Senate Appropriations Committee Advances Labor Health and Human Services Spending Bill, Protects Key Indian Country Programs

On August 1, 2024, the Senate Appropriations Full Committee passed the Fiscal Year (FY) 2025 appropriations bill for Labor, Health, and Human Services (LHHS). The bill appropriates $122.8 billion for Health and Human Services (HHS), which is $7.3 billion above the FY24 levels and $1 billion above the President’s request. These increases reflect the Committee’s dedication to protecting healthcare funding and prioritizing funding for Indian Country. The National Council of Urban Indian Health (NCUIH) applauds and thanks the Senate Appropriations Committee for including urban Indian organizations (UIOs) in the report language for the Improving Native American Cancer Outcomes program.

Next Steps

Senate Leadership will now work with House Leadership to develop the final LHHS appropriations spending bill. As a final appropriations bill is produced, NCUIH will continue to advocate to protect funding for Indian Country and maintain maximum funding levels.

Funding Increased and Maintained for Key Indian Country Programs

Key provisions of the bill include:

  • $8 million for the Improving Native American Cancer Outcomes program, an increase of $2 million from FY24
  • $24 million for the Good Health and Wellness in Indian Country program, a maintained level from FY24
  • $23.67 million for Tribal Behavioral Health Grants (Native Connections), a maintained level from FY24
  • $14.5 million for grants for Tribes and Tribal Organizations for Medication-Assisted Treatment for Prescription Drug and Opioid Addiction

Protects Funding for HIV/AIDS Prevention and Treatment

The Senate Appropriations Committee protected funding for HIV/AIDS prevention and treatment, including $2.57 billion for the Ryan White HIV/AIDS Program, $157.25 million for Ending the HIV Epidemic, and $60 million for the Minority HIV/AIDS Fund. The Committee emphasized their support for the Ryan White HIV/AIDS program, “which provides a wide range of community-based services, including primary and home healthcare, case management, substance use disorder treatment, mental health, and nutritional services”. The Senate bill funds critical HIV/AIDS prevention and treatment programs, many of which were cut in the House version of the bill that was passed in July 2024. NCUIH will continue to advocate to protect HIV/AIDS funding and increase Tribal set-asides, as the appropriations process continues.

Increased Funding to Address Opioid and Fentanyl Crisis

The Senate Appropriations Committee significantly increased funding for programs addressing the growing opioid and fentanyl crisis. Senate Appropriations Chair Murray (D-WA) highlighted “As communities work to tackle the devastating opioid and mental health crises, this bill provides significant new funding to support their efforts”. In particular, the bill includes $14.5 million for Tribes and Tribal Organizations for Medication-Assisted Treatment for Prescription Drug and Opioid Addiction programs.

NCUIH Advocacy to Increase Funding for Indian Country Programs

NCUIH worked closely with Appropriators to advocate for increased funding for Indian Country. In written testimony, NCUIH advocated for $10 million for the Improving Native American Cancer Outcomes program, $30 million for the Good Health and Wellness in Indian Country program, and to protect funding for HIV/AIDS treatment and prevention. NCUIH successfully advocated to include UIOs in the Native American Cancer Outcomes program and will continue to push this effort as the bill moves to conference. The Committee showed significant support for Indian Country through this appropriations process.

Bill Highlights:

Line Item FY 2024 Enacted FY 2025 President’s Budget Request FY 2025 Committee  Passed
Health Resources and Services Administration   $8.9 billion $8.26 billion $8.94 billion
Substance Abuse and Mental Health Services Administration   $7.4 billion $8.13 billion $7.55 billion
National Institute of Health $48.6 billion $50.77 billion $48.81 billion
Centers for Disease Control   $9.2 billion $11.64 billion $9.39 billion
Good Health and Wellness in Indian Country $24 million —————– $24 million
Improving Native American Cancer Outcomes $6 million —————– $8 million
Ryan White HIV/AIDS Program $2.57 billion $2.58 billion $2.57 billion
Ending the HIV Epidemic $165 million $175 million $157.25 million
Minority HIV/AIDS Fund $60 million $60 million $60 million
Minority HIV/AIDS Fund – Tribal Set Aside $5 million ———— —————
Tribal Behavioral Health Grants (Native Connections) $23.67 million $23.67 million $23.67 million

Health Resources and Services Administration

Health Resources and Services Administration: $8.94 billion
  • No report language.
Ryan White HIV/AIDS Program: $2.57 billion
  • Bill report pg. 55: The Committee recommendation includes $2,571,041,000 for the HIV/AIDS Bureau. The mission of the Bureau is to address the unmet care and treatment needs of persons living with HIV/AIDS. The Bureau administers the Ryan White Care Act (Public Law 111–87), which provides a wide range of community-based services, including primary and home healthcare, case management, substance use disorder treatment, mental health, and nutritional services.
Federal Office of Rural Health Policy: $385.9 million
  • Bill report pg. 57: The Committee recommendation for Rural Health programs is $385,907,000, an increase of $21,300,000 above the fiscal year 2024 enacted level.
Native Hawaiian Health Care Program: $27 million
  • Bill report pg. 41: The Committee includes no less than $27,000,000 for the Native Hawaiian Health Care Program. Of the total amount appropriated for the Native Hawaiian Health Care Program, not less than $10,000,000 shall be provided to Papa Ola Lokahi for administrative purposes authorized under 42 U.S.C. 11706, including to coordinate and support healthcare service provision to Native Hawaiians and strengthen the capacity of the Native Hawaiian Health Care Systems to provide comprehensive health education and promotion, disease prevention services, traditional healing practices, and primary health services to Native Hawaiians.
National Health Service Corps: $128.6 million
  • Bill report pg: 42: The Committee provides $128,600,000 for the National Health Service Corps [Corps]. The Committee recognizes the success of the Corps program in building healthy communities in areas with limited access to care. The program has shown increases in retention of healthcare professionals located in underserved areas.
National Center of Excellence for Eating Disorders: $1 million
  • Bill report pg. 45: Within the total for PCTE, the Committee continues to support up to $1,000,000 in coordination with SAMHSA’s Center of Excellence for Eating Disorders, to provide trainings for primary care health professionals to screen, intervene, and refer patients to treatment for the severe mental illness of eating disorders, as authorized under section 13006 of the 21st Century Cures Act (Public Law 114–255).

Centers for Disease Control and Prevention

Good Health and Wellness in Indian Country: $24 million
  • Bill report pg 75: The Committee’s recommended level includes $24,000,000 for Good Health and Wellness in Indian Country.

Office of the Secretary – General Departmental Management 

Minority HIV/AIDS Fund: $60 million
  • Bill report pg. 237: The Committee includes $60,000,000 for the Secretary’s Minority HIV/AIDS Fund to strengthen and expand services provided by minority-serving community-based organizations [CBOs] for HIV education and awareness campaigns, testing, prevention, linkage to care, and engagement in care to racial and ethnic minority individuals at risk for or living with HIV in order to address the decline in HIV testing and the challenges with linkage to and retention in care and treatment that occurred during the COVID–19 pandemic. Funding may be prioritized for minority-serving CBOs in the South, which has the highest burden of HIV of any region nationwide.

Substance Abuse and Mental Health Services Administration

Substance Abuse and Mental Health Services Administration: $7.54 billion
  • Bill report pg: 157: The Committee recommends $7,554,306,000 for the Substance Abuse and Mental Health Services Administration [SAMHSA]. The recommendation includes $133,667,000 in transfers available under section 241 of the PHS Act (Public Law 78–410 as amended) and $12,000,000 in transfers from the PPH Fund.
Substance Abuse Prevention Services: $246.88 million
  • Bill report pg: 172: The Committee recommends $246,879,000 for the Center for Substance Abuse Prevention [CSAP], the sole Federal organization with responsibility for improving accessibility and quality of substance use prevention services.
Tribal Behavioral Grants (Native Connections): $23.67 million
  • Bill report pg. 173: SAMHSA has administered Tribal Behavioral Health Grants for mental health and substance use prevention and treatment for Tribes and Tribal organizations since fiscal year 2014. In light of the continued growth of this program, as well as the urgent need among Tribal populations, the Committee continues to urge the Assistant Secretary for SAMHSA to engage with Tribes on ways to maximize participation in this program.
Zero Suicide: $30.2 million – $3.4 million AI/AN Set-Aside 
  • Bill report pg: 162: The Committee includes $30,200,000 for suicide prevention programs. Of the total, $26,200,000 is for the implementation of the Zero Suicide model, which is a comprehensive, multi-setting approach to suicide prevention within health systems.
    • American Indian and Alaska Native Set Aside – Additionally, suicide is often more prevalent in highly rural areas and among the American Indian and Alaskan Native populations. According to the CDC, American Indian/Alaska Natives [AI/AN] have the highest rates of suicide of any racial or ethnic group in the United States. In order to combat the rise in suicide rates among this population, the Committee recommends $3,400,000 for AI/AN within Zero Suicide.
Mental Health Services Block Grant: $1.04 billion
  • Bill report pg. 164: The Committee recommends $1,042,571,000 for the Mental Health Block Grant [MHBG]. The recommendation includes $21,039,000 in transfers available under section 241 of the PHS Act (Public Law 78–410 as amended). In addition to the funding made available in this bill, the Bipartisan Safer Communities Act included $250,000,000 over 4 fiscal years, with $62,500,000 made available each fiscal year through September 30, 2025, to support the MHBG.
988 Suicide & Crisis Lifeline: $539.62 million
  • Bill report pg. 159: —Suicide is a leading cause of death in the United States, claiming over 49,000 lives in 2022. The Committee provides $539,618,000 for the 988 Lifeline and Behavioral Health Crisis Services. This amount includes funding to continue to strengthen the 988 Lifeline and enable the program to continue to respond in a timely manner to an increasing number of contacts. The 988 Lifeline coordinates a network of independently operated crisis centers across the United States by providing suicide prevention and crisis intervention services for individuals seeking help. The Committee requests a briefing within 90 days of enactment on the 988 Lifeline spend plan and related activities.
Substance Use Prevention, Treatment, and Recovery Services Block Grant: $2.49 billion
  • Bill report pg. 174: The Committee acknowledges the important role of the Community Mental Health Services and Substance Use Prevention, Treatment, and Recovery Services Block Grants in supporting States’ efforts to provide resources for expanded mental health and substance use disorder treatment and prevention services. The Committee reiterates the request for a report as included in Public Law 118–47 regarding the lack of transparency and information that is provided to Congress and the public about how States are distributing those funds and what programs or services they are going toward.
State Opioid Response Grants: $1.6 billion
  • Bill report pg. 170: The Committee provides $1,600,000,000 for grants to States to address the opioid crisis. Bill language provides not less than 4 percent for grants to Indian Tribes or Tribal organizations. The Committee supports the 15 percent set-aside for States with the highest age-adjusted mortality rate related to substance use disorders, as authorized in Public Law 117–328. The Assistant Secretary is encouraged to apply a weighted formula within the set-aside based on state ordinal ranking. Activities funded with this grant may include treatment, prevention, and recovery support services. The Committee continues to direct SAMHSA to conduct a yearly evaluation of the program to be transmitted to the Committees on Appropriations of the House of Representatives and Senate no later than 180 days after enactment of this act. SAMHSA is directed to make such evaluation publicly available on SAMHSA’s website. The Committee further directs SAMHSA to continue funding technical assistance within the administrative portion of the appropriated amounts for the SOR grants, to provide locally based technical assistance teams as has been done through the Opioid Response Network. The Committee recognizes the importance and essential work currently being done by the Opioid Response Network in delivering technical assistance to State and Territory SOR grantees, sub-recipients and others addressing opioid use disorder and stimulant use disorder in their communities.

