area.

The resolution was sponsored by Joshua Lavar Butler (To’Naneees’Dizi).

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