2021 Summer Legal Fellows Reflect on Time with NCUIH

With the end of the summer comes the departure of our 2021 Summer Legal Fellows. With Bryn Whitney-Blum and Hayden Godfrey returning to their respective law schools, we asked them to reflect on their time with NCUIH. Please read their posts below. We wish them all the best as they complete their education!

My name is Bryn Whitney-Blum. I am a second-year law student at the George Washington University Law School, and I have a background in reproductive justice, maternal health, HIV/AIDS health care, and direct services. I applied to NCUIH as a legal fellow because of the unique opportunity to apply my interest in health equity and policymaking to serving urban Indian communities. The chance to advocate for a range of health care priorities within the framework of Indigenous sovereignty and justice set NCUIH apart from other internships, and I looked forward to applying my first year of legal education to congressional and federal policy.

At NCUIH, I learned about the incredible importance of persistent communication and advocacy in fulfilling the federal government’s trust responsibility to urban Indians. NCUIH’s policy team is full of powerhouse advocates, and after spending my summer working with this team I completely understand how NCUIH’s work has led to millions in federal funding and legislative support for UIOs. As a policy fellow, I researched and drafted comments to federal agencies, tracked legislation and policy, attended urban confer and Tribal consultations, and even got to meet with Department of Justice officials to follow up on comments I had submitted on Missing and Murdered Indigenous Persons. At this fellowship, I translated the skills and principles I gained from law school to substantive policy advocacy, and my experience at NCUIH has added meaning and motivation to my professional path as a public interest lawyer. I am so grateful to Sunny, Julia, Meredith, Sam, Al, Elaina, Jenna, Mary, and Francys for sharing their knowledge and passion with me, and I look forward to seeing all they will continue to achieve for urban Indian health.

Osiyo nigada! My name is Hayden Godfrey and I am a second-year law student at the University of Arizona James E. Rogers College of Law. I am Tsalagi and a federally enrolled citizen of the Cherokee Nation of Oklahoma. At Arizona Law, I am pursuing certification as a subject matter expert through our Indigenous Peoples Law and Policy program. I am also the President of the Arizona Law Chapter of the Native American Law Students Association (NALSA). The issues of sovereignty that impact our Tribal Nations are among the most critical issues that we face in Indian Country. Factors outside of our communities that seek to diminish our inherent nationhood threaten our very ways of life, preventing us from impactfully policing our communities, from protecting our friends and relatives from abduction or murder, and from attending to the health care needs of our Tribal members, among countless issues that arise out of broken trust obligations.

Through interviewing to become a Law Fellow with NCUIH, I felt that I would have an opportunity to devote the skills that I have honed through my legal studies to practically advocate for my Tribe and all others in our battles to improve the material conditions that we all suffer as the result of hundreds of years of genocidal Federal policy toward Indigenous people. Our fight for self-determination cannot reach its full potential until we have an Indigenous population that does not have to account for these historical traumas in our movement. NCUIH’s mission, being the only such organization that serves the 70 percent of AI/AN people who reside in urban areas, myself included in that statistic as an urban Indian, fell ideally into my desires to fulfill the needs of my own demographic so that we can be a stronger political force in the future. Our sovereignty and our means for protecting our own populations arise out of our political relationship with Congress, which is why it is more imperative now than ever to stand up for our political rights.

I spent Summer 2021 employed with NCUIH, where I worked with the policy team to address issues in federal Indian policy as they arose in legislation and regulation at the agency level. As a Summer Law Fellow with NCUIH, I spent my time drafting comments for regulatory agencies on regulations involving Urban Indian Organizations (UIOs), tracking and editing acts of legislation that impact Indian health, performing substantive legal and policy research on Medicaid reimbursement rates for Indian health providers, and other policy-related tasks involving Tribal communities or culturally sensitive questions. My background as an American Indian and citizen of my Tribe ultimately permitted me to answer sensitive questions that arose in a thoughtful manner that incorporated my own Indigenous understanding of the subject matter. In law school, I learned to formulate air-tight legal arguments, while at NCUIH, I learned to be an advocate for all Indigenous people in the United States. Without my experiences this summer at NCUIH, I would not have the same capacity to bring the professional skills that I have cultivated into my future in Indian policy and activism.

I will always carry the memories from this summer at NCUIH with me as I stride into the future. I have learned so much in such a short amount of time. I would like to thank Julia, Meredith, Sunny, and Francys for all that they have imparted during this all-too-short experience. They have been genuinely exemplary in their professionalism and zeal in their advocacy for communities much like my own. The passion and the drive that they bring into their activism will always remain with me in my own activism for the vulnerable communities whom we serve. I would accordingly like to express my gratitude for the privilege of serving Tribal communities this summer in our fight for equity, because I will derive my momentum from the passion that I have witnessed in you all. Wado.

House Appropriations Committee Approves Labor-HHS Bill with Funding Increases for Indian Country

On July 15, 2021, the House Appropriations Committee approved its fiscal year (FY) 2022 Labor, Health and Human Services, Education, and Related Agencies funding bill by a 33-25 vote. The bill authorizes $119.8 billion for the Department of Health and Human Services (HHS)— an increase of $22.9 billion above the FY 2021 enacted level and $129 million below the president’s FY 2022 budget request. Other key provisions include a $15 million set-aside for IHS facilities/Tribally-Operated Health Programs/Urban Indian Health Programs under the National Health Service Corps (NHSC) Loan Repayment Program, increased funding for the Centers for Disease Control and Prevention (CDC)— including an increase for the Good Health and Wellness in Indian Country (GHWIC) program, increased funding for the Substance Abuse and Mental Health Services Administration (SAMHSA), and increased American Indian/Alaska Native (AI/AN) set-aside funding for Zero Suicide grants. A more detailed analysis follows below.

Bill Highlights

CDC

  • Bill Report: “The Committee recommendation for the Centers for Disease Control and Prevention (CDC) program level includes $9,612,761,000 in discretionary budget authority, $55,358,000 in mandatory funds under the terms of the Energy Employees Occupational Illness Compensation Program Act, and $903,300,000 in transfers from the Prevention and Public Health (PPH) Fund.” The bill funds the CDC at $10.6 billion, an increase of $2.7 billion above the FY2021 enacted level.

GHWIC

  • Bill Report: “The Committee’s recommended level includes an increase of $5,000,000 for Good Health and Wellness in Indian Country.”

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NCUIH Endorses UIO-inclusive Bill for Virtual Peer Behavioral Health Support Services

The Virtual Peer Support Act of 2021 (H.R. 2929/S. 157) seeks to expand virtual peer support services for “Tribal communities” alongside community-based providers through federal grant allocations. UIOs are included within the definition of “Tribal communities,” making this an inclusive effort to legislate for Indian health with UIO needs in mind.

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Senate Introduces Bill Authorizing Special Behavioral Health Program for Indians after NCUIH Efforts

Sen. Tina Smith introduces bill to amend the IHCIA to authorize special behavioral health programs for Indians, including urban AI/AN persons and the UIOs that serve them. This revision of the IHCIA helps Congress to fulfill its trust obligations to AI/AN populations while Urban Indians continue to disproportionately suffer from behavioral health issues at a rate much higher than the general population.

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House Passes Vote on NCUIH-Endorsed Tribal Health Data Bill

On June 22, 2021, the House of Representatives met to debate legislation including H.R. 3841, the Tribal Health Data Improvement Act of 2021, under suspension of the regular House procedural rules. Rep. Markwayne Mullin (R-OK), citizen of the Cherokee Nation, introduced the bill on June 11 on behalf of himself and cosponsor Rep. Tom O’Halleran (D-AZ). The House requested a recorded vote on June 23, 2021 where H.R. 3841 passed with broad bipartisan support.

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NCUIH Federal Relations Director Advocates During the DHS Community Engagement Roundtable

The National Council of Urban Indian Health (NCUIH) attended the Department of Homeland Security Community Engagement Roundtable on Racial Equity, Community Policing, and Supporting Underserved Communities on June 24th, 2021. Director of Federal Relations, Sunny Stevenson, spoke to the Officer for Civil Rights and Civil Liberties, Katherine Culliton-González, on the inadequate healthcare and federal data standards of AI/AN people. Racial inclusivity in data standards is important for accurately representing the decades of adversity Native people have faced in fatal encounters with law enforcement, trafficking of indigenous women and girls, racism, and healthcare disparities like seen during the COVID-19 pandemic.

IHS Announced $3M in SDPI Funding will be Offset by FY21 Funding Due to Sequestration in TLDC Meeting

On June 15th, the Indian Health Service (IHS) held a virtual quarterly Tribal Leaders Diabetes Committee (TLDC) meeting. It was brought to the attention of the call participants that although Congress has funded the Special Diabetes Program for Indians (SDPI) at the current $150 million per year through Fiscal Year (FY) 2023, the FY2022 President’s budget includes funding for SDPI at $147 million— a $3 million decrease due to a mandatory sequester. While most mandatory spending is exempt, including Social Security, veterans’ programs, Medicaid and other low-income programs, it remains unclear why SDPI would be subject to a sequester.

 

To cover the sequester, funding must come from other pockets of the IHS budget. IHS Deputy Director for Division of Diabetes, Carmen Hardin, announced that offsets from FY2021 funding will cover the FY2022 SDPI $3 million sequestration to ensure no grantee will receive a decrease in their annual funding amount for FY2022. IHS has not indicated exactly where this offset is coming from, and with only $67.7 million for urban Indian health, there is concern that such redirections of funding could be drawing from already tight margins.

 

There were echoed sentiments among Tribal members on the call concerning the lack of consultation with Tribes around this sequestration and how the funding will be offset. IHS has not initiated urban confer on the matter.

Representative Ruben Gallego Emphasizes Need for UIO Facilities Legislation

On June 17, 2021, the Subcommittee on Indigenous Peoples of the United States held an oversight hearing on “Examining Federal Facilities in Indian Country”. Led by Chair Teresa Leger Fernandez and Ranking Member Don Young, the hearing included testimony from Mr. Randy Grinnell, Deputy Director for Management Operations, Indian Health Service and several other witnesses. The hearing is in response to facilities deterioration and the bureaucracy surrounding timely construction and funding and its impact in Native communities on and off the reservation.

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Rick Mueller Named Deputy Director for the IHS Office of Urban Indian Health Programs

Mr. Rick Mueller is the new Deputy Director for the IHS Office of Urban Indian Health Programs’ (OUIHP) in Rockville, MD. Rick Mueller is an enrolled member of the Central Council of the Tlingit and Haida Indian Tribes of Alaska. As Deputy Director of the OUIHP, Mr. Mueller is responsible for providing leadership and oversight of the Title V, Indian Health Care Improvement Act initiative and Urban health care delivery system as well as supervising staff and duties. Mr. Mueller has been with the OUIHP since February 2014 and previously served as the Heath System Specialist with OUIHP, where he provided policy analysis and development support for a wide-range of health care delivery and support activities for 41 urban Indian organizations. Before joining the IHS, Mr. Mueller worked a number of years in Alaska with regional Native health corporations, serving in various administrative capacities. Mr. Mueller holds a Bachelor of Science degree from Northern Arizona University in Flagstaff, AZ, and later earned a master’s degree in business administration, with a concentration in health service administration, from Alaska Pacific University in Anchorage, AK. We congratulate and welcome him as he embarks in this critical leadership role for the agency.

NCUIH Endorses Coronavirus Mental Health and Addiction Assistance Act

On January 28, 2021, Senators Amy Klobuchar (D-MN), Todd Young (R-IN), and Chris Van Hollen (D-MD) reintroduced the NCUIH endorsed Coronavirus Mental Health and Addiction Assistance Act. The bill intends to address the growing mental health and addiction crisis in the U.S. exacerbated by the COVID-19 pandemic by expanding mental health and substance use disorder services. If passed, the bill would require:

  • The Secretary of Health and Human Services to award grants to establish a Coronavirus Mental Health and Addiction Assistance Network. These grants would go to eligible entities offering appropriate mental health and addiction services, including Urban Indian Organizations (UIOs).
  • Emergency authorization of $100 million to initiate or expand programs offering mental health and substance use disorder services in response to the pandemic, including support groups, telephone helplines and websites, training programs, telehealth services, and outreach services.
  • The Department of Health and Human Services to gather data to better understand the effects of the pandemic on mental health and addiction and make recommendations on how to improve future mental health and addiction response efforts

Even before the pandemic, American Indians and Alaska Natives (AI/ANs) residing in urban areas faced significant behavioral health disparities – for instance, 15.1% of urban AI/ANs report frequent mental distress as compared to 9.9% of the general public and the AI/AN youth suicide rate is 2.5 times that of the overall national average. The COVID-19 pandemic has inflamed the need for funding for UIOs to address the behavioral health and substance abuse crisis among urban Indians.

NCUIH welcomes Sen. Klobuchar, Sen. Young, and Sen. Van Hollen’s legislation to support mental health and addiction services during coronavirus pandemic.

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