National Institute on Minority Health and Health Disparities

Improving Native American Cancer Outcomes: $8 million
  • Bill report pg. 129: The Committee notes that Native Americans experience overall cancer incidence and mortality rates that are strikingly higher than non-Native populations. The Committee includes $8,000,000, an increase of $2,000,000, for the Initiative for Improving Native American Cancer Outcomes to support efforts including research, education, outreach, and clinical access related to cancer in Native American populations. The Committee further directs NIMHD to work with NCI to locate this Initiative at an NCI-designated cancer center demonstrating partnerships with Indian Tribes, Tribal organizations, and urban Indian organizations to improve the screening, diagnosis, and treatment of cancers among Native Americans, particularly those living in rural communities.
Native Hawaiian/Pacific Islander Health Research Office: $7 million
  • Bill report pg. 130: The Committee includes $7,000,000, an increase of $3,000,000, for a Native Hawaiian/Pacific Islander Health Research Office. This office should focus on both addressing Native Hawaiian and Pacific Islander [NHPI] health disparities as well as supporting the pathway and research of NHPI investigators. The office should develop partnerships with academic institutions with a proven track record of working closely with NHPI communities and NHPI-serving organizations and located in States with significant NHPI populations to support the development of future researchers from these same communities.

Important Behavioral and Mental Health Provisions

Medication-Assisted Treatment for Prescription Drug and Opioid Addiction Tribal Set Aside: $14.5 million
  • Bill report pg: 168: The Committee includes $114,000,000 for medication-assisted treatment, of which $14,500,000 is for grants to Indian Tribes, Tribal organizations, or consortia. These grants should target States with the highest age adjusted rates of admissions, including those that have demonstrated a dramatic age-adjusted increase in admissions for the treatment of opioid use disorders. The Committee continues to direct the Center for Substance Abuse Treatment to ensure that these grants include as an allowable use the support of medication assisted treatment and other clinically appropriate services to achieve and maintain abstinence from all opioids, including programs that offer low-barrier or same day treatment options.
Peer-Support Services: $14 million
  • Bill report pg. 46: Within BHWET, the Committee includes $14,000,000 to fund training, internships, and certification for mental health and substance use peer support specialists to create an advanced peer workforce prepared to work in clinical settings.
Infant and Early Childhood Mental Health Program: $15 million
  • Bill report pg. 161: The Committee pro- vides $15,000,000 for grants to entities such as State agencies, Tribal communities, universities, or medical centers that are in different stages of developing infant and early childhood mental health services. These entities should have the capacity to lead partners in systems-level change, as well as building or enhancing the basic components of such early childhood services, including an appropriately trained workforce. Additionally, the Committee recognizes the importance of early intervention strategies to prevent the onset of mental disorders, particularly among children. Recent research has shown that half of those who will develop mental health disorders show symptoms by age 14. The Committee encourages SAMHSA to work with States to support services and activities related to infants and toddlers, such as expanding the infant and early childhood mental health workforce; increasing knowledge of infant and early childhood mental health among professionals most connected with young children to promote positive early mental health and early identification; strengthening systems and networks for referral; and improving access to quality services for children and families who are in need of support.

Senate Interior Appropriations Bill Passes out of Committee with a 22% Increase for the Indian Health Service and Maintained Advance Appropriations for IHS

The bill includes $8.5 billion for IHS, $1.5 billion more than the amount enacted for Fiscal Year 2024.

On July 25, 2024, the Senate Appropriations Committee completed the markup of the Fiscal Year (FY) 25 Interior, Environment, and Related Agencies bill. The bill passed out of Committee with a vote of 28-1 and will advance to the Senate floor for initial passage. The bill authorizes $8.5 billion for IHS— an increase of $1.5 billion from FY24 and $500 million above the President’s request. The FY25 budget also includes $94.57 million for Urban Indian health, which is $4.17 million above the FY24 enacted levels, but $5.42 million under the House recommended amount and $419,000 under President Biden’s Request. Advance appropriations for IHS was maintained for FY26 and received an increase to $5.45 billion from $5.19 billion for FY25. Other key provisions include: $3 million to improve maternal health and $2.5 million for the Produce Prescription Pilot Program for Tribes and urban Indian organizations (UIOs) to increase access to produce and other traditional foods. A more detailed analysis follows below.

The National Council of Urban Indian Health (NCUIH) recently worked closely with Sen. Smith (D-MN) on leading a Senate Dear Colleague letter signed by 20 Senators to the Senate Interior Appropriations Committee. The letter has bipartisan support and calls for support for Urban Indian Health based on the Tribal Budget Formulation Workgroup (TBFWG) recommendations and to maintain advance appropriations for IHS until such time that authorizers move IHS to mandatory spending.

Proposed Amendment Regarding Contract Support Costs and 105 (l) Leases Withdrawn

During the hearing, the Chairman of the Senate Interior Appropriations Committee, Jeff Merkley (D-OR), offered an amendment that would reclassify tribal sovereignty payments as mandatory by FY26, making these payments subject to the appropriations process. Merkley said the payments are required by law and will “affect the Interior budget for a long time to come.” However, Merkley said the proposal did not have enough votes to pass and withdrew the amendment.

NCUIH joined the National Indian Health Board, National Congress of American Indians, and 25 other organizations on a letter urging Congressional Appropriations leaders to transition Contract Support Cost and 105(l) leases to mandatory appropriations, and will continue to advocate for this proposal.

Next Steps

The bill will now advance to the Senate floor for a vote. The legislation is not expected to become law in its current form. House and Senate leadership will work together to negotiate a final bill text for passage in both chambers.

FY24 funding is set to end on September 30, 2024. If Congress cannot come to a funding agreement by that deadline, they will need to pass a Continuing Resolution to keep the funding levels at the FY24 level until they can reach an agreement. Should political disagreements lead to a government shutdown, UIOs and parts of IHS will be protected by Advance Appropriations.

Background and Advocacy

On July 24, 2024, the House of Representatives passed the FY25 Interior Appropriations bill with $8.56 billion for IHS, an increase in FY26 advance appropriations for IHS to $5.97 billion, and $99.99 million for urban Indian health.

Full Funding, Maintain Advance Appropriations, and Mandatory Funding as Priorities

The marked increase for FY25 is a result of Tribal leaders, over several decades, providing budget recommendations to phase in funding increases over 10-12 years to address growing health disparities that have largely been ignored.

In addition to the Senate Dear Colleague letter calling for support for Urban Indian Health based on the TBFWG’s recommendation and to maintain advance appropriations for IHS, NCUIH worked with Representatives Gallego and Grijalva in leading a Congressional letter to the House Committee on Appropriations for FY 2025 with the same requests. On May 8, 2024, Helena Indian Alliance – Leo Pocha Clinic Executive Director Todd Wilson (Crow), testified before and submitted public witness written testimony to the House Appropriations Subcommittee on Interior, Environment, and Related Agencies regarding FY 2025 funding. NCUIH requested full funding for IHS at $53.82 billion and Urban Indian Health for FY 2024 as requested by the TBFWG, maintain advance appropriations for IHS, and support of mandatory funding for IHS.

Bill Highlights

Line Item FY24 Enacted FY25 TBFWG Request FY25
President’s
Budget
FY25 House Proposed FY25 Senate Proposed
Urban Indian Health $90,419,000 $965,419,000 $94,990,000 $99,992,000 $94,573,000
Indian Health Service $6,961,914,000 $53,852,801,000 $8,000,000,000 $8,561,647,000 $8,500,000,000
Advance Appropriations $5,190,00,00 Request is to expand advance appropriations to include all IHS accounts $5,129,458,000 $5,975,150,000 $5,450,000,000
Produce Prescription Pilot Program $2,500,000 ————————– ———————– $7,000,000 $2,500,000
Tribal Epidemiology Centers $34,433,000 ————————– $34,433,000 $44,433,000 $44,433,000
Contract Support Costs $1,052,000,000 Move to Mandatory $979,000,000 $2,036,000,000 $2,036,000,000
105 (l) Leases $149,000,000 $261,000,000 $349,000,000 $400,000,000 $400,000,000
Alcohol and Substance Abuse $266,636,000 $4,859,237,000 $291,389,000 $282,380,000 $273,138,000
Generators at I/T/Us $3,000,000 ————————— ———————– $8,000,000 Not in bill report.
Maternal Health $2,000,000 ————————— ———————– $3,000,000 $3,000,000
Dental Health $252,561,000 $3,174,342,000 $276,085,000 $283,080,000 $267,189,000

Commitment to Urban Indian Health, UIOs, and Establishment of a UIO Interagency Workgroup

The bill also includes direction for IHS to establish a UIO Interagency Workgroup. The bill report reads, “The Committee is committed to improving the health and well-being of AI/AN living in urban Indian communities. Despite the excellent efforts of Urban Indian Organizations, AI/AN populations continue to be left out of many Federal initiatives. Therefore, the Committee reminds the IHS of the directive to explore the formation of an interagency working group to identify existing Federal funding supporting Urban Indian Organizations [UIOs] and determine where increases are needed, or what programs should be amended to allow for greater access by UIOs; to develop a Federal funding strategy to build out and coordinate the infrastructure necessary to pilot and scale innovative programs that address the needs and aspirations of urban AI/ANs in a holistic manner; develop a wellness centered framework to inform health services; and meet quarterly with UIOs to address other relevant issues. In addition to the Indian Health Service, the working group should consist of the U.S. Department of Health and Human Services, U.S. Department of Housing and Urban Development, U.S. Department of Agriculture, U.S. Department of Justice, U.S. Department of Education, U.S. Department of Veteran Affairs, U.S. Department of Labor, the Small Business Administration, the Economicevelopment Agency, FEMA, the U.S. Conference of Mayors, and others as identified by UIOs.”

NCUIH has advocated for the creation of the UIO Interagency Workgroup as a key step to increasing support and resources to American Indians and Alaska Natives (AI/ANs) living in urban areas. On September 12, 2022, NCUIH submitted comments and recommendations to IHS regarding the formation of an Urban Interagency Workgroup with other federal agencies. The agency held an Urban Confer on July 13, 2022, in response to a letter sent to President Biden and Vice President Harris from several Senators, requesting the formation of such a workgroup. NCUIH will continue to work with House and Senate appropriators to ensure this language is included in the final appropriations bill.

Indian Health Service: $8.5 billion

  • Bill Report, Pg. 121: “The Committee recommends $5,211,808,000 in total resources for fiscal year 2025 for Indian Health Services, an increase of $263,077,000 to the enacted level. The Committee recommendation also provides $4,933,790,000 in advance appropriations for the Services account for fiscal year 2026, equal to the fiscal year 2025 Committee recommendation with the exception of funding provided for Electronic Health Records and the Indian Healthcare Improvement Fund, which is provided only an annual appropriation. The following direction relates to the total fiscal year 2025 funding recommendation. All programs, projects, and activities are maintained at fiscal year 2024 enacted levels unless otherwise stated. The bill provides $119,037,000 for pay costs within current services, as requested.”

Urban Indian Health: $94.57 million

  • Bill Report, pg. 124: “The recommendation includes $94,573,000 for the Urban Indian Health program, an increase of $4,154,000 to the enacted level.”

