Northwest Portland Area Indian Health Board

Legislative and Policy Update

Thursday, September 14, 2022

Important Dates

Sep. 13-14, 2022

TLDC Meeting — San Diego, CA (hybrid)

Sep. 13-15, 2022

HRSA Advisory Committee on Infant and Maternal Mortality Meeting — (hybrid)

Registration Link

Sep. 14, 2022 (9:00 AM Pacific)

NPAIHB Delegates Project Presentation Series on Policy

Zoom Link

Sep. 14-16, 2022

HRSA Region 10 Health Equity Conference — Tacoma, WA (hybrid)

Registration Link

Sep. 14, 2022 (11:30 AM Pacific)

TTAG Conference Call

Sep. 14-15, 2022

FAAB Meeting—Alaska (hybrid)

Sep. 15, 2022 (12:00 PM Pacific)

DSTAC Monthly Call

Sep. 19, 2022 (12:00 PM Pacific)

MMPC Monthly Meeting

Sep. 18-22, 2022

ATNI Annual Convention — Tulalip Tribes

Registration Link

Sep. 20-21, 2022

IHS PRC Workgroup Meeting — Albuquerque, NM (hybrid)

Sep. 20-21, 2022 (10:00 AM Pacific)

IHS NTAC on Behavioral Health Q3 Meeting

Zoom Link

Sep. 22, 2022 (11:00 AM Pacific)

CDC/ATSDR Tribal Advisory Committee Meeting

Zoom Link

Sep. 26-28, 2022

NIHB National Tribal Health Conference — Washington D.C.

Registration Link

Sep. 28, 2022 (11:00 AM Pacific)

NIH Tribal Advisory Committee Monthly Meeting

Zoom Link

Sep. 30, 2022 (12:00 PM Pacific)

ISAC Monthly Meeting

Sep. 30, 2022 (12:00 PM Pacific)

NPAIHB Dancing in the Square: American Indian Day Celebration — Portland, OR

Federal Health Agency and Congress Tracker (FHACT) An ongoing list of Dear Tribal Leader Letters, Federal agency actions, and legislation introduced in the 117th Congress related to health.

An ongoing tracker of COVID-19 direct and set-aside funding for Tribes. Updated as of Aug. 2, 2021.

Tribal Consultation Updates

HHS Region 10 Tribal Consultation Dear Tribal Leader Letter. HHS Region 10 hosted tribal consultation last month in Portland, OR. The written testimony deadline is extended to Sep. 16, 2022, to consultation@hhs.gov.

HHS Tribal Consultation on Nondiscrimination in Health Programs and Activities. The Office of Civil Rights hosted a tribal consultation on a notice of proposed rulemaking on implementing Section 1557 of the Affordable Care Act related to Nondiscrimination in Health Programs and Activities.  

• Written comments are due Oct. 3, 2022 

OMB Tribal Consultation on FY 2024 President’s Budget. OMB held a virtual consultation this week to seek tribal input on the development of the President’s FY 2024 Budget. Numerous Portland Area Tribal leaders voiced their concerns, recommendations, and requests on the call, including support for advance appropriations, fully funding Purchased/Referred Care, reimbursement of health IT modernization efforts of the Portland Area Tribes, and direct funding for tribal public health infrastructure. Written comments are due Oct. 14, 2022, to tribalconsultation@omb.eop.gov.    

DOJ and DOI Listening Sessions on Castro-Huerta. The Department of Justice and Department of Interior are hosting joint listening sessions on Sep. 26 & 27, 2022 at 12 PM Pacific to discuss the impact of the recent Supreme Court decision in Oklahoma v. Castro-Huerta.  

• Sep. 26 Listening Session Registration Link
• Sep. 27 Listening Session Registration Link

IHS and Veterans Health Administration (VHA) Initiate Tribal Consultation on the first-ever Draft Annual Operational Plan for fiscal year (FY) 2022 for the VHA-IHS Memorandum of Understanding (MOU). Tribal input will assist in making improvements to operational activities, initiatives, and metrics that align with the mutual goals and objectives of the MOU. Written comments are due Oct. 30, 2022. VHA and IHS will host a Tribal consultation on Sep. 27, 2022, at 12 pm Eastern during the National Tribal Health Conference in Washington D.C. 

• View the Dear Tribal Leader Letter initiating Tribal Consultation on the FY 2022 Draft Annual Operational Plan regarding the VHA-IHS MOU here.
• View the Draft Annual Operational Plan for the FY 2022 VHA-IHS Memorandum of Understanding here.
• View the VHA-IHS MOU, updated in October 2021.

