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Northwest Portland Area Indian Health Board

Legislative and Policy Update

March 1, 2024

Important Dates

Mar 5, 2024

Tribal Leaders Diabetes Committee Quarterly Meeting

Reno, NV – Hybrid

Registration Information

 

Mar 6-7, 2024

TTAG Face-to-Face Meeting

Washington, DC

 

Mar 12-13, 2024

Facilities Appropriations Advisory Board

Sacramento, CA

 

Mar 26-27, 2024

CHAP Tribal Advisory Group Meeting

Rockville, MD – Hybrid

Registration Information

 

Mar 29, 2024

ISAC Monthly Meeting

 

Apr 2-3, 2024

HHS Annual Tribal Budget Consultation

Washington, DC

 

April 15-18, 2024

Tribal Self-Governance Conference

Registration Link

 

May 20 – 23, 2024

2024 National Tribal Health Conference

The Monument, Rapid City, SD

Register Here

2023 National Tribal Opioid Summit

Dear Tribal leaders, Colleagues, and Community –


As ongoing follow-up to the first National Tribal Opioid Summit (NTOS), hosted by the Tulalip Tribes of Washington State we want to remind you of the resource materials available via the National Tribal Opioid Summit Resource Hub. The NTOS Federal Policy Recommendations and Northwest Region Opioid Overdose Mortality Data Brief have been posted on the Resource Hub website, most recently.


Appropriations and Legislative Updates

Fiscal Year 24 Funding On Feb 28, the Senate and House announced an agreement to extend the FY2024 budget through another continuing resolution. Six bills, including funding for the departments of Agriculture, Energy, Housing and Urban Development, Transportation and Veterans Affairs, with a few other related agencies, will be funded through March 8. The remainder of federal government funding will be extended through March 22.


The Senate Committee on Indian Affairs (SCIA) held two oversight hearings on the fentanyl crisis impacting Native communities on November 8th. 

  • The SCIA Oversight Hearing held on Nov. 8th titled, “Fentanyl in Native Communities: Native Perspectives on Addressing the Growing Crisis” is available for viewing HERE.  
  • The SCIA Oversight Hearing held on Dec. 6th titled, “Fentanyl in Native Communities: Federal Perspectives on Addressing the Growing Crisis” is available for viewing HERE. 


House Passes FY 2024 Interior and Environment Appropriations Bill (H.R. 4821). H.R. 4821 includes an increase of $149 million for the Indian Health Service for a total of $7.08 billion in FY 2024 and $5.9 billion in advance appropriations for the IHS in FY 2025.  However, the bill does not include the President’s Budget Request to make Contract Support Costs and 105(l) lease mandatory appropriations.  


Supporting Rural Veterans Access to Healthcare Services Act (S. 3768). U.S. Senators Kevin Cramer (R-ND) and Angus King (I-ME), members of the Senate Veterans Affairs and Armed Services Committees, introduced the Supporting Rural Veterans Access to Healthcare Services Act. This legislation would provide travel assistance to veterans living in highly rural areas for VA-authorized health care appointments. Specifically, the bill would reauthorize the VA Highly Rural Transportation Grant (HRTG) Program for five years and add Tribal Organizations as entities eligible to apply for the program. The HRTG Program provides transportation services in areas with less than seven people per square mile and is available at no cost for veterans who live in eligible zones.

·     View the text of S. 3768 here.

 

Restoring Accountability in the Indian Health Service Act of 2023. Sens. Barrasso (R-WY), Thune (R-SD), Lummis (R-WY), Daines (R-MT), and Rounds (R-SD) have reintroduced the Restoring Accountability in the Indian Health Service Act (S. 3130) to amend the Indian Health Care Improvement Act to improve transparency, oversight, and accountability in the IHS and address recruitment and retention.

·     View the text of S. 3130 here.

 

IHS Workforce Parity Act of 2023. Sens. Cortez Masto (D-NV) and Mullin (R-OK) introduced S. 3022 titled IHS Workforce Parity Act of 2023 that would amend the Indian Health Care Improvement Act to allow IHS scholarship and loan recipients to fulfill service obligations through half-time clinical practice. 

·     View the text of S. 3022 here.


Bipartisan Primary Care and Health Workforce Act. The Bipartisan Primary Care and Health Workforce Act was introduced and includes $5.8 billion per year over the next three years in mandatory funding for community health centers and $2.2 billion for each fiscal year in discretionary funding, one-time $3 billion capital investment to support construction and renovation at health centers with priority to dental and behavioral health projects, increasing mandatory funding for National Health Service Corps to $950 million per year for FY 2024 through 2026, $300 million for each FY 2024 through 2028 for the Teaching Health Center Graduate Medical Education program.  

Tribal Consultation, Listening Sessions & Written Comment Updates

IHS $250 million on opioids. In a Dear Tribal Leader Letter dated January 12, 2024, the Indian Health Service (IHS) is reaching out to ask for guidance and recommendations regarding the potential utilization of $250 million from the Administration's recent supplemental request. The allocated funds are specifically designated for initiatives addressing fentanyl and opioid abuse, spanning prevention, treatment, recovery services, and harm reduction interventions. A Tribal Consultation session was held February 1. Written comments can be submitted by email to [email protected], with the specified SUBJECT LINE: Supplemental Request for Fentanyl and Opioid Abuse Funding, and must be received by March 4.