Contract Support Costs $2.03 billion and Tribal 105(l) leases $400 million

  • Bill Report, pg. 125: “The Committee has continued language from fiscal year 2021 establishing an indefinite appropriation for contract support costs estimated to be $2,036,000,000 in fiscal year 2025. By retaining an indefinite appropriation for this account, additional funds may be provided by the Agency if its budget estimate proves to be lower than necessary to meet the legal obligation to pay the full amount due to Tribes. The Committee believes that fully funding these costs will ensure Tribes have the resources they need to deliver program services efficiently and effectively”
  • Bill Report, pg. 126: “The recommendation includes an indefinite appropriation of an estimated $400,000,000 for the compensation of operating costs associated with facilities leased or owned by Tribes and Tribal organizations for carrying out health programs under ISDEAA contracts and compacts as required by 25 U.S.C. 5324(l).”

Dental Health: $267.18 million

  • Bill Report pg. 123, “The recommendation includes $267,189,000 for dental health, an increase of $14,628,000 to the enacted level. The Service is encouraged to coordinate with the Bureau of Indian Education [BIE] to integrate preventive dental care at schools within the BIE system.

Equipment: $32 million

  • Bill Report, pg. 127: “The recommendation includes $32,598,000 for medical equipment upgrades and replacement, equal to the enacted level.”

Electronic Health Records: $203.88 million

  • Bill Report, pg. 123: “The Committee is aware there is a need for a new electronic health record system to improve the overall interoperability, efficiency, and security of the Service’s information technology system and provides $203,880,000 for this effort, equal to the enacted level. Further, the Committee understands many Tribes recently upgraded computer systems for the new Department of Veterans Affairs [VA] system, and it is important these systems are compatible. It is the Committee’s expectation that the Service will be able to use the compiled information gathered during this recent effort with VA to inform both the Service and the Committee on which Tribes use their own system and the estimated costs. Finally, the Committee notes that the Electronic Health Records is excluded from the advance appropriation for fiscal year 2026 as specified in bill language.”

Mental Health: $135.28 million

  • Bill Report, pg. 123: “The recommendation includes $135,287,000 for mental health programs, an increase of $5,522,000 to the enacted level. The bill maintains fiscal year 2024 funding for the behavioral health integration initiative to better integrate treatment programs for mental health and substance abuse problems and for the suicide prevention initiative.”

Alcohol and Substance Abuse: $273.18 million

  • Bill Report, pg. 123: “The recommendation includes $273,138,000 for alcohol and substance abuse programs, an increase of $6,502,000 to the enacted level. The bill also provides $11,000,000 for opioid abuse.”

Produce Prescription Pilot Program: $2.5 million

  • Bill Report, pg. 122: “The bill maintains funding at fiscal year 2024 enacted levels for the Alzheimer’s program and Produce Prescription Pilot program.”

Improving Maternal Health: $3 million

  • Bill Report, pg. 122: “The Committee remains concerned with the maternal mortality crisis in the United States, which is even more acute in Native American communities. American Indian and Alaska Native women are two times more likely to die of pregnancy-related causes than White women, and 93 percent of pregnancy-related deaths among American Indian and Alaska Native women are preventable. The Committee recommendation supports funding for maternal health initiatives and provides an additional $1,000,000 for these efforts as noted above. The Committee reminds the IHS of the directive to brief the Committee within 90 days of enactment of this act on its plans for such funds. Further, the Committee directs IHS to coordinate with the Centers for Disease Control and Prevention, Health Resources and Services Administration, and Centers for Medicare and Medicaid Services to further enhance its maternal health initiatives, which should include improved data collection to facilitate an agency-wide effort to improve outcomes for American Indian and Alaska Native women.”

Alzheimer’s Disease: $5.5 million

  • Bill Report pg. 122: “The bill maintains funding at fiscal year 2024 enacted levels for the Alzheimer’s program and Produce Prescription Pilot program.”

Purchased and Referred Care: $1 billion

  • Bill Report pg. 124: “The recommendation includes $1,005,356,000 for purchased/referred care, an increase of $8,601,000 above the enacted level. The Committee directs IHS to examine the policies for the Purchased/Referred Care Program and work to better facilitate reimbursement of authorized travel to be used for more than one medical procedure or visit during the time that a patient is scheduled for such healthcare treatment.”

July Policy Updates: Traditional Food Report, Supreme Court Rulings, and FY 2025 Budget Boosts

In this Edition:

🍲🌾 Traditional Food Report: NCUIH publishes an in-depth report on Traditional Food programs at Urban Indian Organizations.

 Supreme Court Updates: Key rulings and their impact on Urban Indian Organizations.

📊 FY 2025 Budget Boosts: Significant increases for Indian Country programs in the new spending bills.

🎤 NCUIH in Action: Highlights from CMS Tribal Technical Advisory Committee meetings.

💉📞 Advocacy for Vaccines & Telehealth: Supporting access to vaccines and audio-only telehealth services.

🧠👨‍👩‍👧‍👦 Behavioral Health Funding: NCUIH’s push for noncompetitive funding and whole family treatment support.

📅 Important Dates: Mark your calendars for August’s meetings, conferences, and deadlines for federal comments.

🔍 Setting Policy Priorities: Join NCUIH’s UIO focus groups in September to shape 2025 policy priorities.

💡 Funding Opportunity: SAMHSA Women’s Behavioral Health Technical Assistance Center applications due soon!

Appropriations Updates: FY 2025 Spending Bills Include Increases for Indian Country Programs

Illustration of the U.S. Capitol

House and Senate FY 2025 Interior Bills:

On July 25, the House of Representatives passed their bill, by a vote of 210-205, with a 23% increase for the Indian Health Service (IHS) at $8.56 billion, and $99.99 million for Urban Indian health, which is $9.5 million above FY 2024 enacted levels. On July 25, the Senate Appropriations Committee passed their bill, by a vote of 28-1, with a 22% increase for IHS at $8.5 billion, and $94.57 million for Urban Indian health, which is $4.17 million above FY 2024 enacted levels. Both bills maintained advance appropriations for IHS in FY 2026.

Next Steps: The Senate bill will now advance to the floor for a vote. Should the bill pass the Senate, both House and Senate leadership will work together to negotiate a final bill text for passage in both chambers. FY 2024 funding is set to end on September 30, 2024. If Congress cannot come to a funding agreement by that deadline, they will need to pass a Continuing Resolution to keep the funding levels at the FY24 level until they can reach an agreement. Should political disagreements lead to a government shutdown, UIOs and parts of IHS will be protected by Advance Appropriations.

Go deeper: For a more detailed analysis of Indian Country provisions, read our House blog and Senate blog.

House Passes Labor-HHS Appropriations Bill: 

On July 10, 2024, the House Appropriations Full Committee passed a FY 2025 Labor, Health, and Human Services (LHHS) appropriations bill with increases for Indian Country Programs.

By the numbers:

  • Improving Native American Cancer Outcomes Program – $15 million (+9 million from FY 2024)
  • Good Health and Wellness in Indian Country – $30 million (+6 million from FY 2024)
  • Minority HIV/AIDS Prevention and Treatment Program: $45 million (-15 million from FY 2024) and $6 million Tribal set-aside
  • Tribes and Tribal Organizations for Medication-Assisted Treatment for Prescription Drug and Opioid Addiction – (+$16.5 million from FY 2024)

Go deeper: Read NCUIH’s analysis of the bill.

Next Steps: Facing challenges to passing their other appropriations bills, House Republican Leadership have cancelled votes and will be headed into recess a week earlier than planned. There currently is no planned schedule for votes on the House LHHS appropriations bill.  However, the Senate will be holding a full committee markup on their LHHS bill on August 1.

NCUIH in Action: CMS Tribal Technical Advisory Group Meeting

WM and FC

NCUIH Board President, Walter Murillo (Choctaw) and NCUIH CEO, Francys Crevier (Algonquin) together at the Medicare, Medicaid and Health Reform Policy Committee meeting.

On July 16, NCUIH represented UIOs on the Medicare, Medicaid and Health Reform Policy Committee (MMPC), a standing committee of the National Indian Health Board (NIHB), ahead of the Centers for Medicare and Medicaid Services (CMS) Tribal Technical Advisory Group (TTAG) Face-to-Face Meeting. The primary purpose of MMPC is to provide technical support to TTAG.

On July 17-18, NCUIH served as Technical Advisors at the CMS TTAG Face-to-Face Meeting with NCUIH President, Walter Murillo (Choctaw), and NCUIH Board Member, Todd Wilson (Crow) who serve as the NCUIH representatives on the advisory group.

Go Deeper: Mr. Murillo spoke on the issue of Medicaid fraud in Arizona impacting Native people and urged CMS to take action.

MR and AP

NCUIH VP of Policy and Communications, Meredith Raimondi, NCUIH Board Member, Todd Wilson (Crow), NCUIH Research Associate, Nahla Holland (Eastern Pequot Tribal Nation), NCUIH Federal Relations Manager, Alexandra Payan, JD, at CMS TTAG.

ap and nahla

NCUIH Research Associate, Nahla Holland (Eastern Pequot Tribal Nation) and NCUIH Federal Relations Manager, Alexandra Payan, JD presenting at CMS TTAG.

NCUIH also presented its reports on Traditional Food at UIOs and Medicaid Reimbursement During COVID-19 at UIOs to the CMS TTAG.

Monitoring the Bench: Supreme Court Decisions Reshaping Tribal Funding, Agency Authority, and Public Safety
Illustration of two gavels forming an x in front of the Supreme Court building

Becerra v. San Carlos Apache (consolidated with Becerra v. Northern Arapaho Tribe) 

  • What has happened since the June 6 Supreme Court ruling in favor of Tribes?
  • In the FY 2025 Interior Appropriations Bill Passed by the House Committee on July 9, Chairman Cole and Republican leadership shifted money from the Labor-HHS-Education bill to the Interior-Environment bill to accommodate the increases required by the result of the Supreme Court decision on contract support costs (CSCs).
  • The bill provided an estimated indefinite appropriation of $2.036 billion for CSCs, a $985 million increase above Fiscal Year (FY) 2024 levels.
  • What’s Next: NCUIH is closely monitoring budget conversations and advocacy on transferring CSCs to mandatory spending.
  • Resource: NCUIH created an FAQ to address any questions or concerns.

Loper Bright Enterprises v. Raimondo 

On June 28, the Supreme Court issued a 6-2 ruling. Read more on NCUIH’s blog.

  • The bottom line: The Court held that the Administrative Procedure Act requires courts to exercise their independent judgment in deciding whether an agency has acted within its statutory authority, and courts may not defer to an agency interpretation of the law simply because a statute is ambiguous. Chevron v. Natural Resources Defense Council is overruled.
  • Relation to UIOs: Now that agency interpretation is not required deference by courts, it could change how federal agencies operate. The decision puts federal executive agency regulations and policy determinations at risk of legal challenge.
  • What they are saying: On July 11, Senate Republicans sent a letter to HHS Secretary Becerra, requesting information on how he expects to account for the Loper decision, and how he has prepared for it.

Corner Post, Inc. v. Board of Governors of the Federal Reserve System

On July 1, the Supreme Court issued a 6-3 ruling.

  • The bottom line: An Administrative Procedures Act claim does not accrue for purposes of 28 U.S.C. § 2401(a) — the default 6-year statute of limitations applicable to suits against the United States — until the plaintiff is injured by final agency action.
  • Relation to UIOs: No direct relation but now allows for challenges to agency action to be brought based on when a party is injured by the action, rather than when the final agency action occurred. This ruling, along with Loper Bright, increases the chance of legal challenge to federal agency regulation or policies and could create a backlog in the courts of challenges to agency action.