Administrative and Regulatory Updates

HHS Declares Monkeypox Public Health Emergency. On Aug. 4, 2022, HHS Secretary Becerra declared the ongoing spread of the monkeypox virus a public health emergency. IHS has received a limited initial allocation of Monkeypox medical countermeasures, including the JYNNEOS vaccine and oral medication TPOXX. IHS and Tribal health facilities may request these countermeasures through the IHS National Supply Service Center by submitting an IHS-413 form to aaron.wyatt@ihs.gov and cathy.thomas2@ihs.gov. The vaccine started shipping on Aug. 15, 2022.  

• Register for the HHS IEA Weekly Briefing on Monkeypox Here.
• Monkeypox FAQs: Schools and Childcare

IHS Portland Area Office Allocates Funding for Regional Referral Specialty Center. IHS has allocated $500,000 from the available funding to complete the planning work necessary to proceed with the project. There are two options for completing the project planning work: 1) either a Portland Area Tribe or Tribal Organization supported by all Portland Area Tribes completes the work under a 638 Agreement or Construction Contract; or 2) IHS completes the work under a federal acquisition contract. IHS will proceed with a federal acquisition if it does not receive a fully supported intent to contract from a Tribe or Tribal Organization by Sep. 30, 2022.

• View the Portland Area Office Regional Referral Specialty Center Planning Notice of Funding Availability (NOFA) here.

IHS Update on Bivalent COVID-19 Booster Vaccines. Everyone age 12 years and older are now eligible for bivalent boosters that target both the original COVID-19 virus and Omicron variants. In order to receive the booster, you must have completed the primary vaccination series and it has been at least two months since your last COVID-19 vaccine dose.  

• IHS National Pharmacy and Therapeutics Committee Update on Boosters

IHS Special Diabetes Program for Indians (SDPI) FY 2023 Grant Application Now Open. The Notice of Funding Opportunity announcement for FY 2023 SDPI grants has been posted and is open to all eligible applicants, including Tribes that have not previously been awarded an SDPI grant. The deadline to apply is Oct. 7, 2022, for SDPI FY 2023 funding.  

• Dear Tribal Leader Letter announcing SDPI FY 2023 Grant Decision Here.  

HRSA Advisory Committee on Infant and Maternal Mortality. The Advisory Committee on Infant and Maternal Mortality (ACIMM) will be conducting a meeting at the Shakopee Mdewakanton Sioux Community in Prior Lake, MN on Sep. 13-15, 2022. TheACIMM would like to hear directly from tribal communities on improving the birth outcomes of AI/AN mothers and infants. More information to attend the meeting in person or virtually will be coming soon.  

• Dear Tribal Leader Letter Announcing ACIMM Meeting
• NPAIHB Written Testimony Submitted to the Committee Available Here.  

HRSA Provider Relief Funds Reporting Portal Open for Period 3.  

Just a reminder that the PRF Reporting Portal opened on July 1, 2022, and will remain open through Sep. 30, 2022, for Reporting Period 3.   

*Grace period ended on Nov. 30, 2021.

Litigation Updates

The Ninth Circuit Hears Arguments Regarding Denial of Medicaid Funding for DHAT Services. Washington law allows dental health aide therapists (DHATs) to provide services within the boundaries of a Tribal reservation to persons who are members of a federally recognized Tribe or otherwise eligible for services under IHS criteria. On Sep. 1, 2022, a Ninth Circuit three-judge panel considered an appeal by the Washington State Health Care Authority and the Swinomish Indian Tribal Community seeking to reverse a 2018 Centers for Medicare & Medicaid Services (CMS) decision to deny a Washington State Plan Amendment that authorized Medicaid reimbursement for DHAT services. The State and Swinomish Petitioners argued that the CMS decision is contrary to law because it misinterprets the Medicaid free-choice provision, ignores long-standing Indian health and self-determination statutes, and disregards the federal government’s trust and treaty obligations toward American Indian and Alaska Native people.  

• View the Joint Opening Brief of the State of Washington and the Swinomish Indian Tribal Community here.
• View the Answering Brief of Centers for Medicare & Medicaid Services, United States Department of Health and Human Services here.

NPAIHB Joins the Tribal Amicus Brief in Support of the Indian Child Welfare Act (ICWA). The Supreme Court will be hearing oral arguments for Brackeen v. Haaland on Nov. 9, 2022. This case involves challenges to ICWA, which have the potential to dismantle this long-standing law and affect the well-being of children, families, and tribes who are currently protected by it. 

• Read the Tribal Amicus Brief here.  

For more information:

Laura Platero, Executive Director 

Liz Coronado, Senior Policy Advisor

Candice Jimenez, Health Policy Specialist

Northwest Portland Area Indian Health Board | Website