HHS Tribal and Tribal Epidemiology Data Access Policy. HHS released a DTLL and a draft Tribal and Tribal Epidemiology Center Data Access Policy on January 10, 2024. The National Indian Health Board (NIHB) is hosting a town hall meeting on February 1 at 11:30 AM Pacific to discuss the policy. HHS is hosting a Virtual Consultation on February 6 at 12:00 PM Pacific. Written comments can be submitted by email to [email protected] by March 5.



IHS HIT Modernization. On January 18, 2024, the Indian Health Service (IHS) issued a Dear Tribal Leader letter, announcing a series of four Tribal and Urban Consultation sessions set to take place throughout the HIT Modernization 2024 calendar. The first session, slated for February 8th, will provide an overview of the Enterprise Collaboration Group. During this session, the IHS requests feedback on system configuration and change management. Written comments are due 30 days following each session by email to [email protected] or [email protected] - SUBJECT LINE: Health IT Modernization.


Enterprise Collaboration group (virtual event)

Tribal NPAIHB Consultation Date: Feb 26th, 2024

Time: 9:00 AM - 10:30 PM PST

Comments due: Mar. 8, 2024



Deployment and Cohort Planning (virtual event)

Date: May 9th, 2024

Time: 10:30 AM - 12:00 PM PST

Registration


Multi-Tenant Domain Considerations (virtual event)

Date: August 8th, 2024

Time: 10:30 AM - 12:00 PM PST

Registration


Site Readiness and Training (hybrid event)

Date: November 7th, 2024

Time: 10:30 AM - 12:00 PM PST

Location: TBD

Registration


IHS NPRM Abortion Funding. A Dear Tribal Leader Letter dated January 17, 2024 from the IHS Director notified that a NPRM was published in the Federal Register, proposing the removal of outdated regulations on the use of Indian Health Service funds for certain abortions. IHS hosted a consultation on Tuesday, February 27, 2024 being and written comments are due by Friday, March 8, 2024.

Administrative and Regulatory Updates

SAMHSA 42 CFR Part 8 Changes. Part 8 of Title 42 of the Code of Federal Regulations (CFR) includes the regulations that guide opioid treatment programs (OTPs); these went into effect in 2001. The U.S. Department of Health and Human Services (HHS), through the Substance Abuse and Mental Health Services Administration (SAMHSA), revised these regulations and released the final rule in February 2024. The revisions take historic steps to increase access to lifesaving, evidence-based medications for opioid use disorder (MOUD) and to advance retention in care through promoting patient-centered and compassionate interventions. 

  • These rules will go into effect in October 2024, allowing time for OTPs to prepare and for states to review their regulations that impact how this rule is implemented. 


IHS Encounter Rate. Indian Health Service (IHS) Announces Calendar Year 2024 Reimbursement Rates and Launch of Associated Webpage: IHS Director Roselyn Tso issued a recent Dear Tribal Leader Letter in which she announced the publication of CY 2024 reimbursement rates in the Federal Register. The rates apply for inpatient and outpatient medical care provided at IHS facilities for Medicare (excluding inpatient Medicare Part A) and Medicaid beneficiaries, beneficiaries of other federal programs, and for recoveries under the Federal Medical Care Recovery Act. Director Tso also announced the launch of a new IHS website focused on all-inclusive rate reimbursement information, such as calculation and source documents. The new website is available here.


Outpatient per Visit Rate (Excluding Medicare) 

Calendar Year 2024 

Lower 48 States: $719 


Outpatient per Visit Rate (Medicare) 

Calendar Year 2024 

Lower 48 States: $667 


White House Tribal Nations Summit. On Dec. 6, 2023, President Biden signed a new Executive Order (EO) to reform how the federal government funds and supports Tribal Nations. The EO requires federal agencies to take action to ensure federal funding for Tribes is accessible, flexible, and equitable, creates a Tribal Access to Capital Clearinghouse for Tribes and Native businesses to find federal funding, requires the federal government to measure chronic funding shortfalls and develop recommendations for what additional funding and programming is necessary, and report annually on these recommendations. 


Veterans Affairs Reimbursement AgreementOn Dec. 6, 2023, the Indian Health Service (IHS) and the Department of Veterans Affairs (VA) signed a revised reimbursement agreement. VA will reimburse IHS for purchased/referred care and contracted travel for AI/AN Veterans, in addition to direct care provided for AI/AN Veterans. The DTLL is located here, and the updated agreement is located here

 

Indian Health Service Scholarships. The IHS Scholarship Program is accepting applications for scholarship support for the 2024-2025 academic year. The IHS Scholarship Comparison Chart shows a list of eligible degree programs.