 Grants Pass v. Johnson  

On June 28, the Supreme Court issued a 6-3 ruling.

  • The bottom line: The enforcement of generally applicable laws regulating camping on public property does not constitute “cruel and unusual punishment” prohibited by the Eighth Amendment.”
  • Relation to UIOs: There is a high population of urban American Indian and Alaska Native people that are homeless. The decision could result in arrests or fines for many of them if similar laws are passed in other cities or states.

United States v. Rahimi 

On June 21, the Supreme Court issued an 8-1 ruling.

  • The bottom line: When an individual has been found by a court to pose a credible threat to the physical safety of another, that individual may be temporarily disarmed consistent with the Second Amendment.”
  • Relation to UIOs: Related to domestic violence and MMIP, the ruling ensures that domestic violence restraining orders that restrict firearm possession are enforceable.

Advocacy Highlights: Support for Vaccine Access, Audio-Only Telehealth Services, and 100% FMAP for UIOs

NCUIH

NCUIH has endorsed Senator Brian Schatz’s (D-HI) bill, Protecting Communities Through Vaccination Act, which would create a much-needed safety net by establishing a complementary vaccine program to Vaccines for Children to provide a mechanism for uninsured adults to have access to recommended vaccines and protection from a range of vaccine-preventable-conditions.

  • Why it matters: It would create a mechanism for UIOs and Native Hawaiian Healthcare Organizations to directly request vaccines from States.

NCUIH has endorsed Rep. Teresa Leger Fernandez’s (D-NM-3) IHS Audio-Only Telehealth Bill, which would allow for audio-only telehealth for IHS tribal health programs and tribally operated facilities to support beneficiaries in areas with low broadband access and for individuals without camera technology.

  • Why it matters: IHS and tribally operated facilities, and UIOs would benefit from continued reimbursement from Medicare for audio-only telehealth services as program budgets heavily depend upon third party reimbursements.

Recent update on FMAP: NCUIH is working to secure additional Republican Cosponsors to the bipartisan Urban Indian Health Parity Act bill.

NCUIH Advocates for Noncompetitive Behavioral Health Funding and Support for Whole Family Treatment and Youth in Recommendations to IHS

Illustration of paper cut-out families under outlined houses

On July 22, NCUIH submitted comments to IHS regarding the Division of Behavioral Health (DBH) Funding Initiatives.  

Background: IHS held an urban confer on June 20, 2024.

  • In FY 2024, the IHS administered more than $59 million in funding for behavioral health initiatives.

Did You Know?: DBH is evaluating Agency-wide processes for distributing appropriated funding for 7 behavioral health initiatives: Substance Abuse Prevention, Treatment and Aftercare (SASP); Suicide Prevention, Intervention and Postvention (SPIP); Domestic Violence Prevention; Forensic Healthcare Services; Behavioral Health Integration Initiative (BH2I); Zero Suicide Initiative (ZSI); and Youth Regional Treatment Centers Aftercare (YRTC).

Go deeper: NCUIH recommended that IHS ensure noncompetitive program awards across the IHS/Tribal/UIO system, support whole family treatment, support youth residential treatment centers at UIOs, ensure funding reform for these programs does not create additional reporting requirements, and continue to engage with UIOs.

Upcoming Federal Comment Opportunities: Key Dates for Federal Funding Reform and Health Outbreak Responses

Illustration of Congress with empty speech bubbles

August 9 – White House Domestic Policy Council, the White House Office of Management and Budget, and the White House Council on Native American Affairs (WHCNAA) Tribal Consultation on Executive Order 14112 on Reforming Federal Funding and Support for Tribal Nations to Better Embrace Our Trust Responsibilities and Promote the Next Era of Tribal Self-Determination.

  • WHCNAA hosted a Tribal Consultation on July 8, 2024
  • What’s next: Deadline for written comments is August 9, 2024, and can be submitted via email to  whcnaa@bia.gov

September 5– HHS Office of the Assistant Secretary for Health (OASH) on Syphilis and Congenital Syphilis Outbreak

  • OASH will hold Tribal Consultation on August 5, 2024, from 1pm-2:30pm ET to discuss the syphilis and congenital syphilis outbreak impacting Indian country. Register here.
  • What’s next: Deadline for written comments is September 5, 2024, and can be submitted to STI@hhs.gov, using the following subject line: “Tribal Consultation.”

October 1 – United States Department of Agriculture (USDA) Dietary Guidelines for America

  • USDA is seeking public comment as the 2025 Dietary Guidelines Advisory Committee conducts its scientific review process. Learn more here.
  • What’s next: Written comments are due October 1, 2024, and can be submitted online (preferred method) at the Federal eRulemaking Portal, or by mail to Janet M. de Jesus, MS, RD, HHS/OASH Office of Disease Prevention and Health Promotion (ODPHP), 1101 Wootton Parkway, Suite 420, Rockville, MD 20852. All submissions received must include the agency name and Docket OASH-2022-0021.

NCUIH Releases Comprehensive Report on Traditional Foods at Urban Indian Organizations

food report

NCUIH’s report “Thematic Analysis of Traditional Food Programs at Urban Indian Organizations and Research on Traditional Healing” includes interviews that NCUIH conducted with 7 UIOs about their Traditional Food programs and their ability or inability to bill Medicaid. UIOs expressed the need for additional support and funding to sustain their Traditional Food programming.

Upcoming Events

Calendar with events on it

August 7-8: 28th Bi-annual Centers for Disease Control and Prevention (CDC)/Agency for Toxic Substances and Disease Registry (ATSDR) Tribal Advisory Committee Meeting. Register here.

August 8: IHS Tribal Consultation and Urban Confer: HIT Modernization Multi-Tenant Domain Considerations. Register here.

August 13-15: 2024 IHS Partnership Conference and Direct Service Tribes (DST) National Meeting in Phoenix, Arizona. Register here.

August 14-15: Region 4 – HHS Annual Regional Tribal Consultation.

August 15: IHS Office of Urban Indian Health Programs (OUIHP)-Urban Program Executive Directors/Chief Executive Officers Monthly Conference Call.

August 14-16: Special Diabetes Program for Indians (SDPI) 2024 Grantee Conference in Albuquerque, New Mexico. Register here.

August 16: IHS Health IT Modernization Tribal Summit in Phoenix, Arizona. Register here.

August 20-22: Region 6 – HHS Annual Regional Tribal Consultation.

Look out for NCUIH’s 2024 Focus Groups – Setting Policy Priorities for 2025:

UIO 2024

September 3

  • 1:00-2:30 p.m. EST – Full Ambulatory
  • 3:00-4:30 p.m. EST – Outpatient and Residential

September 4

  • 1:00-2:30 p.m. EST – Limited Ambulatory
  • 3:00-4:30 p.m. EST – Outreach and Referral

September 5

  • 1:00-2:30 p.m. EST – Makeup Session

ICYMI: Federal Letters to Tribal and Urban Leaders

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Recent Dear Tribal Leader Letters (DTLLs) and Dear Urban Leader Letters (DULLs):

June 27 – USDA invites Tribes to participate in a Tribal Consultation and listening session regarding Supplemental Nutrition Program for Women, Infants, and Children (WIC)

  • Tribal consultation and listening session to be held July 29, 2024, 2-4 PM Eastern.

July 1 – Department of Interior (DOI) writes to invite Tribes to a series of in-person and virtual Tribal Consultations regarding proposed rule

  • The proposed rule amends regulations governing implementation of subchapter IV of the Indian Self-Determination and Education Assistance Act (ISDEAA) and the Department’s Tribal Self-Gov program.

July 1 -Social Security Administration (SSA) Director writes to share an opportunity to provide feedback on SSA’s Equity Action Plan

  • Next sessions will be Thursday, July 25, 2024, and Thursday, August 15, 2024. Register here by the Monday before your chosen session.

July 1- IHS requests assistance identifying priority health professions for education assistance programs

  • IHS Division of Health Professions requests assistance in identifying priority health professions for inclusion into categories eligible for the IHS Scholarship Program (SP) in academic year 2025-2026 and the IHS Loan Repayment Program (LRP) in FY2025. Please email your priorities in spreadsheet form by August 1, 2024, to Mr. Jeremy Sheehan at jeremy.sheehan@ihs.gov.

July 29 – IHS invites Tribal leaders and UIO leaders to attend IHS’ Tribal Summit on Health Information Technology Modernization

  • On July 29, 2024, IHS published a DTLL/DULL inviting Tribal leaders and UIO leaders to attend IHS’ Tribal Summit on Health Information Technology Modernization (Summit). The Summit will take place in person on Friday, August 16, 2024, from 8:30 AM to 12 PM Mountain Standard Time and held in conjunction with the 2024 IHS Partnership Conference. The purpose of the Summit is for Tribal leaders and UIO leaders to participate in face-to-face discussions with IHS leadership regarding the Health Information Technology Modernization Program. The IHS will also share updates with attendees on the Information Technology implementation planning process and enterprise build process. Space will be made available at the Summit for Tribal Leaders and UIO Leaders to caucus. To register, click here.
Check out this Announcement: Implementation of the Revised VA-UIO RAP Template

VA

On July 11, 2024, the VA announced implementation of the revised VA-UIO Reimbursement Agreement Program (RAP) template.

  • VA hosted an Urban Confer concerning revising the VA-UIO RAP template during NCUIH’s conference. NCUIH submitted comments in response to this Urban Confer on May 15, 2024.
  • The agreement continues to explicitly include reimbursement for Durable Medical Equipment (DME), prosthetics/orthotics and supplies, and home health services. Reimbursement for residential treatment continues to not be explicitly excluded.
  • Changes in the final RAP template compared to the draft: includes dental services under “Reimbursement Rates for Direct Care Services”; new subsection under “Claim Submission and Payment.”

One last thing, check out these upcoming funding opportunities: 

Substance Abuse and Mental Health Services Administration (SAMHSA) Women’s Behavioral Health Technical Assistance Center:

  • Application Deadline Date: August 20, 2024 (Apply)

NCUIH Calls for Improved Data Accuracy, Partnerships with Other Agencies, and Urban Indian Health Inclusion in IHS Strategic Plan

On June 28, 2024, the National Council of Urban Indian Health (NCUIH) submitted written comments to the Indian Health Service (IHS) Director, Roselyn Tso, in response to IHS’ May 2, 2024, Dear Urban Indian Organization (UIO) Leader Letter (DULL) and May 30, 2024, Urban Confer regarding IHS’ Draft Strategic Plan for Fiscal Years 2024-2028 (Draft Strategic Plan). In its comments, NCUIH requested that IHS include improved data accuracy and partnerships with other key agencies and stakeholders including the Office of Management and Budget in the agency’s Draft Strategic Plan.

Background on IHS Strategic Plan

The Draft Strategic Plan will establish IHS’ direction for the next five years. It is developed based on feedback received from Headquarters Offices and the Strategic Plan Workgroup and builds on the work of Headquarters Offices to determine appropriate measures. IHS is also incorporating input and feedback from other stakeholders including UIOs. The Draft Strategic Plan includes three Strategic Goals which consist of their own Strategic Objectives, Performance Goals, and Measures.

