Northwest Portland Area Indian Health Board

Legislative and Policy Update

Tuesday, February 15, 2022

Important Dates

Feb. 15-16, 2022

IHS Director’s Advisory Workgroup on Tribal Consultation Meeting

Feb. 17, 2022 (8:30 AM Pacific)

DSTAC 2^nd Quarter Meeting

Registration Link

Feb. 17, 2022 (11:00 AM Pacific)

CMS Tribal Leader Training Medicare 101 Part 2

Registration Link

Feb. 18, 2022 (10:00 AM Pacific)

Director’s Workgroup on Improving PRC

Feb. 18, 2022 (11:30 AM Pacific)

White House Tribal Broadband Briefing

Registration Link

Feb. 22, 2022 (10:30 AM Pacific)

DOT Tribal Consultation on Bipartisan Infrastructure Law

Zoom Link

Feb. 22, 2022 (2:00 PM Pacific)

Tribal Health Director Learning Collaborative

Feb. 23-24, 2022 (8:00 AM Pacific)

Administration for Children & Families (ACF) TAC Meeting

Feb. 24, 2022 (11:00 AM Pacific)

CMS Tribal Leader Training Meet Your CMS Native American Contact

Registration Link

Feb. 25, 2022 (11:00 AM Pacific)

ISAC Monthly Meeting

Mar. 1, 2022 (9:00 AM Pacific)

SAMHSA Tribal Technical Advisory Committee (TTAC) Meeting

Mar. 1, 2022 (12:00 PM Pacific)

MMPC Meeting

Mar. 2-3, 2022

TTAG Meeting

Mar. 3, 2022 (11:00 AM Pacific)

CMS Tribal Leader Training Technical Advisory Committees: Nuts and Bolts

Registration Link

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.

Legislative Updates

Indian Self-Determination and Education Assistance Act (ISDEAA) Legislative Fix. We are calling on all Northwest Tribes to urge Congress to amend the ISDEAA to protect contract support cost payments.  This past summer, a D.C. Court of Appeals misinterpreted the ISDEAA that threatens to wipe out most tribal contract support cost payments. Under this new ruling, if IHS would “normally” incur any type of cost, such as facility costs, IHS is categorically barred from reimbursing a tribal contractor anything.   

• Template Letter to Congress
• Briefing Statement on Proposed Technical Amendments
• ATNI Resolution No. 2022-02 related to legislative fix
• Inter-Tribal Organization Letter to Senate

The House Passes a Third FY 2022 Continuing Resolution. Last week, the House passed a third continuing resolution (CR) through March 11, 2022 to continue to fund the federal government. Senate is expected to vote on this measure this week prior to the February 18 expiration of the current CR. An FY 2022 “omnibus” appropriations package, combining all 12 FY 2022 appropriations bills, is under development.

S.3623 – Violence Against Women Act Reauthorization Act of 2022. Senators Feinstein (D-CA), Ernst (R-IA), Durbin (D-Ill) and Murkowski (R-AK) introduced the bipartisan bill last week, which would reauthorize VAWA through 2027, preserves advancements made in previous reauthorizations and includes a number of additional improvements to the current law.

• Learn more about key provisions of the bill, here.

Update on Mental Health Legislation led by Senators Wyden (OR) and Crapo (ID): Last week the Senate Finance Committee convened a hearing to discuss challenges facing young people and families that are related to youth mental health care, entitled, “Protecting Youth Mental Health: Part I - An Advisory and Call to Action,” at which U.S. Surgeon General Dr. Murthy testified. These listening sessions follow previous

• On Tuesday, February 15, the Senate Finance Committee will convene a second hearing, entitled “Protecting Youth Mental Health: Part II - Identifying and Addressing Barriers to Care.” 

Litigation Updates

Tribal Nations Reach Opioid Settlement with Manufacturers and Distributors. Opioid manufacturer Johnson & Johnson has agreed to pay up to $150 million over a period of two years, and the three largest distributors of prescription opioids have agreed to pay up to $440 million over six years to settle all filed and potential opioid-related claims. All 574 federally-recognized tribes and Alaska tribal health organizations would be allowed to receive settlement funds. This is a historic settlement for Tribal Nations who were excluded from mass tort litigation in the past, such as the Big Tobacco litigation in the 90s. 

• Hobbs Straus Memo on Tribal Opioid Settlement Terms Available Here

Tribal Consultation Updates

Department of Transportation (DOT) Tribal Consultation on Bipartisan Infrastructure Law (BIL). The DOT will be hosting consultation on Feb. 22, 2022 10:30 to 1:00 PM Pacific to discuss tribal opportunities under the BIL, how to receive technical assistance, and who the points of contacts are in DOT. 

•  Zoom Link for Feb. 22 Tribal Consultation

NIOSH (CDC) Tribal Consultation on AI/AN Worker Safety and Health Strategic Plan. The National Institute for Occupational Safety and Health (NIOSH), within the CDC, hosted tribal consultation on the NIOSH draft strategic plan entitled American Indian and Alaska Native Worker Safety and Health Strategic Plan. NIOSH is proposing research and outreach activities to enhance worker safety and health in tribal communities and requests input on the draft plan.

• Written testimony is due Feb. 24 by 2 PM Pacific to [email protected]

U.S. Department of Justice Tribal Consultation on Supporting Public Safety for Tribal Communities. The DOJ is hosting government-to-government consultation on Mar. 16 and Mar. 17 at 12 PM Pacific to discuss efforts to address high rates of violent crime in Native communities, including those reflected in missing and murdered indigenous persons (MMIP). The Deputy Attorney General released a memorandum in establishing a Steering Committee to address the crisis of MMIP.

• Registration link: Day 1 (Mar. 16) & Day 2 (Mar. 17); each day 12:00-1:30 PM Pacific
• Written comments are due by Apr. 15, 2022 to [email protected]

Administrative and Regulatory Updates

White House Releases Bipartisan Infrastructure Law Guidebook. This Guidebook is intended to assist tribal, state, and local governments in reviewing funding available under the Bipartisan Infrastructure Law.

• Bipartisan Infrastructure Law Guidebook available here.

CMS Announces All Tribes Call on COVID-19 Vaccination Requirement.  CMS previously issued an emergency rule imposing COVID-19 vaccination requirements on healthcare workers of certain participating Medicare and Medicaid providers and suppliers. CMS hosted an All Tribes Call on February 10, 2022.

• Tribal Medicare Certified Facilities subject to the rule

See chart below for timelines on implementation of the CMS vaccine mandate: 

FDA Fully Approves of Moderna COVID-19 Vaccine. On Jan. 31, FDA fully approved the Moderna COVID-19 vaccine as a 2-dose primary series for persons 18 years of age and older. This fully licensed product will have the brand name “Spikevax.” The CDC endorsed this recommendation. The Moderna COVID-19 vaccine has been authorized for use by an emergency use authorization since Dec. 2020. 

The FDA announced yesterday that they have postponed the scheduled advisory committee meeting to discuss the request for authorization of the Pfizer COVID-19 vaccine for children ages 6 months through 4 years to allow more time to evaluate additional data, including the ongoing evaluation of a third dose.

IHS PAO Additional COVID-19 Response Funding Available.  Portland Area Office (PAO) has additional funding available for specific COVID-19 related response activities under the Coronavirus Response and Relief Supplemental Appropriations Act. Please send all needs for funding related to these specific activities to Rena Macy, ISDEAA Specialist by email at [email protected] by Mar. 1, 2022. 

• Information Sheet on Eligible Activities

IHS PAO Request for Staff Quarters Projects. The IHS Portland Area Office is accepting project proposals for staff housing (quarters). To be considered, please submit a Request for Funding for planning, design, and construction of staff housing to CAPT Jason Lovett at the Portland Area Office at [email protected] by Feb. 18, 2022.  

• FY 2022 Quarters Construction Fund Application Guidelines
• Chapter 12-2 Quarters Construction Priority System

HHS Announces Availability of $19.2 million to Expand Training of Primary Care Residents in Rural and Underserved Communities. The U.S. Department of Health and Human Services (HHS), through the Health Resources and Services Administration (HRSA), is announcing the availability of American Rescue Plan funding to support and expand community-based primary care residency programs via the Teaching Health Center Graduate Medical Education Program (THCGME). Awardees will use this funding to train residents to provide quality care to diverse populations and communities, particularly in underserved and rural areas.

• To learn about eligibility and to apply for the THCGME program, visit grants.gov

For more information:

Laura Platero, Executive Director

Lisa L. Griggs, Executive and Program Ops Assistant  

Candice Jimenez, Health Policy Specialist 

Liz Coronado, Health Policy Specialist

Northwest Portland Area Indian Health Board | Website