  • Eligible students are encouraged to apply by February 28, 2024


White House Releases Playbook to Address Social Determinants of Health.  This Playbook lays out an initial set of structural actions federal agencies are undertaking to break down silos and to support equitable health outcomes by improving the social circumstances of individuals and communities.  To accompany this Playbook, the Department of Health and Human Services also released a Call to Action to Address Health-Related Social Needs and a Medicaid and CHIP Health-Related Social Needs Framework.  


Health and Human Services (HHS) Region 10 Tribal Quarterly Call. HHS Region 10 will host a quarterly call on Thursday, February 29, 2024, at 2:00 PM PST


Indian Health Service (IHS) Announces New Electronic Health Record System. IHS has selected General Dynamics Information Technology, Inc. to build, configure, and maintain a new IHS electronic health record system utilizing the Oracle Cerner technology.


CMS Provides Guidance to States on Coverage of Health-Related Social Needs (HRSNs). The CMS guidance provides opportunities available under Medicaid and Children’s Health Insurance Program (CHIP) to cover services and supports that address health-related social needs. 


CMS Releases Tribal Protections in Medicaid and CHIP Managed Care Oversight Toolkit. This new toolkit provides resources for states, managed care plans, and Indian Health Care Providers to maximize the benefits of Medicaid and CHIP managed care for American Indian and Alaska Native enrollees consistent with the statutory and regulatory Indian managed care protections.


CMS Updates on Mandatory Continuous Enrollment for Children in Medicaid and CHIP.  Effective January 1, 2024, states are required to provide 12 months of continuous enrollment for children under 19 in Medicaid and CHIP. States may terminate eligibility for children under 19 for the following limited circumstances for children who reach age 19, cease to be state residents, request a voluntary termination of eligibility, or who are deceased, or the agency determines that eligibility was erroneously granted. States are not limited to providing only a 12-month continuous enrollment period for children. Oregon became the first state to receive approval from CMS to maintain eligibility for children from birth to six. Washington has a similar request waiting for approval by CMS.


Medicaid Unwinding Updates. The Consolidated Appropriations Act 2023 set an end date for the Medicaid continuous enrollment condition to March 31, 2023, which included a fourteen (14) month period for states to comply with Medicaid eligibility determination requirements.  Since unwinding has commenced, there has been a dramatic loss in Medicaid coverage nationwide. The Tribal Self-Governance Advisory Committee is coordinating a Tribal-specific data survey to share with the Centers for Medicare and Medicaid Services to show the impact on Tribes and Tribal health programs.  The Survey is available HERE. 


National Institutes of Health (NIH) announces the establishment of the RADx Tribal Data Repository: Data for Indigenous Implementations, Interventions, and Innovations (D4I). After a competitive review, Stanford University, in partnership with the Native BioData Consortium, has been selected to lead this unique NIH-supported effort. The Native BioData Consortium is the first Indigenous-led 501(c)(3) nonprofit research organization and biodata repository within the geographic borders and legal jurisdiction of a Tribal Nation (Cheyenne River Sioux Tribe).


New Health Resources & Services Administration (HRSA) Director of Tribal Affairs, Juliana Blome, Ph.D.  She formerly served as Deputy Director of the Tribal Health Research Office at the National Institutes of Health (NIH), where she worked alongside Dr. David Wilson (Navajo Nation). There, she focused on strengthening collaborations between NIH and American Indian and Alaska Native communities, building partnerships based on trust and transparency, and increasing cultural awareness in research that improves health in Tribal communities.  


The Veterans Affairs (VA) Department Finalizes Rulemaking on the Pilot Program on Graduate Medical Education and Residency.  Effective Dec. 13, 2023, the VA adopts the proposed rule issued on Feb. 4, 2022, as final, with changes, to amend its regulations to include a new pilot program on graduate medical education and residency.  The final rule responds to written comments received, including several comments from Tribes and Tribal organizations.  


The U.S. Government Accountability Office (GAO) Releases Report on Indian Health Service Federal Facilities.  The Report, released in November 2023, found that many federally operated facilities are not in good condition and their medical equipment is aging.  The GAO made three recommendations to IHS: to assess the extent of medical equipment data problems across IHS areas implement a plan to correct any problems, and regularly monitor adherence to IHS medical equipment inventory management policy requirements.    


Not Invisible Act Commission Releases Final Report. The Report calls upon the federal government to declare a Decade of Action and Healing to address the crisis of missing, murdered, and trafficked American Indian and Alaska Native people.  A summary of Key Findings and Recommendations can be found on page 11 of the Report.  

Litigation Updates

The Supreme Court Will Hear Contract Support Cost Payments Dispute.

In the past two weeks, the Supreme Court agreed to hear the two federal government petitions consolidated into one case. The petitions request the Court to overturn the orders requiring the IHS to reimburse millions in administrative health care costs to Tribes for third-party income. 

  • SCOTUSblog articles on “Tribal self-governance at center of dispute over federal health care costs” and “Funding for Native healthcare programs”– article links,  one | two.

For more information:

Laura Platero, Executive Director 

Karol Dixon, Director of Government Affairs/Health Policy

Candice Jimenez, Chief of Staff

Northwest Portland Area Indian Health Board | Website