NCUIH’s Requests

In its comments in response to the May 2, 2024, DULL and May 30, 2024, Urban Confer, NCUIH requested that IHS:

Senator Casey Introduces NCUIH-Backed Legislation to Improve Community Health Worker Coverage

On March 07, 2024, Senator Bob Casey (D-PA) introduced the NCUIH-endorsed Community Health Workers Access Act (S. 3892) which would improve local health workers’ ability to bridge gaps in health outcomes by improving Medicare coverage for their services, including personalized support for illness prevention and recovery. This bill would have a direct impact on Urban Indian Organizations (UIOs) by allowing them to bill Medicare and Medicaid for services provided by community health workers. It would also designate UIOs, community-based organization, nonprofit organizations, community health worker networks, federally qualified health centers, rural health clinics, local or State public health departments, academic institutions, health care providers, and any other organizations deemed appropriate by the Secretary as community health agencies, allowing them to bill Medicare for community health services.

Additionally, the bill encourages states to cover services provided by community health workers under their Medicaid programs. In fact, the bill would incentivize states to include community health workers under Medicaid by providing an enhanced Federal Medical Assistance Percentage (FMAP), to cover preventive services and services to address social needs furnished by community health workers.

This bill is endorsed by over 200 community health centers, Families USA, the American Cancer Society Cancer Action Network, and National Association for Community Health Workers.

NCUIH Advocacy on the Bill

NCUIH provided edits to the Senate Health, Education, Labor, and Pensions Committee, ensuring that UIOs were included in the definition of a community health agency. Last year, NCUIH also joined over 200 organizations in signing on to a letter sent to members of Congress encouraging support for this legislation.

Next Steps

The bill was referred to the Senate Committee on Finance. It currently awaits consideration.

Resources

Supreme Court Overturning of Chevron Doctrine May Have Major Impacts on Executive Agency Actions, Including IHS Actions

On June 28, 2024, the Supreme Court ruled 6-2 in Loper Bright Enterprises v. Raimondo, overturning Chevron v. Natural Resources Defense Council. The court held that when the Administrative Procedure Act (APA) requires courts to exercise independent judgment when deciding whether an agency has acted within its statutory authority, and courts may not defer to agency interpretation of a law based solely on the statute being ambiguous. In making this ruling, the court has overturned Chevron deference, a precedent which has been followed by courts for 40 years.

Chief Justice Roberts delivered the majority opinion, finding that Chevron goes against the APA in its presumption that ambiguities in statutes create implicit delegation to agencies. Additionally, the opinion states that agencies are not more equipped or competent to resolve statutory ambiguities, which should be left for the courts to resolve. The opinion adds that agency interpretation can assist courts in their decision making, but it is not binding as Congress has not provided agencies with authority to be the final decision-maker on resolving statutory ambiguity. The opinion concludes by stating that Chevron has been unworkable since its creation, in that there is no clear definition of “ambiguity” and that the court has often had to provide clarity on its application.

Justice Kagan, in her dissent, references the original Chevron decision which found that “Judges are not experts in the field, and are not part of either political branch of the Government.” Explaining that the decision made 40 years ago was about respecting allocation of responsibility, which for regulatory matters was to agencies and not the courts. She raises concern over the power now given to courts, not provided by Congress or within any statute, and the dangers of allowing courts to be the sole decision-maker on important issues such as climate change or health care. She concludes by noting this decision is not a “one-off” as it is another example of the court rolling back agency authority, “despite congressional direction to the contrary.”

What is Chevron Deference?

The term was coined after the Supreme Court’s 1984 decision in Chevron v. Natural Resources Defense Council and is the legal precedent established by the Court to give judicial deference to administrative action. This rule was to be followed when Congress was unclear in statutory language, and provided that courts would defer to how the agency would interpret the statute, based on agencies having necessary expertise. In applying Chevron deference there are two steps:

  • First, asking if Congress has directly spoken to the question at issue?
  • If the answer is no, the court defers to agency interpretation if that interpretation is permissible or reasonable.

Over time, the Supreme Court narrowed the scope of Chevron deference, finding that only agency interpretations reached through formal proceedings can qualify for Chevron deference. These formal proceedings included adjudications and notice-and-comment rulemaking.

Impact of Chevron Being Overturned

Moving forward, when regulations are challenged in courts, there will be no requirement that agency expertise or interpretation is accepted. Instead, the court itself will interpret issues where a statute is ambiguous or silent. Although Chevron deference has not been applied by the Supreme Court since 2016, it is more often used by lower courts, especially at the Circuit level. Due to this ruling, lower courts may be backlogged with cases challenging administrative actions. To avoid cases being brought, Congress will now have to be more specific in their legislation and may engage more with agencies in the rulemaking process to provide explicit agency authority. This decision also requires Congress and judges to act as experts on specific issues such as technological advancements in AI or environmental concerns with climate change. It can mean that decisions may drastically differ from how an agency would have interpreted it, or time may be extended to allow for adequate knowledge to be incorporated when making decisions on lawsuits or legislation.

Allowing courts to have this power also means that if lawsuits are filed in more than one jurisdiction, there may be contradictory rulings. As a result, there may be confusion about which ruling is correct and cause different applications of rules across the country since decisions in one circuit court are not binding on other circuits. These conflicting rulings could then be resolved by the Supreme Court, taking time away from their caseload and impeding their ability to hear cases involving disputes unrelated to agency action. This process would extend the time for an agency rule to be implemented, not only because it requires waiting on a court’s opinion, but because it could result in an agency having to rewrite the rule to conform with the court’s interpretation.

As far as impacts to Health Policy, KFF has made note of potential impacts in their Issue Brief. Specific areas that are affected by regulations and therefore this ruling are: Medicaid and Medicare payment rates, drug price negotiations, pandemic response, pharmaceutical regulation, and coverage of mental health services.

It is not clear how these impacts extend to Indian Country as well as within the IHS/Tribal Organization/Urban Indian Organization (I/T/U) system. Currently, I/T/U facilities utilize ongoing communications with agencies to improve regulations and address pressing issues in American Indian and Alaska Native (AI/AN) communities. This includes Tribal Consultation and Urban Confer, as well as the ability to provide written comments on proposed agency rules. By the court not allowing agency interpretation to not have as much weight in legal challenges, it could change how agencies like CMS interact with I/T/U facilities. A concern is that agencies may not continue to prioritize Tribal Consultation and Urban Confer, and those processes may not hold as much weight in the rulemaking process. Instead, agencies may prioritize working with Congress to avoid legal challenges by ensuring proposed regulations are within the scope of federal statute. Another concern is that current regulations may be challenged in court, resulting in rollback of significant policy changes.

Related Administrative Law Decision

On July 1, 2024, the Supreme Court issued their ruling in Corner Post Inc. v. Board of Governors of the Federal Reserve System. The court ruled 6-3 and found that “an Administrative Procedures Act claim does not accrue for purposes of 28 U.S.C. § 2401(a) — the default 6-year statute of limitations applicable to suits against the United States — until the plaintiff is injured by final agency action.” This ruling extends the statute of limitations by allowing for suits to be brought within six years of when the plaintiff has been injured, regardless of when the agency rule was promulgated. This decision, in conjunction with overturning Chevron deference, will allow for more APA challenges to be brought that can overturn regulations that have existed and guided agency action for decades.

House Committee Advances Health Spending Bill with Increases for Indian Country Programs

On July 10, 2024, the House Appropriations Full Committee passed the Fiscal Year (FY) 2025 appropriations bill for Labor, Health, and Human Services (LHHS), which was previously approved by the House LHHS subcommittee on June 27, 2024. The bill appropriates $107 billion for Health and Human Services (HHS), which is $8.5 billion below the FY24 levels and $14 billion below the President’s request. Despite the sizeable cut to the LHHS spending bill and reducing funding for nearly every account to below FY24 enacted levels, Indian Country priorities received increases. The cuts to the LHHS budget are partly due to the Appropriations Leadership reallocating funds from the LHHS bill to the Interior-Environment bill to meet the mandated increases as result of the recent Supreme Court decision on contract support costs (CSCs).

Next Steps

The bill will now be sent to the House floor for a vote. A vote is expected to be scheduled in the next two weeks. In addition, the Senate is working on their own Labor, Health and Human Services spending bill. NCUIH will continue to advocate to protect funding for Indian Country and maintain funding levels passed by the House of Representatives.

Funding Increases for Programs to Improve Cancer Outcomes, Health & Wellness, Behavioral Health, Substance Use, and Workforce in Indian Country

Key provisions of the bill include:

  • $15 million for the Improving Native American Cancer Outcomes program, an increase of $9 million from FY24
  • $30 million for the Good Health and Wellness in Indian Country program, a $6 million increase from FY24
  • $27.75 million for Tribal Behavioral Health Grants (Native Connections), a $5 million increase from FY24
  • $16.5 million for grants for Tribes and Tribal Organizations for Medication-Assisted Treatment for Prescription Drug and Opioid Addiction
  • Increases the Tribal set aside for Indian Health Service facilities, Tribally operated health programs, and Urban Indian Health Programs for the National Health Service Corps loan repayment program to 15%.

Funding Cuts for HIV/AIDS Programs

Unfortunately, the bill also includes severe cuts to HIV/AIDS funding. During the Full Appropriations Committee markup, Representative Barbara Lee (D-CA-12) stated “The bill would slash HIV/AIDS prevention research program by a shocking 21% and limit the amount of research the office of AIDS research is able to carry out. Eliminates the Ending the HIV Epidemic initiative, zeros out funding for the Ryan White project of national significance grants. Reduce minority AIDS funding at HHS and eliminate minority AIDS funding at SAMHSA.” While the bill reduces the Minority HIV/AIDS fund by $15 million to $45 million, it increases the Tribal set-aside by $1 million, bringing the total to $6 million. Many UIOs receive funding through these programs and would be greatly impacted by any loss in funding, and thus affecting health equity for urban Natives. NCUIH will continue to advocate for additional HIV/AIDS funding as the appropriations process continues.

Self-Governance at HHS

The Committee also directed the Department of Health and Human Services to extend self-governance to all programs at HHS that are critical to Tribes. The bill report states “For over forty years, Indian Tribes have proven that utilizing self-governance through the Indian Self-Determination and Education Assistance Act in Federal funding is a successful approach for improving program performance. For decades, Indian Tribes have requested the Department to expand this authority beyond the Indian Health Service to other critical HHS programs serving Tribes. Over twenty years, multiple reports and workgroups have produced evidence of the feasibility of the expansion of self-determination and self-governance within the Department. The Committee directs HHS to work with Tribal representatives to provide a plan for the expansion of self-governance at HHS including specific actions the Department can take to advance this process. Such plan is due within 180 days of enactment of this Act. In addition, the Department shall report to the Committee the amount of funding that is going to Indian Tribes for the 4 largest block grants administered by HHS within 90 days of enactment of this Act.”

NCUIH Advocacy to Increase Funding for Indian Country Programs

NCUIH worked closely with Appropriators to advocate for increased funding for Indian Country. In written testimony, NCUIH advocated for $10 million for the Improving Native American Cancer Outcomes program, $30 million for the Good Health and Wellness in Indian Country program, and to protect funding for HIV/AIDS treatment and prevention. The Committee showed significant support for Indian Country through this appropriations process.

