NCUIH Joins National Native Organizations in COVID-19 Legislative Request

(April 20, 2020) – Last week, NCUIH along with a coalition of National Native Organizations sent a letter to Members of both chambers of Congress outlining a joint COIVD-19 recovery legislative proposal for health, education, nutrition, and human services.

NCUIH, along with the National Congress of American Indians, National Indian Health Board, Self-Governance Communication & Education Tribal Consortium, National Association of Food Distribution Programs on Indian Reservations, Native Farm Bill Coalition, Intertribal Agriculture Council, National Indian Education Association, American Indian Higher Education Consortium, National Indian Child Welfare Association, and United South and Eastern Tribes Sovereignty Protection Fund, sent the legislative priorities as Congress negotiates the fourth major legislative package on coronavirus.

The proposal included, among other essential proposals, requests for Congress to:

  • Provide sufficient appropriations to IHS for Indian Health Care Providers as they face the pandemic on the frontlines, including:
    • Provide $1 billion for Purchased/Referred Care (PRC).
    • Provide $1.215 billion for Hospitals and Health Clinics.
    • Establish a $1.7 billion Emergency Third-Party Reimbursement Relief Fund for IHS, Tribal Programs, and Urban Indian Organizations.
    • Provide $85 million for equipment purchases and replacements.
    • Provide $161 million for Urban Indian Health.
    • Provide $1 billion for Sanitation Facilities Construction.
    • Provide $750 million for maintenance and improvement of Indian Health Service and Tribal facilities.
  • Authorize technical Medicaid and Medicare fixes including 100% FMAP for services provided at UIO facilities and technical amendments including Tribal and UIO access to the Strategic National Stockpile.
  • Clarify that the VA is authorized to reimburse UIOs for services provided to Native Veterans.

Letters

C-SPAN Clip: NIHB Chair Victoria Kitcheyan Discusses Indian Health Priorities for COVID-19

APRIL 9, 2020 | CLIP OF VICTORIA KITCHEYAN ON NATIVE AMERICAN COMMUNITIES AND CORONAVIRUS

Clip Transcript

Call from: Michigan

Thank you so much for taking my call. I run an urban agency an urban indian center just south of Detroit called the American indian Services. We’re a mental health provider as well as a food provider. My question is, what is being done for the 75% of American Indians who live in cities? We’ve had a hard enough time just surviving because the State of Michigan has cut our budget repeatedly for the last 5 years. We’re trying to hang on and serve the American Indians in the cities. If people went home, the tribes would not be able to accommodate them. They would be bankrupt in weeks, so what’s going to be done for the Indian people living in the cities?

Victoria Kitcheyan

Thank you Faith for that question. The urban Indian organization, NCUIH, has been a champion in advocating for urban organizations and they were also included in the first funding package and, in fact, the urban indian priorities are something that cannot be forgotten because many of our tribal members live in urban areas and most recently the National Congress of American Indians and the National Indian Health Board signed on to a letter today advocating for the needs of the fourth funding package and in there the urban needs have also been advocated for. So, I understand your frustration and often the urbans are left out and so the federal agencies have to consult with the federally recognized tribes and they only have to concur with the urban organizations, but we cannot forget our relatives that are living in some of these most highly populated areas that need the resources just as much as we do on the reservation.

Udall, Senate Democrats Unveil COVID-19 “Heroes Fund,” $25,000 Proposed Pay Increase to Essential Workers and, Urban Indian Organizations and Tribal Workers on Frontlines of Pandemic Response

https://www.indian.senate.gov/news/press-release/audio-udall-senate-democrats-unveil-covid-19-heroes-fund-25000-proposed-pay

AUDIO: Udall, Senate Democrats Unveil COVID-19 “Heroes Fund,” $25,000 Proposed Pay Increase to Essential Workers and Tribal Workers on Frontlines of Pandemic Response

COVID-19 “Heroes Fund” would give Tribal frontline workers equal access to proposed $25,000 premium for essential workers, implement $15,000 Essential Worker Recruitment Incentive to attract and secure frontline workforce needed to fight public health crisis

Udall’s remarks on the COVID-19 Heroes Fund begin at 11:38 here.

WASHINGTON—Today, U.S. Senator Tom Udall (D-N.M.) joined Senate Democratic Leader Chuck Schumer (D-N.Y.) and Senators Patty Murray (D-Wash.), Sherrod Brown (D-Ohio), Bob Casey (D-Penn.), and Gary Peters (D-Mich.) to unveil the COVID-19 “Heroes Fund,” Senate Democrats’ proposal to establish a pandemic premium pay to reward, retain, and recruit essential workers. Senate Democrats’ proposed “Heroes Fund” consists of two major components: a $25,000 premium pay increase for essential workers—including Tribal workers—equivalent to a raise of $13 per hour from the start of the public health emergency until December 31, 2020, and a $15,000 essential worker recruitment incentive to attract and secure the workforce needed to fight the public health crisis.

A summary of Senate Democrats’ COVID-19 “Heroes Fund” proposal can be found here.

“Essential frontline workers in New Mexico, Indian Country, and across America are risking their own health to protect ours, to care for our loved ones, and to keep our communities safe and running. We owe these heroes – the health care workers, first responders, law enforcement, grocery clerks, delivery workers, and many others – more than just words of gratitude: we must make sure they are paid what they deserve,” Udall said.

“Importantly, this proposal will give Tribal frontline workers equal access to these benefits, and includes the necessary flexibility to meet the unique needs of Native communities,” Udall continued. ”Because this crisis is hitting Indian Country especially hard: frontline workers in Native communities are stretched thin, and, due to severe federal underfunding, Indian Country has long struggled to recruit and retain workers in fields like health care and law enforcement. So this proposal is absolutely necessary for Indian Country and for all communities — to support the frontline workers who are doing incredible, life-saving work, and to secure the workforce that we need to keep our nation healthy and strong.”

Across New Mexico, Indian Country, and America, essential frontline workers—doctors, nurses, grocery store workers, transit workers, public safety personnel, and many more—continue to put themselves at risk on the front lines of the COVID-19 pandemic. Udall and Senate Democrats’ proposal would compensate these workers for their great personal sacrifices and tireless dedication while increasing the recruitment of additional workers for the front lines that will be needed in the months ahead.

Udall and Senate Democrats fought for workers-first provisions in the recently-passed CARES Act, the $2 trillion package includes key provisions to support New Mexico, including: direct payments to individual New Mexicans and a major expansion of unemployment benefits, badly-needed direct relief for small businesses, an emergency infusion of resources into hospitals and to support health care workers, and reimbursement for state and Tribal governments that have stepped up to address the crisis.

Udall and Senate Democrats also fought to ensure Tribes had equitable access to federal resources in the recently-passed CARES Act. They secured over $10 billion in resources for Tribes and Native communities to address their unique needs, including providing over $1 billion to the Indian Health Service and establishing an $8 billion Tribal Government Relief Fund.

Portions of the first wave of grants from the package have recently been released to New Mexico, while the Indian Health Service announced disbursement of $600 million of the over $1 billion in funds Udall helped secure from the CARES Act.

“Thousands of workers report to the frontlines of our nation’s pandemic response each and every day, placing themselves squarely in harm’s way to serve the needs of others,” said Leader Schumer. “Senate Democrats’ proposed ‘Heroes Fund’ would provide premium pay to these essential workers—the doctors and nurses, grocery store workers, transit workers, and more who are central to fighting this crisis—and would establish an incentive system to retain and recruit the workforce needed for the long months to come. Essential frontline workers sacrifice daily for our collective health and well-being, and Senate Democrats are fully committed to supplying these heroes the financial support they deserve.”

Listen to the audio of Udall’s remarks, beginning at minute 11:38, here.

A summary of Senate Democrats’ COVID-19 “Heroes Fund” proposal can be found here and below:

The COVID-19 “Heroes Fund” Summary

Senate Democrats’ Proposal for Pandemic Premium Pay to Reward, Retain, & Recruit Essential Workers

Essential frontline workers are the true heroes of America’s COVID-19 pandemic response.  Senate Democrats believe in providing premium pay to frontline workers during this pandemic to reward essential frontline workers, ensure the retention of essential workers who are working grueling hours on the frontlines of this crisis, and promote the recruitment of additional workers who will be needed in the months ahead.

As the Congress looks at a potential fourth COVID-19 bill, the following proposal is meant for consideration by Members of Congress, key stakeholders, and the American people. Senate Democrats’ proposal consists of two major components:

1. A $25,000 pandemic premium pay increase for essential frontline workers, equivalent to a raise of an additional $13 per hour from the start of the public health emergency until December 31, 2020.

2. A $15,000 recruitment incentive for health and home care workers and first responders to attract and secure the workforce needed to fight the public health crisis.

Structure of the Pandemic Premium Pay

To meet the goals of reward, retention, and recruitment, Senate Democrats propose a set dollar amount per hour with a maximum amount for the year, for a definite duration, and with an additional bonus for workers who sign up to do such essential work during this crisis.

Amount of Pay Premium. The proposal—

  • Uses a flat-dollar amount per hour premium model in order to ensure it is clear, simple, and lifts up particularly those workers making lower wages.
  • Would give each essential frontline worker $13/hour premium pay on top of regular wages for all hours worked in essential industries through the end of 2020.
  • Would cap the total maximum premium pay at $25,000 for each essential frontline worker earning less than $200,000 per year and $5,000 for each essential worker earning $200,000 or more per year.

Duration of Premium. The premium pay period—

  • Must be for a specified and clear duration of time to ensure workers can rely on it for their economic security and plan for needs like additional child care.
  • Should cover all hours worked by each essential frontline worker through December 31, 2020, or until the worker’s salary-based maximum premium pay is reached.

Premium Pay as a Recruitment and Retention Incentive.  In order to recruit the additional health care workers, home care workers, and first responders needed over the coming months, thef proposal—

  • Would provide a one-time $15,000 premium for signing on to do essential work.
  • Would limit eligibility for this incentive premium to essential health and home care workers and first responders that are experiencing severe staffing shortages impeding the ability to provide care during the COVID-19 pandemic.[1]

Premium Pay and Worker Incentives Delivery Mechanism

The proposal would fully federally-fund the premium pay and recruitment and retention incentive. We will continue to seek input on the specific mechanism for delivering the pay to workers, as well as the universe of “essential workers” to be covered. The new federal fund would partner with entities designated as an “eligible employer” – states, localities, tribes, and certain private sector employers – to issue the funds premium payments to eligible workers. Frontline federal employees would also be granted the new benefit of up to $25,000.

COVID-19 Heroes Fund. The new COVID-19 Heroes Fund would provide funds directly to eligible employer-partners so that they could distribute the premium payments.

  • Employers in industries engaged in “essential work” would apply to the Heroes Fund for funds to be used to add line-item premium pay to employees’ or independent contractors’ paychecks. The eligible employer would track these payments, provide payroll records demonstrating premium payments, and return any unspent funds to the agency.
  • No employer would be required to participate, but all would be strongly encouraged to and the program would be widely advertised.
  • An entity that contracts directly with the state, locality, Tribe, or the federal government (e.g., to provide care to people with Medicare and Medicaid coverage) would be considered a private sector employer, and employees of this entity who are designated as “essential” would be eligible for premium pay. Similarly, an eligible employer is also an individual who hires someone designated as “essential” through programs established through the State (e.g., self-directed care arrangements). This would help ensure coverage of the 2.2 million home health aides, direct service providers, and personal care workers who provide services to more than 12 million Americans.
  • Eligible employers would submit applications for the recruitment and retention incentive premium on a rolling basis.

Federal Workforce. The proposal would ensure all federal government essential frontline employees receive the same $25,000 premium pay benefit provided to other essential workers.[2]

  • Coverage should be expansive to capture all federal employees with public-facing positions.  This includes Title 5 employees and employees of all other federal personnel systems (e.g., employees of the Postal Service, TSA, VA, FAA, District of Columbia, and federally-funded Indian programs[3]).
  • The benefit would be limited to frontline and public-facing positions – employees who are not teleworking from their homes.

Additional Background and Commentary

Precedents. Disasters require exceptional flexibility in standard work schedules and assignments and often put first responders and other essential workers in dangerous situations. To ensure this critical workforce is compensated appropriately, there are precedents for funding hazard premium pay and worker incentives through a federal program.

FEMA, through the Robert T. Stafford Disaster Response and Emergency Assistance Act and the Disaster Relief Fund, is currently authorized to reimburse state, local, and tribal governments for straight-time and premium pay associated with disaster response. Extraordinary costs (such as call-back pay, night-time or weekend differential pay, and hazardous duty pay) for essential employees who are called back to duty during administrative leave to perform eligible Emergency Work are eligible for reimbursement in certain circumstances.

This authority has been used many times over the last few years to pay for personnel costs associated with enforcing curfews, facilitating evacuation routes, and restoring critical infrastructure. Past usage illustrates precedent for federal funding of critical state, local, and tribal employees performing essential response functions that keep our communities safe in times of disaster.

Essential Frontline Worker definitions. As mentioned above, the definition of essential frontline workers for purposes of both the premium pay increase and the recruitment-retention incentive will be the subject of debate. This proposal is not meant to exclude any worker from this conversation. Rather, we hope this proposal will encourage a discussion about how large and diverse this universe of workers truly is. Our goal is to make federal, state, tribal, local and private sector essential workers that are at risk eligible for this benefit.

Retroactive Pay. Workers who have been on the frontlines since the initial declaration of the Public Health Emergency on January 27, 2020, could receive a lump sum of backpay of $13 per hour for work before enactment. These workers would continue to receive the $13 per hour premium pay on top of regular wages moving forward, but these workers would still be subject to the maximum premium pay cap outlined above.

Additional Benefits for Essential Health and Home Care Workers and First Responders. The employers of frontline health and home care workers and first responders should be eligible to apply for a second round of premium pay funds of up to $10,000 as those workers continue to combat the virus.

Death Benefits. It is a deeply disturbing but unfortunate reality that some of our frontline workers are making the ultimate sacrifice to the nation through their work fighting COVID-19. Their families rightfully deserve to receive the full amount of the premium pay as a lump sum in addition to all other forms of death benefits.

Protections from Corporate Expense Shifting. Certain large corporations engaged in the provision of essential services and goods employ essential frontline workers who are deserving of premium pay. However, massive corporations should make investments in providing premium pay of their own accord before trying to participate in this program.

Protecting Workers and PPE. Senate Democrats have been fighting to give essential workers the protections and equipment they need to stay safe. The CARES Act provided billions of dollars for PPE, and Democrats have pushed the Administration to appoint a czar to handle all manufacturing and distribution of critical PPE. We must do more to ensure all frontline workers have the protective gear they need to perform their jobs safely, and we need a strong emergency temporary standard to protect all workers.


[1] The recruitment and retention incentive might need to cover a broader swathe of workers in Indian Country and other underserved areas that experienced high levels of essential frontline worker vacancies prior to the COVID-19 pandemic.

[2] Certain federal workers are entitled under current law to a maximum 25 percent hazard premium pay for exposure to hazardous substances, including virulent biologicals.  However, President Trump has failed to activate this policy for the federal workforce during the COVID-19 pandemic.

[3] Federally-funded Indian program employees include any employee who works for 1) program operated by an Indian Tribe under an Indian Self-Determination and Education Assistance Act “638” contract or compact; 2) a Tribal Controlled Schools Act “297” grant Bureau of Indian Education school; or, 3) an urban Indian organization operating under an Indian Health Service contract pursuant to Title V of the Indian Health Care Improvement Act.

Indian Health Service (IHS) Opioid Grant Pilot Program (OGPP)

On April 3, 2020, the Indian Health Service (IHS) in a Dear Tribal Leader and Urban Indian Organization Leaders (DTLL/DUIOLL) announced that they will be creating a new Indian IHS Opioid Grant Pilot Program (OGPP). OGPP is being funded by the $10 million increase for the Alcohol and Substance Abuse Program budget line funding, authorized by The Consolidated Appropriations Act, 2019 (Public Law 116-6).

As an immediate step, IHS will publish a Notice of Funding Opportunity (NOFO) in the Federal Register this spring.  The NOFO will outline details of the eligibility criteria, objectives, and funding methodology.  In general, the IHS anticipates to award up to 18 grants: one grant opportunity open to each of the IHS Areas; three grant opportunities open to Urban Indian Organizations; and three grant opportunities open to highest priority IHS Areas with a targeted focus on Maternal & Child Health.

A component of the OGPP includes national management and administrative activities, including intensive programmatic technical assistance and support to grantees in developing, implementing, and evaluating their pilot program.

The OGPP was formed after considering the input from 26 letters and over 100 comments IHS received during the comment period on OGPP.

Letter to Tribal Leaders and Urban Indian Organization Leaders on IHS CARES Act Funding (April 3, 2020)

Letter to Tribal Leaders and Urban Indian Organization Leaders on IHS CARES Act Funding (April 3, 2020)

The Indian Health Service announces the availability of, and distribution decisions for, $600 million in new resources appropriated in the recently enacted Coronavirus Aid, Relief, and Economic Security Act (CARES Act), Pub. L. No. 116-136, to address coronavirus (COVID-19) prevention, preparedness, and response in American Indian and Alaska Native (AI/AN) communities.

Policy Analysis: The Coronavirus Aid, Relief, and Economic Security Act (CARES Act)

Washington, DC (March 27, 2020) – Today, the President signed the Coronavirus Aid, Relief, and Economic Security (CARES) Act, which is the third phase of legislation in response to the coronavirus pandemic. The CARES Act passed the House of Representatives today and cleared the Senate earlier this week.  The bill provides $1.032 billion to the Indian Health Service (IHS) in critically needed resources to support the Indian Health System during the pandemic, including expanded support for medical services, equipment, supplies and public health education for IHS direct service, tribally operated and Urban Indian Organizations; expanded funding for purchased/referred care; and new investments for telehealth services, electronic health records improvement, and expanded disease surveillance by tribal epidemiology centers.

Overview

Funding

Indian Health Service (IHS)

  • The bill provides $1.032 billion to the Indian Health Service (IHS) in critically needed resources to support the Indian Health System during the pandemic, including expanded support for medical services, equipment, supplies and public health education for IHS direct service, tribally operated and Urban Indian Organizations; expanded funding for purchased/referred care; and new investments for telehealth services, electronic health records improvement, and expanded disease surveillance by tribal epidemiology centers.
  • Not less than $450 million shall be distributed through Tribal shares and Urban Indian Organizations.

Center for Disease Control and Preventions

  • Provides for a total of $4.3 billion for program wide activities and support with no less than $1.5 billion to be made available to States, localities, territories, tribes, tribal organizations, UIOs, or health service providers to tribes. Activities include:
  • Surveillance, Epidemiology, Laboratory Capacity, Infection Control, Mitigation, Communications, Other Preparedness and Response Activities
  • Of this, at least $125 million is to be made available to tribes, tribal organizations, UIOs or health service providers to tribes.

Substance Abuse and Mental Health Services Administration (SAMHSA)

  • A total of $435 million is allocated for Health Surveillance and Program Support for SAMHSA. This includes prevention, preparation, and response to COVID-19.
  • No less than $15 million is to be allocated for tribes, tribal organizations, UIOs or health/ behavioral health service providers to tribes.

Health Resources and Services Administration (HRSA)

  • HRSA Rural Health is appropriated $180 million of which no less than $15 million is to be allocated for tribes, tribal organizations, UIOs, or health service providers to tribes to carry out telehealth and rural health activities.

Legislative Authorizations

Special Diabetes Fund for Indians (SDPI)

  • Reauthorizes SDPI at current funding levels through November 30, 2020. Allocates $25,068,493 for the period from October 1, 2020 to November 30, 2020.

Policy Analysis of House Coronavirus Relief Package

NCUIH Legislative Alert:
Analysis of House Coronavirus Relief Package

Dear UIOs,

Yesterday, the House of Representatives released their latest piece of legislation in response to the novel coronavirus (COVID-19), entitled the Take Responsibility for Workers and Families Act. This bill includes major policy changes NCUIH and UIOs have been working towards, such as 100% FMAP and a fix for the Medicaid clinic “four walls” issue.

NCUIH supports this bill and asks that you please contact your Senators to support the inclusion of UIO-specific authorizing language and emergency supplemental appropriations provisions in the Senate’s coronavirus relief legislation. The Senate is currently working on its next draft of the third coronavirus bill and past drafts have not included authorizing language for 100% FMAP applicability to UIOs.

Below you will find a summary of the relevant provisions to UIOs. Some major pieces include:

The funds in the provisions highlighted below would remain available until September 30, 2021, unless otherwise noted. Provisions with specific references to urban Indian organizations (UIOs) appear highlighted.
Click Here for PDF Version

 

DIVISION A—THIRD CORONAVIRUS PREPAREDNESS AND RESPONSE SUPPLEMENTAL APPROPRIATIONS ACT, 2020

TITLE I—Agriculture, Rural Development, Food and Drug Administration, and Related Agencies

INDIAN HEALTH SERVICE (pages 72- 74)

  • The bill provides for a total of $1,032,000,000 for preparedness, response, surveillance, and health service activities for coronavirus, including for:
    • Urban Indian Organizations
    • Public Health Support
    • Electronic Health Record Modernization
    • telehealth and other IT upgrades
    • Purchased/Referred Care
    • Catastrophic Health Emergency Fund
    • Community Health Representatives
    • Tribal Epidemiology Centers
    • Other activities to protect the safety of patients and staff
  • Not less than $450,000,000 shall be distributed through Tribal shares and contracts with Urban Indian Organizations. Any remaining funding that is not distributed through Tribal shares or UIO contracts “shall be allocated at the discretion of the Director of the Indian Health Service.”
  • When these funds are transferred to tribes and tribal organizations under the Indian Self-Determination and Education Assistance Act (ISDEAA), they will be transferred on a one-time basis (non-recurring), are not part of the amount required by ISDEAA, and may only be used for the purposes of coronavirus preparedness, response, surveillance, and health service activities.
  • Funds may be used to supplement amounts otherwise available under the ‘‘Indian Health Facilities’’ account.
  • In order to use any of these funds to select core components appropriate to support the initial capacity of an Electronic Health Record system, the Committees on Appropriations of the House of Representatives and the Senate must be briefed 90 days in advance of executing a Request for Proposal for the components.
TITLE VIII—DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES

HEALTH RESOURCES AND SERVICES ADMINISTRATION (page 85)

PRIMARY HEALTH CARE

  • $1,300,000,000 for necessary expenses to prevent, prepare for, and respond to coronavirus, for grants and cooperative agreements under the Health Centers Program, as defined by section 330[1] of the Public Health Service Act, and for eligible entities under the Native Hawaiian Health Care Improvement Act, including maintenance of current health care center capacity and staffing levels.RYAN WHITE HIV/AIDS PROGRAM
  • $90,000,000 for the ‘‘Ryan White HIV/ AIDS Program’’ to prevent, prepare for, and respond to coronavirus through modifications to existing contracts and supplements to existing grants and cooperative agreements.[2]
  • Supplements shall be awarded using a data-driven methodology determined by the Secretary of Health and Human Services.

HEALTH CARE SYSTEMS

  • $5,000,000 to prevent, prepare for, and respond to coronavirus, for activities authorized under sections 127 and 1273 of the Public Health Service Act to improve the capacity of poison control centers to respond to increased calls and communications.
  • Of this amount, not less than $15,000,000 shall be allocated to tribes, tribal organizations, urban Indian health organizations, or health service providers to tribes.

RURAL HEALTH

  • $460,000,000 to prevent, prepare for, and respond to coronavirus, including telephonic and virtual care for the underinsured, and for continuation and expansion of telehealth and rural health activities under sections 330A and 330I of the Public Health Service Act and section 711 of the Social Security Act.
  • Not less than $15,000,000 of this amount shall be allocated to tribes, tribal organizations, urban Indian health organizations, or health service providers to tribes.

CENTERS FOR DISEASE CONTROL AND PREVENTION (page 87)
CDC–WIDE ACTIVITIES AND PROGRAM SUPPORT

  • Total of $5,500,000,000 to prevent, prepare for, and respond to coronavirus, domestically or internationally.
  • Not less than $2,000,000,000 of the amount provided shall be for grants to or cooperative agreements with States, localities, territories, tribes, tribal organizations, urban Indian health organizations, or health service providers to tribes, for such purposes including to carry out surveillance, epidemiology, laboratory capacity, infection control, mitigation, communications, and other preparedness and response activities.
  • Every grantee that received a Public Health Emergency Preparedness grant for fiscal year 2019 shall receive not less than 100 percent of that grant level.
  • Of this amount, not less than $125,000,000 of such funds shall be allocated to tribes, tribal organizations, urban Indian health organizations, or health service providers to tribes.
  • The Director of CDC may satisfy the funding thresholds above by making awards through other grant or cooperative agreement mechanisms.
  • $500,000,000 shall be for public health data surveillance and analytics infrastructure modernization.
  • That funds may be used for grants for the rent, lease, purchase, acquisition, construction, alteration, or renovation of non-Federally owned facilities to improve preparedness and response capability at the State and local level.
  • Funds shall remain available until September 30, 2024.

NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES (page 90)

  • $10,000,000 for worker-based training to prevent and reduce exposure of hospital employees, emergency first responders, and other workers who are at risk of exposure to coronavirus through their work duties.

SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION (page 93)
HEALTH SURVEILLANCE AND PROGRAM SUPPORT

  • Total of $435,000,000 to prevent, prepare for, and respond to coronavirus, for program support and cross-cutting activities that supplement activities funded under the headings ‘‘Mental Health’’, ‘‘Substance Abuse Treatment’’, and ‘‘Substance Abuse Prevention’’.[3]
  • Of this amount, not less than $15,000,000 shall be allocated to tribes, tribal organizations, urban Indian health organizations, or health or behavioral health service providers to tribes.
  • $60,000,000 of these funds shall be for services to the homeless population.
  • $50,000,000 of these funds shall be for suicide prevention programs.

CENTERS FOR MEDICARE & MEDICAID SERVICES (page 94)

  • For ‘‘Program Management’’, $550,000,000, to remain available until September 30, 2022 to prevent, prepare for, and respond to coronavirus, of which $100,000,000 shall be for necessary expenses of the survey and certification program, prioritizing nursing home facilities in localities with community transmission of coronavirus.

ADMINISTRATION FOR CHILDREN AND FAMILIES (pages 95-102)
LOW INCOME HOME ENERGY ASSISTANCE

  • $1,400,000,000 for ‘‘Low Income Home Energy Assistance’’

CHILDREN AND FAMILIES SERVICES PROGRAMS (pages 98-102)

  • Total of $5,202,000,000.
  • $2,500,000,000 for activities to carry out the Community Services Block Grant Act
  • $25,000,000 shall be available for grants to support the procurement and distribution of diapers through non-profit organizations
  • Each State, territory, or tribe shall allocate not less than xx percent of its formula award to non-profit organizations
  • $100,000,000 for carrying out activities under the Runaway and Homeless Youth Act

ADMINISTRATION FOR COMMUNITY LIVING (pages 102-103)
AGING AND DISABILITY SERVICES PROGRAMS

  • $1,205,000,000 total to prevent, prepare for, and respond to coronavirus
  • $1,070,000,000 shall be for activities authorized under the Older Americans Act of 1965
    • $200,000,000 for supportive services
    • $720,000,000 for nutrition services
    • $30,000,000 for nutrition services under title 19 VI
    • $100,000,000 for support services for family caregivers under part E of title III
    • $20,000,000 for elder rights protection activities

OFFICE OF THE SECRETARY (pages 104- 109)
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

  • $6,077,000,000 for ‘‘Public Health and Social Services Emergency Fund’’, to remain available until September 30, 2024, to prevent, prepare for, and respond to coronavirus, domestically or internationally, including the development of necessary countermeasures and vaccines, prioritizing platform-based technologies with U.S.-based manufacturing capabilities, the purchase of vaccines, therapeutics, diagnostics, and necessary medical supplies, as well as medical surge capacity, workforce modernization, enhancements to the U.S. Commissioned Corps, telehealth access and infrastructure, initial advanced manufacturing, and related administrative activities 
  • The Secretary may take such measures authorized under current law to ensure that vaccines, therapeutics, and diagnostics developed from funds provided in this Act will be affordable in the commercial market
  • Products purchased with funds appropriated in this paragraph may be:
    • Deposited in the Strategic National Stockpile, at the discretion of the Secretary of Health and Human Services
    • Used for grants for the construction, alteration, or renovation of non-Federally owned facilities to improve preparedness and response capability at the State and local level
    • Used for the construction, alteration, or renovation of non-Federally owned facilities for the production of vaccines, therapeutics, and diagnostics where the Secretary determines that such a contract is necessary to secure sufficient amounts of such supplies
  • Not later than seven days after the date of enactment of this Act, and weekly thereafter until the Secretary declares the public health emergency related to coronavirus no longer exists, the Secretary shall report to the Committees on Appropriations of the House of Representatives and the Senate on the current inventory of personal protective equipment in the Strategic National Stockpile, including the numbers of face shields, gloves, goggles and glasses, gowns, head covers, masks, and respirators, as well as deployment of personal protective equipment during the previous week, reported by state and other jurisdictions
  • $100,000,000,000, to remain available until expended, to prevent, prepare for, and respond to coronavirus, to provide grants to public entities, not-for-profit entities, and Medicare and Medicaid enrolled suppliers and institutional providers, including for profit entities, to reimburse for health care related expenses or lost revenues directly attributable to the public health emergency resulting from the coronavirus
    • Grants shall be awarded in coordination with the Administrator of the Centers for Medicare & Medicaid Services and shall not be used to provide grants to reimburse for health care related expenses or lost revenues that have been reimbursed or are eligible for reimbursement from other sources
  • $4,500,000,000, to remain available until September 30, 2022, to prevent, prepare for, and respond to coronavirus, to reimburse the Department of Veterans Affairs for expenses incurred by the Veterans Affairs health care system to provide medical care to civilians

PUBLIC HEALTH EMERGENCY FUND (page 109)

  • $5,000,000,000 for the ‘‘Public Health Emergency Fund’’to remain available until expended, to prevent, prepare for, and respond to coronavirus, to be deposited into the Public Health Emergency Fund, as established under section 319(b) of the Public Health Service Act.
    • Funds appropriated under this heading in this Act may, at the discretion of the Secretary of Health and Human Services, be deposited in the Strategic National Stockpile

GENERAL PROVISIONS—TITLE I (page 127-133)
SEC. 10803.
(a) Funds appropriated in this title may be made available to restore amounts, either directly or through reimbursement, for obligations incurred by agencies of the Department of Health and Human Services to prevent, prepare for, and respond to coronavirus, domestically or internationally, prior to the date of enactment of this Act.
(b) Grants or cooperative agreements with States, localities, territories, tribes, tribal organizations, urban Indian health organizations, or health service providers to tribes, under this title, to carry out surveillance, epidemiology, laboratory capacity, infection control, mitigation, communications, and other preparedness and response activities to prevent, prepare for, and respond to coronavirus shall include amounts to reimburse costs for these purposes incurred between January 20, 2020, and the date of enactment of this Act.


[1] Sections 330(r)(2)(B), 330(e)(6)(A)(iii), and 330(e)(6)(B)(iii) shall not apply to funds provided under this heading in this Act.
[2] Under parts A, B, C, D, F, and section 2692(a) of title XXVI of the Public Health Service Act. Sections 2604(c), 2612(b), and 2651(c) of the Public Health Service Act shall not apply to funds provided under this heading in this Act.
[3] In carrying out titles III, V, and XIX of the Public Health Service Act.

 

DIVISION G—HEALTH POLICIES

TITLE I—MEDICAID

SEC. 70101. INCREASING FEDERAL SUPPORT TO STATE MEDICAID PROGRAMS DURING ECONOMIC DOWNTURNS.

SEC. 70102. LIMITATION ON ADDITIONAL SECRETARIAL ACTION WITH RESPECT TO MEDICAID SUPPLEMENTAL PAYMENTS REPORTING REQUIRE20
MENTS.

  • During the period that begins on the date of enactment of this section and ends the date that is 2 years after the last day of the emergency period, the Secretary of Health and Human Services shall not take any action (through promulgation of regulation, issue of regulatory guidance, or otherwise) to—
    • (1) finalize or otherwise implement provisions contained in the Medicaid Fiscal Accountability Regulation proposed rule published on November 18, 2019; or
    • (2)promulgate or implement any rule or provision similar to the provisions described in paragraph (1) pertaining to the Medicaid program established under title XIX of the Social Security Act[1] or the State Children’s Health Insurance Program established under title XXI of such Act[2]

SEC. 70103. AUTHORITY TO AWARD MEDICAID HCBS GRANTS TO RESPOND TO THE COVID–19 PUBLIC HEALTH EMERGENCY. (pages 254-268)

  • This section includes UIOs in the definition of “Indian tribe” for purposes of awarding home and community-based services (HCBS) grants. 
  • “Indian tribe.—The term ‘‘Indian tribe’’ means an Indian tribe, a tribal organization, or an urban Indian organization (as such terms are defined in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603)), and includes a tribal consortium of Indian tribes or tribal organizations (as so defined).”
  • GRANTS TO INDIAN TRIBES.
    • During the COVID–19 public health emergency period, the Secretary may award grants to an Indian tribe in the same manner, and subject to the same requirements, as apply to a State, except as otherwise provided in this paragraph.
    • The bill includes information on the application, monthly grant payment amounts, tribal share of monthly HCBS expenditures, and the grant period.

SEC. 70105. COVERAGE AT NO COST SHARING OF COVID–19 VACCINE AND TREATMENT. (pages 269 – 274)

SEC. 70106. OPTIONAL COVERAGE AT NO COST SHARING OF COVID–19 TREATMENT AND VACCINES UNDER MEDICAID FOR UNINSURED INDIVIDUALS. (pages 275 – 276)

SEC. 70107. TEMPORARY INCREASE IN MEDICAID FEDERAL FINANCIAL PARTICIPATION FOR TELEHEALTH SERVICES. (pages 277 – 278)

SEC. 70108. EXTENSION OF FULL FEDERAL MEDICAL ASSISTANCE PERCENTAGE TO INDIAN HEALTH CARE PROVIDERS. (page 278)

  • Extends 100% FMAP to Urban Indian organizations,[3] Indian health care providers[4]
  • Provides a fix for the Medicaid clinic “four walls” issue.
  • The section reads:
    • Section 1905 of the Social Security Act (42 U.S.C. 1396d) is amended—
      • (1) in subsection (a)(9), by inserting ‘‘and including such services furnished in any location by or through an Indian health care provider (as defined in section 1932(h)(4)(A))’’ before the semicolon; and
      • (2) in subsection (b)—
        • (B) by striking ‘‘Indian Health Care Improvement Act)’’ and inserting ‘‘Indian Health Care Improvement Act), or through an urban Indian organization (as defined in section 4 of the Indian Health Care Improvement Act) pursuant to a grant or contract with the Indian Health Service under title V of the Indian Health Care Improvement Act’’.

SEC. 70110. INCREASED FMAP FOR MEDICAL ASSISTANCE TO NEWLY ELIGIBLE INDIVIDUALS. (page 282 – 283)

SEC. 70111. RENEWAL OF APPLICATION OF MEDICARE PAYMENT RATE FLOOR TO PRIMARY CARE SERVICES FURNISHED UNDER MEDICAID AND INCLUSION OF ADDITIONAL PROVIDERS. (page 283- 290)

  • Includes FQHC

SEC. 70114. EXTENSION OF EXISTING SECTION 1115 DEMONSTRATION PROJECTS. (page 292- 295)

  • Upon request by a State, the Secretary of Health and Human Services shall approve an extension of the waiver and expenditure authorities for a demonstration project described in subsection (a) for a period up to and including December 31,2021, to ensure continuity of programs and funding during the emergency period.
EXPEDITED APPLICATION PROCESS.
  • The Federal and State public notice and comment procedures or other time constraints otherwise applicable to demonstration project amendments shall be waived to expedite a State’s extension request pursuant to this section.

SEC. 70118. EXTENSION OF THE COMMUNITY MENTAL HEALTH SERVICES DEMONSTRATION PROGRAM.

  • Extends program end date from May 22, 2020 to November 30, 2020.

[1] 42 U.S.C. 1396 et seq.
[2] 42 U.S.C. 1397aa et seq.
[3] As defined in section 4 of the Indian Health Care Improvement Act.
[4] As defined in section 1932(h)(4)(A) of the Social Security Act.
TITLE II—MEDICARE

SEC. 70201. COVERAGE OF THE COVID-19 VACCINE UNDER THE MEDICARE PROGRAM WITHOUT ANY COST-SHARING. (page 298-300)

SEC. 70202. HOLDING MEDICARE BENEFICIARIES HARMLESS FOR SPECIFIED COVID-19 TREATMENT SERVICES FURNISHED UNDER PART A OR PART B OF THE MEDICARE PROGRAM. (page 300-305)

SEC. 70204. ENHANCING MEDICARE TELEHEALTH SERVICES FOR FEDERALLY QUALIFIED HEALTH CENTERS AND RURAL HEALTH CLINICS DURING THE EMERGENCY PERIOD. (page 305-308)

  • The Secretary shall pay for telehealth services that are furnished via a telecommunications system by an FQHC to an eligible telehealth individual SPECIAL PAYMENT RULE.—
  • The Secretary shall develop and implement payment methods that apply under this subsection to an FQHC that furnishes a telehealth service to an eligible telehealth individual during such emergency period.
  • Such payment methods shall be based on payment rates that are similar to the national average payment rates for comparable telehealth services under the physician fee schedule.
TITLE V—PUBLIC HEALTH POLICIES

Subtitle A—Improving Public Health and Medical Response
PUBLIC HEALTH DATA SYSTEM TRANSFORMATION. EXPANDING CDC AND PUBLIC HEALTH DE PARTMENT CAPABILITIES.—(page 417)

Subtitle B—Tribal Health (pages 435 – 443)
SEC. 70521. IMPROVING STATE, LOCAL, AND TRIBAL PUBLIC HEALTH SECURITY. (pages 435-442)

  • Includes urban Indian organizations’ as eligible entities and describes the determination of funding amount.
  • The Secretary shall award at least 10 cooperative agreements under this section

SEC. 70522. PROVISION OF ITEMS TO INDIAN PROGRAMS AND FACILITIES. (page 442)

  • Ensures that items (drugs, vaccines and other biological products, medical devices, and other supplies) from the Strategic National Stockpile are deployed to urban Indian organizations.

SEC. 319F–5. DISTRIBUTION OF QUALIFIED PANDEMIC OR EPIDEMIC PRODUCTS TO INDIAN PROGRAMS AND FACILITIES. (page 443)

  • Specifically includes urban Indian organizations
  • Secretary distributes qualified pandemic or epidemic products[1] to States or other entities, such products are distributed directly to health programs or facilities operated through an urban Indian organization

SEC. 70542DIABETES PROGRAMS.

  • Extends Special Diabetes Program for Indians (SDPI) to November 30, 2020.
[1] As defined in section 319F–3(i)(7).

Families First Coronavirus Response Act includes $64 Million for Indian Health Service

On March 18, 2020, H.R. 6201 The Families First Coronavirus Response Act (Act) was signed into law. The legislation allocates $64 million to the Indian Health Service to cover the costs of COVID-19 diagnostic testing for Indians receiving care through the Indian Health Service or through an Urban Indian Health Organization. The Act also guarantees coverage of testing for COVID-19 at no cost sharing for Indians receiving contract health services. In addition, the legislation includes $250 million for the Senior Nutrition program in the Administration for Community Living (ACL). This will provide approximately 25 million additional home-delivered and pre-packaged meals to low-income seniors who depend on the Senior Nutrition programs in their communities.

Currently, Congress is working on a third relief package that is expected to pass soon. The package is expected to provide $1.2 trillion in relief to individuals, governments, and industries. The tribal and urban Indian priorities in this package focus on healthcare, health system capacity, economic development, and governance.

Senators Warren and Udall Unveil Bill to Guarantee Tribal Health Authorities Access to the Strategic National Stockpile

Source: https://www.warren.senate.gov/newsroom/press-releases/senators-warren-and-udall-unveil-bill-to-guarantee-tribal-health-authorities-access-to-the-strategic-national-stockpile

Indian Health Service and other tribal health organizations currently lack guaranteed, direct access to federal repository of drugs and medical supplies for emergencies; Legislation would allow the Indian Health Service, tribal health authorities, and urban Indian organizations to access the Strategic National Stockpile and help combat the coronavirus crisis

Text of Bill (PDF) | One-Pager (PDF)

Washington, D.C. — United States Senators Elizabeth Warren (D-Mass.) and Senate Committee on Indian Affairs (SCIA) Vice Chairman Tom Udall (D-N.M.) today unveiled the Tribal Medical Supplies Stockpile Access Act, legislation that would guarantee that the Indian Health Service (IHS), tribal health authorities, and urban Indian organizations have access to the Strategic National Stockpile (SNS), a federal repository of drugs and medical supplies that can be tapped if a public health emergency could exhaust local supplies.

Currently, IHS and tribal health authorities’ access to the SNS is very limited and is not guaranteed in the SNS statute. In contrast, states’ and large municipalities’ public health authorities have ready access to the SNS. The lawmakers’ bill comes as the Department of Health & Human Services (HHS) indicated that IHS is likely to face shortages of necessary equipment as coronavirus disease 2019 (COVID-19) continues to spread.

“We must ensure that IHS, tribal nations, and Native communities are prepared to confront the coronavirus outbreak head-on, and that means ensuring that their health services have access to crucial medical supplies and equipment during public health emergencies,” Senator Warren said. “It is as important as ever to empower Indian Country to tackle a public health crisis, and that is what our bill does.”

“Tribal communities face unique challenges in responding to public health threats — that is why it is critical that we listen and respond to Tribal leaders and experts at IHS who say they are likely to face shortages of essential equipment and medical supplies that are needed to respond to this public health crisis,” said Senator Udall. “We must do everything we can to make sure Tribes don’t bear the worst costs of this public health crisis. This legislation will ensure that IHS facilities, Tribal health departments and urban Indian organizations have access to the emergency medical supplies they need. I will continue to push Congress and the Trump administration to make sure Indian Country has access to federal coronavirus resources and that there is meaningful engagement with Native communities and Tribal leaders in our response to COVID-19.”

The Tribal Medical Supplies Stockpile Access Act is supported by the National Indian Health Board, the National Congress of American Indians, the National Council of Urban Indian Health, United South and Eastern Tribes Sovereignty Protection Fund, Seattle Indian Health Board, and the Friends Committee on National Legislation.

“The COVID-19 pandemic has placed immense pressures on the chronically underfunded and under-resourced Indian health system. Direct access to the Strategic National Stockpile will bring much-needed relief and critical medical and pharmaceutical supplies into IHS, Tribal and urban Indian health facilities to prepare and respond to the current COVID-19 pandemic, and future health emergencies.” — National Indian Health Board

“We are encouraged by the leadership of Senator Warren and Senator Udall to increase health care access for American Indians and Alaska Natives through the Strategic National Stockpile. As the coronavirus continues to have greater impacts, Congress must do everything possible to uphold its trust responsibility to Indian Country by providing appropriate resources including N95 respirators. The stockpile is designed for those who need it most in times of emergency and Indian Country should not be left behind.” — Francys Crevier, Executive Director, National Council of Urban Indian Health

“We are grateful for the leadership of Senator Warren and Senator Udall and recognizing the importance of addressing the COVID-19 pandemic in American Indian and Alaska Native communities. Seattle Indian Health Board is right in the epicenter of the outbreak in the United States, and we continue to do everything possible to limit the spread of the virus while taking every safety precaution for our patients, staff, and community. This has come at the cost of revenue, staff, and resources. But with access to the Strategic National Stockpile, we can mitigate future impacts and continue to be leaders in addressing the COVID-19 pandemic.” — Esther Lucero, Chief Executive Officer, Seattle Indian Health Board

“As a Quaker organization who works to hold the United States to its trust and treaty obligations with Native nations, we thank Senators Warren and Udall for ensuring that American Indians and Alaska Natives are not forgotten during this global pandemic. The chronic underfunding of tribal and urban Indian health organizations has led Indian Country to be ill-prepared for a health crisis of this scale. Access to the Strategic National Stockpile will provide supplies and medicines critical to addressing the COVID-19 outbreak. Congress has a trust obligation to provide health facilities serving American Indians and Alaska Natives with the resources needed to protect the well-being of Native people and communities.” — Kerri Colfer, Congressional Advocate on Native American Policy at the Friends Committee on National Legislation

During her time in the Senate, Senator Warren has worked to protect and advance tribal sovereignty, to emphasize the federal government’s trust and treaty responsibilities to tribal nations, and to affirm Washington’s government-to-government relationship with tribal nations. She has introduced a number of bills to advance the health and welfare of Native peoples, including the Native American Suicide Prevention Act, the American Indian and Alaska Native Child Abuse Prevention and Treatment Act, and the Comprehensive Addiction Resources Emergency (CARE) Act, and has cosponsored other legislation to achieve that goal. She has also unveiled with Congresswoman Deb Haaland (D-N.M.) a proposal for the Honoring Promises to Native Nations Act, legislation that will address chronic underfunding and barriers to sovereignty in Indian Country.

In response to the coming economic downturn due to coronavirus, Senator Warren has called for a $750 billion economic stimulus package that would focus on recovery from the grassroots up, not Wall Street down. Such a package would apply the lessons from the 2008 bailout and provide direct help to families harmed by the coronavirus outbreak, including universal paid leave, increasing Social Security benefits by $200 a month, broad cancellation of student loan debt, and protecting and expanding housing.

 

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Udall Leads Bipartisan Group of Senators Urging Vice President Pence to Ensure Coronavirus Resources for Tribes and Urban Native Communities

Call comes as first case is confirmed in Indian Country, and following Congressional approval of coronavirus emergency funding bill that includes $40 million in funds for Tribes, Tribal organizations and Urban Indian Health Organizations

WASHINGTON — Today, U.S. Senator Tom Udall (D-N.M.). vice chairman of the Senate Committee on Indian Affairs, led a bipartisan group of 27 senators in writing to Vice President Mike Pence requesting the administration meaningfully engage with Native communities and Tribal leaders on their response to the 2019 novel coronavirus (COVID-19).  The senators sent the letter following congressional passage of a coronavirus emergency supplemental appropriations bill that includes $40 million for Tribes, Tribal organizations and Urban Indian Health Organizations impacted by COVID-19.

In addition to Udall, the letter is signed by Senate Democratic Leader Chuck Schumer (D-N.Y.), and U.S. Senators Lisa Murkowski (R-Alaska), Jeff Merkley (D-Ore.), Dan Sullivan (R-Alaska), Ron Wyden (D-Ore.), Bernie Sanders (I-Vt.), Kamala Harris (D-Calif.), Jack Reed (D-R.I.), Tina Smith (D-Minn.), Elizabeth Warren (D-Mass.), Sheldon Whitehouse (D-R.I), Jacky Rosen (D-Nev.), Patty Murray (D-Wash.), Amy Klobuchar (D-Minn.), Martin Heinrich (D-N.M.), Jon Tester (D-Mont.), Dianne Feinstein (D-Calif.), Gary Peters (D-Mich.), Richard Blumenthal (D-Conn.), Tammy Baldwin (D-Wisc.), Cory Booker (D-N.J.), Brian Schatz (D-Hawaii), Debbie Stabenow (D-Mich.), Maria Cantwell (D-Wash.), Catherine Cortez Masto (D-Nev.), and Tammy Duckworth (D-Ill.).

The United States has confirmed COVID-19 cases in a number of states where Tribes and urban Indian communities are located. Given these developments and past issues accessing federal resources for the Zika, Ebola, H1N1, and SARS outbreaks, Tribes and Urban Indian Organizations are concerned that federal COVID-19 response efforts and resources will not reach them.

In their letter to the Vice President, the senators wrote, “As you undertake your work leading the Administration’s 2019 novel coronavirus (COVID-19) response, [we] urge you to meaningfully engage with Native communities and Tribal leaders.”

“The U.S. government has specific trust and treaty responsibilities to provide American Indians and Alaska Natives (AI/ANs) with comprehensive quality healthcare.  While the IHS serves as the primary agency charged with provision of AI/AN healthcare, all federal healthcare-related programs and initiatives – including the COVID-19 response – share equally in the requirement to fulfill these trust and treaty obligations,” the senators continued.

“Additionally, to ensure proper precautions and response measures are deployed efficiently, it is imperative that Tribal and urban Indian health teams have access to Congressionally-allocated COVID-19 resources and the most up-to-date information regarding the presence of COVID-19 in their communities,” wrote the senators.

The full text of the letter can be found below and HERE.

Dear Mr. Vice President,

As you undertake your work leading the Administration’s 2019 novel coronavirus (COVID-19) response, we urge you to meaningfully engage with Native communities and Tribal leaders.  Specifically, we ask that you ensure the Administration: 

– Includes a representative of the Indian Health Service (IHS) on the Administration’s COVID-19 task force;

– Provides Tribal leaders, Tribal health departments, and urban Indian health programs with equal access to COVID-19 related information that is provided to their state and local counterparts; and

– Directs all COVID-19 resources identified by Congress for Native communities’ use to impacted IHS facilities, Tribes, and urban Indian health programs in a timely manner.

The U.S. government has specific trust and treaty responsibilities to provide American Indians and Alaska Natives (AI/ANs) with comprehensive quality healthcare.  While the IHS serves as the primary agency charged with provision of AI/AN healthcare, all federal healthcare-related programs and initiatives – including the COVID-19 response – share equally in the requirement to fulfill these trust and treaty obligations.

Additionally, to ensure proper precautions and response measures are deployed efficiently, it is imperative that Tribal and urban Indian health teams have access to Congressionally-allocated COVID-19 resources and the most up-to-date information regarding the presence of COVID-19 in their communities.  As the IHS noted in its February 24th announcement, the state of the COVID-19 threat “is a rapidly evolving situation, and information is likely to become dated quickly.”[1]  As such, it is incumbent on the Administration to keep Indian Tribes, Tribal health departments, and urban Indian health programs apprised of any relevant developments in real time.

Thank you for your attention to these matters.  We look forward to working with you to uphold the Federal government’s Tribal trust and treaty responsibilities and to engage in meaningful government-to-government relations with Indian Tribes and urban Indian communities regarding the national COVID-19 response.

Sincerely,