Bill Highlights:

Line Item FY 2024 Enacted FY 2025 President’s Budget Request FY 2025 Committee  Passed
Health Resources and Services Administration $8.9 billion $8.26 billion $7.64 billion
Substance Abuse and Mental Health Services Administration $7.4 billion $8.13 billion $7.54 billion
National Institute of Health $48.6 billion $50.77 billion $48.58 billion
Centers for Disease Control   $9.2 billion $11.64 billion $7.45 billion
Good Health and Wellness in Indian Country $24 million —————– $30 million
Improving Native American Cancer Outcomes $6 million —————– $15 million
Ryan White HIV/AIDS Program $2.57 billion $2.58 billion $2.38 billion
Ending the HIV Epidemic $165 million $175 million $0
Minority HIV/AIDS Fund $60 million $60 million $45 million
Minority HIV/AIDS Fund – Tribal Set Aside $5 million ———— $6 million
Tribal Behavioral Health Grants (Native Connections) $23.65 million $23.65 million $27.75 million

Health Resources and Services Administration

Health Resources and Services Administration: $7.64 billion
  • Bill report pg. 30: The Committee recommendation for HRSA includes $7,373,110,000 in discretionary budget authority and $266,727,000 in mandatory funding.
Ryan White HIV/AIDS Program: $2.38 billion
  • Bill report pg. 48: The Ryan White Human Immunodeficiency Virus/Acquired Immunodeficiency Syndrome (HIV/AIDS) program funds activities to address the care and treatment of persons living with HIV/AIDS who need assistance to obtain treatment. The program provides grants to States and eligible metropolitan areas to improve the quality, availability, and coordination of health care and support services to include access to HIV-related medications; grants to service providers for early intervention outpatient services; grants to organizations to provide care to HIV infected women, infants, children, and youth; and grants to organizations to support the education and training of health care providers.
Federal Office of Rural Health Policy: $400.9 million
  • Bill report pg. 50: The Federal Office of Rural Health Policy’s (FORHP) programs provide funding to improve access, quality, and coordination of care in rural communities; for research on rural health issues; for technical assistance and recruitment of health care providers; for screening activities for individuals affected by the mining, transport, and processing of uranium; and for the outreach and treatment of coal miners and others with occupation-related respiratory and pulmonary impairments.
Native Hawaiian Health Care Program: $27 million
  • Bill report pg. 32: The Committee continues $27,000,000 for the Native Hawaiian Health Care Program. Of the total amount appropriated for the Native Hawaiian Health Care Program, not less than $10,000,000 shall be provided to Papa Ola Lokahi for administrative purposes authorized under 42 U.S.C. 11706, including expanded research and surveillance related to the health status of Native Hawaiians and strengthening the capacity of the Native Hawaiian Health Care Systems.
National Health Service Corps: $130 million
  • Bill report pg: 36 The Committee includes $130,000,000, which is $1,400,000 above the fiscal year 2024 enacted level and $4,400,000 above the fiscal year 2025 budget request, for the National Health Service Corps (NHSC) to support competitive awards to health care providers dedicated to working in underserved communities in urban, rural, and Tribal areas.
    • Tribal Set Aside.—The Committee also includes a set aside of 15 percent within the discretionary total provided for NHSC to support awards to participating individuals that provide health services in Indian Health Service facilities, Tribally-operated health programs, and Urban Indian Health programs.
National Center of Excellence for Eating Disorders: $5 million
  • Bill report pg. 133: The Committee provides $5,000,000 to improve the availability of health care providers to respond to the needs of individuals with eating disorders including the work of the National Center of Excellence for Eating Disorders to increase engagement with primary care providers, including pediatricians, to provide specialized advice and consultation related to the treatment of eating disorders. The Committee provides additional funding to support the development, in coordination with the departments of Defense and Veterans Affairs, of a Screening, Brief Intervention and Referral to Treatment model for service members, veterans, and their families.

Centers for Disease Control and Prevention

Good Health and Wellness in Indian Country: $30 million
  • $30 million for Good Health and Wellness in Indian Country for FY 2025. The recommendation is $15 million above FY24 enacted levels.

Office of the Secretary – General Departmental Management 

Minority HIV/AIDS Fund: $45 million – Tribal Set Aside: $6 million
  • Bill report pg. 196: The Committee includes $45,000,000 for the Minority HIV/AIDS Fund (MHAF), which is $15,000,000 below the fiscal year 2024 enacted level and the fiscal year 2025 budget request.
    • Bill report pg: 196: Tribal Set Aside.—The Committee notes that according to the CDC, HIV-positive status among Native Americans is increasing and nearly one-in-five HIV-positive Native Americans is unaware of their status. In addition, only three-in-five receive care and less than half are virally suppressed. To increase access to HIV/AIDS testing, prevention, and treatment, the Committee increases the Tribal set aside within the MHAF to $6,000,000, which is $1,000,000 above the fiscal year 2024 enacted level.

Substance Abuse and Mental Health Services Administration

Substance Abuse and Mental Health Services Administration: $7.54 billion
  • Bill report pg: 124: The Committee recommendation for the Substance Abuse and Mental Health Services Administration (SAMHSA) program level includes $7,398,400,000 in discretionary budget authority, $131,667,000 in PHS Evaluation Tap Funding, and $12,000,000 in transfers from the Prevention and Public Health Fund (PPHF).
Substance Abuse Prevention Services: $203.17 million
  • No report language.
Mental Health Services Block Grant: $1.02 billion
  • Bill report pg. 127: The Committee provides $1,022,571,000 for the Mental Health Services Block Grant (MHBG) which is $15,000,000 above the fiscal year 2024 enacted program level and $20,000,000 below the fiscal year 2025 budget request. The MHBG provides funds to States to support mental illness prevention, treatment, and rehabilitation services. Funds are allocated according to a statutory formula among the States that have submitted approved annual plans. The Committee continues the 10 percent set aside within the MHBG for evidence-based programs that address the needs of individuals with early serious mental illness, including psychotic disorders and the 5 percent set aside for crises-based services. The Committee notes that, consistent with State plans, communities may choose to direct additional funding to crises stabilization programs.
988 Suicide & Crisis Lifeline: $519.62 million
  • Bill report pg. 128: The Committee provides $519,618,000 for the 988 Suicide & Crisis Lifeline, which is the same as the fiscal year 2024 enacted program level, to support the national suicide hotline to continue to support State and local suicide prevention call centers as well as a national network of backup call centers and the national coordination of such centers.
Substance Use Prevention, Treatment, and Recovery Services Block Grant: $2.51 billion
  • Bill report pg. 134: The Committee includes $2,508,079,000, which is a $500,000,000 increase to the fiscal year 2024 enacted program level, for the Substance Use Prevention, Treatment, and Recovery Services (SUPTRS) Block Grant. The SUPTRS Block Grant is a critical component of each State’s publicly funded substance use disorder system designed to address all substance use disorders—including those related to alcohol. SUPTRS Block Grant funds may support initiatives related to alcohol in settings such as emergency rooms and primary care offices. In addition, States utilize SUPTRS Block Grant funds to support alcohol use disorder treatment services in outpatient, intensive outpatient, and residential programs. Further, the Committee is also aware that SUPTRS Block Grant funds may be allocated to support medications for the treatment of alcohol use disorders, an important tool that should be available to those in need. The Committee also understands SUPTRS Block Grant funds are utilized by States to support recovery community organizations to provide recovery support for those with alcohol use disorders.
State Opioid Response Grants: $1.575 billion
  • Bill report pg. 135: The Committee includes $1,575,000,000, which is the same as the fiscal year 2024 enacted program level, for State Opioid Response (SOR) grants. The Committee supports efforts from SAMHSA through SOR grants to expand access to SUD treatments in rural and underserved communities, including through funding and technical assistance.
    • Tribal Set Aside – 4%: Within the amount provided, the Committee includes a set aside for Indian Tribes and Tribal organizations of 4 percent.
Tribal Behavioral Grants (Native Connections): $27.75 million
  • Bill report pg. 132: The Committee provides $27,750,000, a $5,000,000 increase from the fiscal year 2024 enacted program level, to prevent and reduce suicidal behavior and substance use, reduce the impact of trauma, and promote mental health among AI/AN youth, through age 24.
Zero Suicide: $27.2 million
  • The Committee allocated $27,200,000 to Zero Suicide program, a $1 million include over FY24 enacted levels.
    • American Indian and Alaska Native Set Aside – The Committee allocated $4,400,000 to the American Indian and Alaska Native Set Aside, a $1 million increase over FY24 enacted levels.

National Institute on Minority Health and Health Disparities

Improving Native American Cancer Outcomes: $15 million
  • Bill report pg. 107: The Committee continues to be concerned that Native Americans experience overall cancer incidence and mortality rates that are strikingly higher than non-Native populations. The Committee includes $15,000,000, which is an increase of $9,000,000 above the fiscal year 2024 enacted level, to continue an initiative for Improving Native American Cancer Outcomes to support efforts including research, education, outreach, and clinical access related to cancer in Native American populations. The Committee further directs NIMHD to work with NCI to locate this initiative at an NCI-designated cancer center demonstrating partnerships with Indian Tribes and Tribal organizations to improve the screening, diagnosis, and treatment of cancers among Native Americans, particularly those living in rural communities.
Native Hawaiian/Pacific Islander Health Research Office: $5 million
  • Bill report pg. 108: —The Committee provides $5,000,000, which is an increase of $1,000,000 above the fiscal year 2024 enacted level, for the Native Hawaiian/ Pacific Islander Health Research Office (NHPIHRO) with a focus on both addressing Native Hawaiian and Pacific Islander (NHPI) health disparities, as well as supporting the pathway and research of NHPI investigators. The Committee encourages NHPIHRO to develop partnerships with academic institutions with a proven track record of working closely with NHPI communities and NHPI serving organizations located in states with significant NHPI populations to support the development of future researchers from these same communities.

Important Behavioral and Mental Health Provisions

Medication-Assisted Treatment for Prescription Drug and Opioid Addiction Tribal Set Aside: $16.5 million
  • $16.5 million for grants for Tribes and Tribal Organizations for Medication-Assisted Treatment for Prescription Drug and Opioid Addiction
Peer-Support Services: $15 million
  • Bill report pg. 39: The Committee supports community based experiential training for students preparing to become peer support specialists and other types of behavioral health-related paraprofessionals. The Committee includes a $1,000,000 increase for this activity.
Infant and Early Childhood Mental Health Program: $15 million
  • Bill report pg. 130: The Committee provides $15,000,000, which is the same as the fiscal year 2024 enacted program level, for the Infant and Early Childhood Mental Health program, for grants to human service agencies and nonprofit organizations to provide age-appropriate mental health promotion and early intervention or treatment for children with or with significant risk of developing mental illness including through direct services, assessments, and trainings for clinicians and education providers.

Following Supreme Court Ruling, Support to Transition Contract Support Costs to Mandatory Appropriations Grows

On June 21, 2024, the National Council of Urban Indian Health (NCUIH), in partnership with the National Indian Health Board, National Congress of American Indians, and 25 other organizations, sent a letter urging Congressional Appropriations leaders to transition Contract Support Cost and 105(l) leases to mandatory appropriations. For over a decade, there has been significant pressure on Appropriators to transition Contract Support Costs to mandatory funding. In fact, in Fiscal Year (FY) 2014, the House and Senate Committees on Appropriations published a bipartisan, bicameral statement recognizing the mandatory nature and rapid growth of legally obligated Contract Support Costs (CSC) and expressing concern about the potential impact on the Interior bill. Since FY22, and included in FY25, the President’s budget has made a proposal to reclassify CSC and 105(l) payments as mandatory.

Federal and Congressional Support for Shifting CSCs and 105 (L) Leases to Mandatory Funding

Public statements by Department of Health and Human Services Secretary Becerra and Indian Health Service Director Tso urged “Congress to act on the FY 2025 President’s Budget proposal to shift the IHS budget from discretionary to mandatory funding starting in FY 2026 to protect the overall appropriation for the Indian Health Service and create more adequate and stable funding into the future”

Following the June 6, 2024, Supreme Court’s opinion in favor of Tribes in the Becerra v. San Carlos Apache case, several House Appropriators called for shifting Contract Support Costs and Section 105(l) Tribal Lease Payments as mandatory appropriations. House Appropriations Chair Tom Cole stated that additional Indian Health Service spending will be needed after the Supreme Court decision. He also emphasized that the shift to mandatory appropriations, while it might take time, will be essential to continue funding the Indian Health Service and Urban Indian Health.

For more information on the Supreme Court ruling, check out NCUIH’s policy update and FAQ.

Full Text of the Letter:

Re: Support for the President’s FY25 Proposal for Mandatory CSC and 105(l) Funding

Dear Chair Murray, Chair Cole, Vice Chair Collins, and Ranking Member DeLauro:

On behalf of the undersigned Tribal partner organizations and our members, we strongly support the proposal to reclassify Contract Support Costs and Section 105(l) Tribal Lease Payments as mandatory appropriations. We respectfully urge you to include the proposal in the FY25 Interior and Environment Appropriations bill (hereinafter “Interior bill”). The President’s budget request has consistently recommended this change since FY 2022.

Ten years ago, for FY14, the House and Senate Committees on Appropriations (hereinafter “Committees”) published a bipartisan, bicameral statement recognizing the mandatory nature and rapid growth of legally obligated Contract Support Costs (CSC) and expressing concern about the potential impact on the Interior bill. They stated:

“[T]he House and Senate Committees on Appropriations are in the untenable position of appropriating discretionary funds for the payment of any legally obligated contract support costs. Typically obligations of this nature are addressed through mandatory spending, but in this case since they fall under discretionary spending, they have the potential to impact all other programs funded under the Interior and Environment Appropriations bill, including other equally important tribal programs.”

Six years later, for FY20, the Committees published a similar statement regarding payments related to Tribal Lease Payments required by Section 105(l) of the Indian Self-Determination and Education Assistance Act (hereinafter “105(l) payments”.) The Committees expressed concern that 105(l) payments “are negatively impacting the ability to use discretionary appropriations to support core tribal programs, including health, education and construction programs, or provide essential fixed cost requirements.” The Committees called on the Department of the Interior and the Department of Health and Human Services (HHS) to “formulate long-term accounting, budget, and legislative strategies to address the situation, including discussions about whether, in light of the Maniilaq decisions, these funds should be re-classified as an appropriated entitlement.” Since FY22, the Departments of the Interior and HHS have requested that CSC and 105(l) payments be appropriated as mandatory, but Congress has not yet acted on this common-sense proposal.

 After the Committees highlighted the problem in FY20, the Interior bill has continued to struggle to simultaneously address historically underfunded Tribal programs while keeping up with the growth of CSC and 105(l) payments. In FY24, appropriations for CSC and 105(l) payments increased by $168 million (12%). However, these increases were offset by cuts to other Tribal programs in the Indian Health Service (IHS) and the Bureaus of Indian Affairs and Education. In all, the agencies received a combined $23 million topline cut and were denied the $421 million requested for fixed costs, inflation, and population growth to simply maintain current levels of service. FY25 is shaping up to be an even bigger challenge, with CSC and 105(l) payments estimated to increase by another $268 million (17%).

On June 6, 2024, the U.S. Supreme Court ruled that the IHS must pay contract support costs on revenue collected from 3rd party payers like Medicare, Medicaid, and private insurance. This will undoubtedly have major budget implications for the IHS CSC budget on top of the annual increases impacting the budget. The government argued that this decision could cost up to $2 billion annually, which would more than double the current CSC obligation. With the Fiscal Responsibility Act in place, domestic discretionary spending will increase by just 1%. This is not nearly enough to absorb these costs without further cuts to other essential services and programs. Now is the time to reclassify these costs appropriately, as mandatory funding.

Simply put, both programs will continue to grow as they continue to be utilized by Tribal nations throughout the United States, and the Interior bill will continue to fail to meet its trust and treaty obligations to Tribes under the budget structure and process currently in place. Reclassifying CSC and 105(l) payments as mandatory would be a positive step and would be consistent with budgeting for most other Federal legal obligations where full and timely payments minimize litigation risk. Moreover, as with other recently reclassified mandatory appropriations in the Interior bill, the Committees could retain oversight of the programs.

The President’s FY25 proposal to reclassify CSC and 105(l) payments as mandatory is reasonable, fair, and a direct response to the Committee’s bipartisan, bicameral calls for a long-term solution. Our organizations recognize and appreciate your strong leadership and bipartisan support over the years for Tribal self-determination. For the sake of continuing to improve the federal government’s commitments to meeting its trust and treaty obligations under your leadership, we urge you to include the President’s proposal in the FY25 Interior bill.

Sincerely,

National Indian Health Board
National Congress of American Indians
Self-Governance Communication and Education Tribal Consortium
National Council of Urban Indian Health
Alaska Federation of Natives
Alaska Native Health Board
Albuquerque Area Indian Health Board
Association of American Indian Physicians
Affiliated Tribes of Northwest Indians
United South and Eastern Tribes Sovereignty Protection Fund
Rocky Mountain Tribal Leaders Council
Seattle Indian Health Board
Rocky Mountain Tribal Leaders Council
Northwest Portland Area Indian Health Board
Great Lakes Area Tribal Health Board
Inter-Tribal Association of Arizona
California Rural Indian Health Board
California Tribal Chairmans Association
Coalition of Large Tribes
Southern Plains Tribal Health Board
Great Plains Tribal Leaders Health Board
Midwest Alliance of Sovereign Tribes
American Indian Higher Education Consortium
National American Indian Housing Council
National Indian Education Association
National Indian Child Welfare Association
National Native American Boarding School Healing Coalition
Navajo Nation

House Advances Interior Bill with a 23% Increase for the Indian Health Service and Maintained Advance Appropriations for IHS

The House Appropriations Full Committee passed an Interior bill that includes $8.56 billion for IHS and $99.99 million for Urban Indian Health.

On July 9, 2024, the House Appropriations Full Committee passed the Fiscal Year (FY) 2025 appropriations bill for Interior, Environment, and Related Agencies, which was previously approved by the House Subcommittee on June 28, 2024. The bill authorizes $8.56 billion for the Indian Health Service (IHS)— an increase of $1.6 billion from FY24 and $561.64 million above the President’s request. The bill also provides $99.99 million for Urban Indian health, which is $9.5 million above the FY24 enacted amount and $5 million above the President’s budget request. The Committee report included language that affirmed the trust responsibility for all Native people including those who reside in urban areas.

Other key provisions include: maintaining advance appropriations for IHS for FY26 with an increase to $5.98 billion from $5.19 billion in FY25, $8 million for generators at IHS/Tribal Health Programs/Urban Indian Organizations (UIOs), $7 million, a $4 million increase, for the Produce Prescription Pilot Program for Tribes and UIOs to increase access to produce and other traditional foods, as well as $44.43 million, a $10 million increase, for Tribal Epidemiology Centers (TECs).

NCUIH recently worked closely with Representatives Gallego and Grijalva on leading a Congressional letter signed by 52 House members to the House Committee on Appropriations for FY 2025. The letter has bipartisan support and calls for support for Urban Indian Health based on the TBFWG’s recommendation and to maintain advance appropriations for IHS until such time that authorizers move IHS to mandatory spending. NCUIH also joined the National Indian Health Board, National Congress of American Indians, and 25 other organizations on a letter urging Congressional Appropriations leaders to transition Contract Support Cost and 105(l) leases to mandatory appropriations.

Next Steps

The House is scheduled to vote on the Interior, Environment, and Related Agencies spending bill the week of July 22. The legislation is not expected to become law in its current form. House leadership will need to work with Senate Leadership to negotiate a final bill text for passage in both chambers. The Senate Appropriations Committee is tentatively scheduled to mark up the Senate Interior bill the week of July 22.

FY24 funding is set to end on September 30, 2024. If Congress cannot come to a funding agreement by that deadline, they will need to pass a Continuing Resolution to keep the funding levels at the FY24 level until they can reach an agreement. Should political disagreements lead to a government shutdown, UIOs and parts of IHS will be protected by Advance Appropriations.

Bi-Partisan Support for IHS Funding and Advance Appropriations in Bill Hearing

Throughout the appropriations process, there has been clear bipartisan support for the Indian Health Service:

“I refuse to balance the budget on the backs of tribes. I am proud this bill makes strong investments to further the federal government’s trust and treaty commitments to the Tribes.” – Chairman Mike Simpson (R-ID-2)

“The measure [Interior Bill] before us today impacts vast aspects of American Life. It also advances the federal commitment to honor our trust and treaty responsibilities to American Indian and Alaska Native communities. Essential resources are delivered at the total funding level at $38.4 billion,” said Appropriations Chairman Tom Cole (R-OK-4), “Delivering on our trust and treaty commitments are of critical importance to my home state of Oklahoma and to all people of Indian Country.”

“I want to show my pride and appreciation for the continued nonpartisan trust and treaty responsibility that’s the hallmark of this Interior bill. Chairman Cole I want to thank you for raising interior allocation to allow us to meet the increased responsibilities for contract support costs,” said Rep. Betty McCollum (D-MN-4), and she also acknowledged the inclusion of advance appropriations for IHS, “Chairman Simpson I appreciate you once again prioritizing funding for life, health and safety issues for Indian Country, including advance appropriations for the Indian Health Service for a third year in a row.”

Committee leadership also signified their support of the transition of Contract Support Costs to mandatory funding:

Ranking Member Pingree (D-ME-1) shared, “I want to acknowledge and thank Chairman Cole for adjusting the Interior Allocation to accommodate the $739 million increase required by the result of the Supreme Court decision on contract support costs. These costs will continue to rise, and I hope we can work together to make these funds mandatory.”

Appropriations Ranking Member Rosa De Lauro (D-CT-3), shared her support for funding contract support costs, “It is my hope that we can work together to see the funding needed to address rising contract support costs is made mandatory.”

Bill Highlights

LINE ITEM FY24 ENACTED FY25 TBFWG REQUEST FY25 PRESIDENT’S BUDGET FY25 HOUSE PROPOSED
URBAN INDIAN HEALTH $90,419,000 $965,254,000 $94,990,000 $99,992,000
INDIAN HEALTH SERVICE $6,961,914,000 $53,852,801,000 $8,000,000,000 $8,561,647,000
ADVANCE APPROPRIATIONS $5,190,000,000 ————————- $5,129,458,000 $5,975,150,000
PRODUCE PRESCRIPTION PILOT PROGRAM $3,000,000 ————————- —————————- $7,000,000
TRIBAL EPIDEMIOLOGY CENTERS $34,433,000 $34,433,000 $44,433,000
CONTRACT SUPPORT COSTS $1,051,000,000 Move to Mandatory $ 979,000,000 $2,036,000,000
105 (L) LEASES $149,000,000 $261,000,000 $349,000,000 $400,000,000
ALCOHOL AND SUBSTANCE ABUSE $266,636,000 $4,859,237,000 $291,389,000 $282,380,000
GENERATORS AT I/T/US $3,000,000 ————————- —————————- $8,000,000
MATERNAL HEALTH $2,000,000 ————————- —————————- $3,000,000
DENTAL HEALTH $252,561,000 $3,174,342,000 $276,085,000 $283,080,000
Indian Health Service: $8.56 billion
  • Bill Report, Pg.93: The recommendation includes $5,274,783,000 that is available for obligation in fiscal year 2025 for the Indian Health Services Account, $326,052,000 above the fiscal year 2024 enacted level. This includes $4,684,029,000 provided as a fiscal year 2025 advance and $590,754,000 recommended in this bill and available in this fiscal year. These funds are available for two years unless otherwise specified.
Urban Indian Health: $99.99 million
  • Bill Report, pg. 95: The Committee recognizes the Federal trust responsibility to provide health care services to American Indian and Alaska Native citizens and acknowledges that approximately seventy-one percent live in urban areas. The recommendation includes $99,992,000, $9,573,000 above the fiscal year 2024 enacted level and $5,000,000 above the President’s budget request, for Urban Indian Health programs.
Contract Support Costs – $2.036 billion and Tribal 105(l) leases – $400 million
  • Bill Report, pg. 96: The Committee recommends an indefinite appropriation estimated to be $2,036,000,000 for contract support costs incurred by the agency as required by law. It does not include the Administration’s request for Administrative Costs. The bill continues language making available such sums as are necessary to meet the Federal government’s full legal obligation and prohibiting the transfer of funds to any other account for any other purpose. In addition, the bill includes language specifying carryover funds may be applied to subsequent years’ contract support costs.
    • In a recent Supreme Court opinion, Becerra v. San Carlos Apache, found that self-determination contracts between Tribes and IHS require spending and collection of third-party revenue, therefore, by doing so and incurring administrative costs, IHS is then required to reimburse for those contract support costs.
  • Bill Report, pg. 96: The Committee recommends an indefinite appropriation estimated to be $400,000,000 for Payments for Tribal Leases incurred by the agency as required by law. It does not include the Administration’s request for Administrative Costs. The bill includes language making available such sums as necessary to meet the Federal government’s full legal obligation and prohibits the transfer of funds to any other account for any other purpose.
Hospitals and Health Clinics: $2.84 billion
  • Bill Report, pg. 93: The recommendation includes $2,845,868,000 for Hospitals and Health Clinics, $295,354,000 above the fiscal year 2024 enacted level.
Direct Operations: $105.96 million
  • No report language
Indian Health Care Improvement Fund: $75.47 million
  • Bill Report, pg. 96: The Committee does not accept the IHS’s proposal to move the Indian Health Care Improvement Fund within the Hospitals and Health Clinics funding. The recommendation provides $75,472,000 for the Indian Health Care Improvement Fund, which is $1,334,000 above the fiscal year 2024 enacted level.
Purchased and Referred Care: $1.04 billion
  • Bill Report, pg. 94: The recommendation includes $1,048,804,000, $52,049,000 above the fiscal year 2024 enacted level, for Purchase and Referred Care (PRC).
Public Health Nursing: $120.95 million
  • No report language.
Immunization AK: $2.3 million
  • No report language.
Indian Health Professions: $89.25 million
  • Bill Report, pg. 95: The recommendation includes $89,252,000 for Indian Health Professions programs, $8,684,000 above the fiscal year 2024 enacted level and $8,000,000 above the President’s budget request. The Committee continues to support Indian Health Professions programs and expects IHS to allocate the increase provided across all programs, including the Scholarship Program, Loan Repayment Program, Indians into Medicine Program (INMED), American Indians into Nursing (RAIN) Program, and the American Indians into Psychology Programs.
Tribal Management: $2.98 million
  • No report language.
Self-Governance: $6.18 million
  • No report language.
Maintenance and Improvement: $174.35 million
  • No report language.
Sanitation Facilities Construction: $127.96 million
  • Bill Report, pg. 97: The Committee continues advance appropriations for programs advanced in fiscal year 2024 and expands advance appropriations to the Indian Health Facilities Sanitation Facilities Construction and Health Care Facilities Construction accounts.
Health Care Facilities Construction: $185.7 million
  • Bill Report, pg. 97: The recommendation includes $185,702,000 for Health Care Facilities Construction, $3,023,000 above the fiscal year 2024 enacted level. The recommendation includes $14,000,000, for Staff Quarters, $3,000,000 above the fiscal year 2024 enacted level, for staff housing across the IHS health care delivery system to support the recruitment and retention of quality healthcare professionals across Indian country.
Facility and Environmental Health Support: $323.96 million
  • No report language.
Dental Health: $238 million
  • Bill Report, pg. 94: The recommendation includes $283,085,000 for Dental Health services, $30,524,000 above the fiscal year 2024 enacted level and $7,000,000 above the President’s budget request.
    • Also includes $8,000,000 to expand Dental Support Centers to all 12 service areas and $6,500,000 to install a electronic Dental Records System.
Equipment – Generators:  $8 million
  • Bill Report, pg. 97: To increase the resilience of these facilities, the recommendation includes $8,000,000 to purchase generators, $5,000,000 above the fiscal year 2024 enacted level, including for IHS, Tribal Health Programs, and Urban Indian Organizations located in areas impacted by de-energization events.
Bureau of Indian Affairs, Missing and Murdered Indigenous Women Initiative: $30 million
  • Bill Report, pg. 47: Within the increase provided, the recommendation includes an additional $13,500,000 for the Missing and Murdered Indigenous Women Initiative. A total of $30,000,000 is provided to address the crisis of missing and murdered indigenous women, including resources for criminal investigators, software platforms, and evidence recovery equipment. The Committee directs BIA to work with Tribal and Federal law enforcement agencies to facilitate sharing law enforcement and public records data and other technological tools to assist those agencies in finding missing individuals.
Community Health Representatives: $69.62 million
  • No report language.
Mental Health: $140.74 million
  • Bill Report, pg. 94: The recommendation includes $140,746,000 for Mental Health/Social Services, $10,981,000 above the fiscal year 2024 enacted level.
Alcohol and Substance Abuse: $282.38 million
  • Bill Report, pg. 94: The recommendation includes $282,389,000, $15,753,000 above the fiscal year 2024 enacted level, for Alcohol and Substance Abuse programs.
Produce Prescription Pilot Program: $7 million
  • Bill Report, pg. 93: The recommendation includes $7,000,000, $4,000,000 above the fiscal year 2024 enacted level, for IHS to expand, in coordination with Tribes and Urban Indian Organizations (UIOs), the Produce Prescription Pilot to implement a produce prescription model to increase access to produce and other traditional foods among its service population. The Committee encourages IHS to provide a briefing to the Committee not later than 90 days following the enactment of this Act on the distribution of funds and implementation efforts
Tribal Epidemiology Centers: $44.43 million
  • Bill Report, pg. 93: The Committee recognizes the importance of Tribal Epidemiology Centers (TEC) which conduct epidemiology and public health functions critical to the delivery of health care services for Tribal and urban Indian communities. The recommendation includes $44,433,000 for TECs, $10,000,000 above the fiscal year 2024 enacted level.
Maternal Health: $3 million
  • Bill Report, pg. 93: The recommendation includes $3,000,000, $1,000,000 above the fiscal year 2024 enacted level, for Improving Maternal Health.
Alzheimer’s Disease: $6 million
  • Bill Report pg. 93: The recommendation includes $6,000,000, $500,000 above the fiscal year 2024 enacted level, to continue Alzheimer’s and related dementia activities. These funds will enable awardees to continue to implement locally developed models of culturally appropriate screening, diagnostics, and management of people living with Alzheimer’s and other related dementia. This funding also supports the Dementia ECHO program, designed to support clinicians and caregivers to strengthen their knowledge and care around dementia for Tribal patients.
Background and Advocacy

On March 9, 2024, President Biden released his budget request for FY25 which included $8.2 billion for IHS and proposed mandatory funding for IHS from FY 2026 to FY 2034 to the amount of $288.9 billion over-ten years as well as exempting IHS from sequestration. This mandatory formula would culminate in $42 billion for IHS in FY 2033, to account for inflation, staffing increases, long-COVID treatment, and construction costs. On March 11, 2024, IHS published their FY 2024 Congressional Justification with the full details of the President’s Budget, which includes $95 million for urban Indian health – a 5% increase above the FY 2024 enacted amount of $90.42 million.

NCUIH also requested full funding for urban Indian health for FY 2025 at $963.5 million for urban Indian Health in FY25 in accordance with the Tribal Budget Formulation Workgroup recommendations. NCUIH requested that advance appropriations be maintained for the Indian Health Service (IHS) until mandatory funding is achieved. This budget recommendation is the result of Tribal leaders, over several decades, providing budget recommendations to phase in funding increases over 10-12 years to address growing health disparities that have largely been ignored.

On May 8, 2024, NCUIH Board Member and Executive Director of Helena Indian Alliance – Leo Pocha Clinic, Todd Wilson (Crow), testified before and submitted public witness written testimony to the House Appropriations Subcommittee on Interior, Environment, and Related Agencies regarding FY 2025 funding. NCUIH requested full funding for IHS at $53.8 billion and $ 965.3 million for Urban Indian Health for FY 2025 as requested by the Tribal Budget Formulation Workgroup (TBFWG), maintain advance appropriations for IHS, and protecting IHS from sequestration.

NCUIH recently worked closely with Representatives Gallego and Grijalva on leading a Congressional letter signed by 52 House members to the House Committee on Appropriations for FY 2025. The letter has bipartisan support and calls for support for Urban Indian Health based on the TBFWG’s recommendation and to maintain advance appropriations for IHS until such time that authorizers move IHS to mandatory spending. On May 14, 2024, a group of 20 Senators sent a letter to the Senate Interior Appropriations Committee with the same requests.

VA Exempts Over 5,000 Native Veterans from Copayments, Reimburses $3 Million: VA Secretary McDonough Highlights Progress at NCUIH Conference

On April 17, 2024, the Department of Veterans Affairs (VA) announced that more than 4,000 Native Veterans have been approved for the VA’s copayment exemption and has exempted and/or reimbursed over 168,000 copayments totaling more than $3 million for Native Veterans. During NCUIH’s Annual Conference on April 30, 2024, VA Secretary Denis McDonough highlighted these new numbers and noted an update – that over 6000 Native Veterans have applied and over 5000 had been approved.

Background

American Indians and Alaska Natives serve in the military at some of the highest rates in the country, and many Native veterans receive healthcare from the Veterans Health Administration (VHA), alongside IHS, Tribal, and urban Indian organization (UIO) facilities. Unfortunately, American Indian and Alaska Native Veterans generally face a higher rate of mental health disorders compared to White veterans.

On April 4, 2023, VA published a final rule in the Federal Register establishing the waiver process for Veterans to submit documentation to have their VA copays waived. This rule implements Section 3002 of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 Public Law 116-315, signed into law on January 5, 2021, which prohibits collection of a health care copayment by the Secretary of Veterans Affairs from an American Indian and Alaska Native Veteran who meets the definitions of “Indian” or “urban Indian” under the Indian Health Care Improvement Act (IHCIA).

The copayment exemption is a crucial step in honoring the federal government’s trust responsibility to “maintain and improve the health of the Indians” and NCUIH has been a strong advocate for this policy. NCUIH continues to stress that Native Veterans are entitled to this copayment exemption due to the federal government’s responsibility to provide and support services for Native Veterans, fulfilling the trust responsibility for healthcare provisions for all American Indians and Alaska Natives. We remain committed to engaging with the VA on issues affecting American Indian and Alaska Native Veterans in urban areas.

See NCUIH resources on the VA Copayment Exemption for Native Veterans: