NCUIH Bills on FTCA for UIOs Advance Out of House and Senate Committees

On July 29, H.R. 6535 passed the House Natural Resources Committee. “Urban Indian organizations like the ones that serve my constituents in Phoenix are already working off shoestring budgets and shouldn’t have to sacrifice patient care to shell out millions for liability coverage,” said Rep. Ruben Gallego, who introduced H.R. 6535. The bill has also been referred to the House Energy and Commerce and Judiciary Committees where it awaits further action.

On July 29, the Senate Committee on Indian Affairs advanced their companion bill S. 3650 with an amendment to extend FTCA to Native Hawaiians.  The link to the hearing can be found here. The bill awaits further action for consideration before the full Senate, however, due to a full calendar including COVID-19 relief funding and FY21 Appropriations, passage looks unlikely.

On July 22, Robyn Sunday-Allen, NCUIH Vice President and Chief Executive Officer of the Oklahoma City Indian Clinic, testified in front of the House Subcommittee for Indigenous Peoples of the United States. Ms. Allen testified in support of H.R. 6535, the Coverage for Urban Indian Health Providers Act. H.R. 6535 would extend Federal Tort Claims Act (FTCA) coverage to urban Indian organizations (UIOs). Passage of H.R. 6535 would ensure that UIOs achieve parity with the rest of the IHS/tribal health providers/urban Indian organizations system (I/T/U system). Currently, UIOs are the only part of the I/T/U system that do not receive FTCA coverage. This Act, if passed, would save UIOs up to $250,000 a year on medical malpractice insurance-money that could be used to hire additional providers, provide additional programs, and to respond to COVID-19 and future public health emergencies.

NCUIH Vice President Testifies on FTCA Coverage for UIOs

On July 22, Robyn Sunday-Allen, NCUIH Vice President and Chief Executive Officer of the Oklahoma City Indian Clinic, testified before the House Subcommittee for Indigenous Peoples of the United States. Ms. Sunday-Allen testified in support of H.R. 6535, the Coverage for Urban Indian Health Providers Act. H.R. 6535 would extend Federal Tort Claims Act coverage to urban Indian organizations (UIOs).

“At the Oklahoma City Indian Clinic, we spend approximately $200,000 annually on malpractice insurance, money which would be more effective if used to provide culturally competent health care to urban AI/ANs. If UIOs were covered under the FTCA, we would put every one of these dollars back into services including, but not limited to mammograms, pap smears, immunizations (adult and children), and dental sealants,” said Ms. Sunday-Allen.

During the hearing multiple parties expressed support for H.R. 6536:

“This fix would save UIOs up to $250,000 per year in coverage costs, money that can be instead spent directly on patient care. This is especially important during the current crisis which has hit UIOs extremely hard, with over 80 percent of clinics reporting cuts to services due to resource shortages. 70 percent of Native Americans today live in urban settings making our support for urban Indian organizations essential to ensuring that health care is accessible to all native people and that our trust responsibility is upheld.” said Chairman Gallego.

“COVID-19 has had a devastating impact on Native communities. In Chicago, Native Americans chart a 15 percent COVID-19 mortality rate, but we know these numbers could be higher. COVID-19 did not cause these disproportionate outcomes, rather it has exposed longstanding, systemic inequities. We cannot afford to leave urban Indians without access to care during this public health crisis. It’s long overdue to give our Urban Indian Health Centers a boost in resources to ensure our Native communities have access to high-quality health care. The ability of urban Indian organizations to provide cost-effective health services has been jeopardized by the lack of FTCA coverage commonly afforded to other federally funded Indian health programs. This should not be the case, especially during a pandemic,” said Representative Jesús “Chuy” García.

“UIOs are purchasing liability insurance with resources that could be better utilized to expand services available to Urban American Indian and Alaska Native patients. The rising cost of liability insurance and the general cost of providing health care services adversely impact the ability of UIOs to provide needed services. As a result, UIOs have had to substantially reduce or eliminate certain kinds of staff and health services, such as dental services. UIOs are an integral part of the IHS health care system. They provide high quality, culturally relevant health care services and are often the only health care providers readily accessible to Urban American Indian and Alaska Native patients. IHS endorses the policy to extend FTCA coverage to UIOs, which is consistent with the FY 2021 Budget request,” said Rear Admiral Weakhee, IHS Director.

NCUIH is grateful for the support of our Congressional and IHS partners and will continue to push for FTCA coverage and parity for urban AI/ANs and UIOs.

The Senate held a hearing on the companion bill (S. 3650) on July 1, 2020.

NCUIH Endorses COVID-19 Bias and Anti-Racism Training Act from Senator Harris

On July 14, Senator Kamala Harris (D-CA) released the NCUIH endorsed COVID-19 Bias and Anti Racism Training Act. This bill was introduced in order to address the persistent bias in the U.S. healthcare system against Black and Brown people. COVID-19 is disproportionately infecting and killing minority groups, including American Indians and Alaska Natives (AI/ANs).
“Our world has spent the past few months embroiled in battle against a pandemic that is disproportionately affecting communities of color,” said Francys Crevier, Executive Director of the National Council of Urban Indian Health (NCUIH). “The structures which created this country left a legacy of systemic racism that has directly affected the health and well-being of our communities. While the pandemic has only cast a cloud on our communities more recently, Black Americans and Native Americans have been battling for equity for generations. Senator Harris has been a committed leader who is breaking down the structures that have created needless disparities for Black and Brown communities. We hope Congress will act quickly to pass this important legislation to bring more resources to the families who need it most right now.”
The bill would:
  1.  Create a $200 million grant program for hospitals; other health care providers; state, local, Tribal, and territorial public health departments; and urban Indian organizations to establish or improve bias and anti-racism training programs for health care providers treating COVID-19 patients
  2. Prioritize funding for entities in communities with high racial and ethnic disparities in COVID-19 infection, hospitalization, ICU admission, and death rates.
  3.  Require the Secretary of Health and Human Services to collaborate with health care professionals, policy experts specializing in addressing bias and racism within the health care system, and community-based organizations to develop requirements for evidence-based, ongoing bias and anti-racism training.

NCUIH Testimony for House Hearing on Urgent Needs of Indian Country

On July 8, 2020, the House Committee on Energy and Commerce held a hearing titled “Addressing the Urgent Needs of Our Tribal Communities.” The hearing explored how COVID-19 has uniquely impacted Indian Country, exploring critical infrastructure needs, like access to broadband, electricity, and running water, as well as, the disproportionate health impact COVID-19 has had on Indian Country. The National Council of Urban Indian Health (NCUIH) submitted written testimony for the hearing.

Testimony

House Committee on Energy and Commerce – “Addressing the Urgent Needs of Our Tribal Communities” National Council of Urban Indian Health – July 8, 2020

Chairman Pallone, Ranking Member Walden, and Members of the Committee, thank you for holding this important hearing on the urgent needs of tribal members living in urban areas. On behalf of the National Council of Urban Indian Health (NCUIH), which represents 41 urban Indian organizations (UIOs) that serve American Indians and Alaska Natives (AI/ANs) at 74 facilities across the country, we thank you for your commitment to ensuring that the 70% of AI/ANs residing in urban areas have access to critical health care. We appreciate your continued efforts to ensure tribal members in urban areas are included in all relevant legislation. Thank you for allowing us to testify today and for your tireless efforts ensuring that the voices of tribal members living in urban areas are heard.

HEROES Act and Patient Protection and Affordable Care Enhancement Act

NCUIH and the UIOs we represent are grateful for this Committee’s support of American Indians and Alaska Natives in the HEROES Act (H.R. 6800). This bill included the Health Care Access for Urban Native Veterans Act (H.R. 4153) to authorize reimbursement parity for care provided to urban AI/AN Veterans. The HEROES Act also would temporarily authorize 100% Federal Medical Assistance Percentage (FMAP) for UIOs. We appreciate the Committee’s work on the H.R. 1425, the Patient Protection and Affordable Care Enhancement Act because it has the inclusion of the Urban Indian Health Parity Act (H.R. 2316), which would make 100% FMAP for UIOs permanent, creating parity across the Indian health system. This will not only help the families served by these programs, but will inject additional funding support into states – allowing them to better handle this crisis. We support the inclusion in the HEROES Act funding of $1 billion for third-party relief, however, we urge Congress to include the full amount of $1.7 billion as recommended by the coalition of national Native American organizations.

The Impact of COVID-19 on Indian Country

There is a pressing need for the health care services provided by UIOs. Urban AI/ANs experience disproportionate rates of chronic diseases and are therefore more likely to need access to health care. Urban AI/ANs are 3 times more likely to have diabetes, more than 1.5 times more likely to have been hospitalized for respiratory infections in the past, and more than 1.5 times more likely to have coronary heart disease than non-Hispanic whites. These chronic diseases have been identified by the Centers for Disease Control as risk factors for serious illness or death due to COVID-19. In addition, Urban AI/ANs are also 3 times more likely to be uninsured, are more likely to have AIDS, and are less likely to be vaccinated than Non-Hispanic Whites. Urban AI/ANs also face 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. Funds are needed to provide culturally competent care in order to address these disparities, the policy fixes below will free up additional funding which UIOs can use to provide additional services to urban AI/ANs.

Parity for UIOs

Decades of underfunding of the IHS system coupled with the recent COVID-19 pandemic have highlighted the urgency of rectifying the long-standing inequities UIOs face. UIOs do not have parity with IHS and Tribal Health Providers in many cost saving programs. UIOs already operate on thin financial margins and receive funding from a single line item, which is less than 1% of the total IHS budget. This chronic underfunding is exacerbated by UIOs inability to participate in essential cost-saving measures. UIOs are unable to be fully reimbursed for the services they provide to urban AI/ANs, they have to pay hundreds of thousands of dollars for medical malpractice insurance, and they do not receive reimbursement from the Department of Veterans Affairs (VA) for services provided to urban AI/AN Veterans. Implementing simple policy fixes including 100% FMAP, Federal Torts Claim Act (FTCA) coverage, and reimbursement for services provided to urban AI/AN veterans would be a step toward ensuring that the federal government’s Trust Responsibility to provide health care for urban AI/ANs is fulfilled.

First, when UIOs provide services they are unable to fully recover their costs because the services are not reimbursed at 100% Federal Medical Assistance Percentage (FMAP).  In the IHS/Tribal Health Provider/Urban Indian Organization (I/T/U) system, only UIOs have been excluded from the 100% FMAP rate. In effect, the federal government only covers 100% of the cost of Medicaid services for AI/ANs receiving those services at an IHS or tribal facility and skirts full responsibility if an individual happens to receive the service in an urban area. 100% FMAP reimbursement has allowed IHS and Tribes to receive reimbursement at higher rates and for additional services, allowing IHS and tribal providers to reinvest the money they have saved into the Indian health system. UIOs providing services to tribal members residing in urban areas are unable to receive full FMAP reimbursement for the services they provide. This is a dereliction of the trust obligation to urban Indians and significantly reduces the rate UIOs receive from states for Medicaid services – leading to considerably less funding for UIOs as compared to their counterparts in the IHS system. The HEROES Act would temporarily authorize 100% FMAP for services at UIOs during the pandemic, however, the need for 100% FMAP is continuous and does not end when the pandemic ends. The Urban Indian Health Parity Act included in H.R. 1425, the Patient Protection and Affordable Care Enhancement Act would make 100% FMAP permanent and would ensure parity among the I/T/U system.

Second, UIOs do not have parity with the rest of the I/T/U system because they are forced to expend millions of dollars each year for malpractice insurance because they do not receive FTCA coverage like employees at IHS and tribal facilities. Extending FTCA coverage to UIOs is a simple legislative fix that has strong bipartisan support and the benefits would be significant. A single UIO may pay as much as $250,000 annually in medical malpractice insurance, funds which could instead be used to invest in better health outcomes for their communities or to prepare for public health emergencies like the one we are currently facing. By freeing up federal funding for UIOs, they would be better able to serve their communities with high-quality health care. For instance, some UIOs have reported to NCUIH that they are hesitant to hire additional providers or provide additional services as they cannot cover the costs of additional medical malpractice insurance, even as they are prepared to cover the new salaries and related costs. This directly and substantially limits the services UIOs can provide to their patients as the cost of adding providers or new services to malpractice insurance policies can be the sole prohibition to service expansion.

NCUIH urges this Committee to extend FTCA coverage to UIOs and to support the Coverage for Urban Indian Health Providers Act (H.R. 6535). The Senate recently held a legislative hearing considering S. 3650, their companion bill. This bipartisan legislation would extend FTCA coverage to UIOs and would ensure parity among the I/T/U system. Passing this legislation would enable UIOs to put the money they currently spend on malpractice insurance towards providing additional services, hiring additional staff, hiring specialists, responding to COVID-19, and providing living wages to UIO staff.

UIOs also need reimbursement parity with IHS and Tribal Health Providers when providing care to AI/AN Veterans. The rest of the I/T/U system receives reimbursement from the VA for services provided to AI/AN veterans, however, the VA does not reimburse UIOs for care provided to AI/AN Veterans living in urban areas. Most AI/AN Veterans live in urban areas and would benefit from the culturally competent care provided at UIOs. Studies have shown veterans are more likely to receive care if they can choose where that care is received – and UIOs provide the only culturally competent care available in many communities. If UIOs receive reimbursement from the VA they can provide more culturally competent services to urban AI/AN veterans. AI/ANs serve in the military at higher rates than any other group and they deserve to receive care regardless of where they choose to live. The Senate recently passed S. 886, the Indian Water Rights Settlement Extension Act, which included S. 2365, the Health Care Access for Urban Native Veterans Act of 2019. This bill would allow the Indian Health Service and the U.S. Department of Veterans Affairs to enter into agreements for the sharing of medical facilities and services with urban Indian organizations. The House companion, H.R. 4153, was included in the HEROES Act and we are grateful for your support for the HEROES Act and urban AI/AN Veterans.

Permanently Reauthorize SDPI

No one should have to choose to between paying for their insulin or paying their rent. Thankfully the Special Diabetes Program for Indians (SDPI) is ensuring access to health care. The vital services provided by the SDPI are invaluable and have proven success in decreasing diabetes prevalence in the American Indian/Alaska Native populations that are most susceptible. As our nation battles a pandemic exacerbated by diabetes, it is imperative that the SDPI be reauthorized for the long-term to ensure better outcomes for the patients and families who depend on this critical care.

The CDC has noted diabetes as one of the pre-existing conditions that increase a person’s risk for a more serious COVID-19 illness. Diabetes rates among American Indians and Alaska Natives are twice the rates of the national average, placing AI/AN communities at significantly higher risk of contracting a more severe COVID-19 infection.Congress established the SDPI to address high rates of Type-2 diabetes among American Indians and Alaska Natives. It has worked. SDPI is one of the most successful public health programs ever implemented. Because of SDPI, rates of End Stage Renal Disease and diabetic eye disease have dropped by more than half. A report from the Assistant Secretary for Preparedness and Response found that SDPI is responsible for saving Medicare $52 million per year. Despite its great success, SDPI has been flat-funded at $150 million since 2004 and has lost over a third of its buying power to medical inflation.

Right now, SDPI is set to expire on November 30, 2020. Many short-term extensions have caused significant distress for SDPI programs and have created undue challenges for our patients and community members. They have also led to the loss of providers, curtailing of health services, and delays in purchasing necessary medical equipment due to uncertainty of funding – all while Indian health care programs also battle the COVID-19 pandemic. A permanent reauthorization would ensure UIOs have the necessary funds to address diabetes and the increased risk it poses for a more serious COVID-19 illness.

Urban Indian Facilities Funding

A national investment in Indian health facilities construction funding is necessary. UIOs are unable to receive funding from the IHS Health Care Facilities Construction Priority program, the Maintenance & Improvement IHS budget line item, or participate in the agency’s Joint Venture Construction Program. As a result, UIOs have had to take out loans and collect donations in order to build and maintain health facilities for a growing population.  UIOs thus have to spend millions to build, repair, and maintain their facilities—millions that could be going to increased services for their patients. Many UIOs are located in aging buildings – for example, the facility in Denver, CO is in a more than 50-year old building. Without access to facilities funding like that available to IHS and tribal facilities, UIOs must use their already limited resources on facilities. Equitable construction and facility support funding for UIOs can be accomplished by including language authorizing a new budget line item to address UIO infrastructure needs.

Not all UIOs use the Accreditation Association for Ambulatory Health Care (AAAHC) or Joint Commission, yet the Indian Health Care Improvement Act only ties facilities renovation for accreditation, not for urgently needed changes or changes related to COVID-19. A common sense change is to remove the barriers to this language to ensure UIOs can use facility funds without restrictions.

A need exists for a UIO future facilities assessment as created in IHCIA but which has not been completed.  Absent this, it is nearly impossible to know the full extent of needs of one of the three components of the IHS health system – which is a failure of the federal obligation.

Include UIOs in the National Community Health Aide Program

Although UIOs are eligible for the Community Health Aide Program CHAP under the national expansion policy authorized in the Indian Health Care Improvement Act (IHCIA) and IHS official properly initiated Urban Confer with UIO in 2016, IHS changed its position in 2018 and further excluded UIOs from the consultation and confer process. IHS asserts that UIOs are excluded simply because they are not explicitly included in the statutory language of the nationalization of CHAP. UIOs are eligible for other similarly situated programs under IHCIA, including the Community Health Representative program, and Behavioral Health and Treatment Services programs. UIOs are explicitly named in the statement of purpose in IHCIA, included throughout its Subchapter 1 on increasing the number of Indians entering the health professions and to assure an adequate supply of health professionals involved in the provision of health care to Indian people. CHAP is are proven program and utilizing it to the fullest extent permissible within the entire Indian health system will increase the availability of health workers in AI/AN communities. Because the purpose of IHCIA explicitly includes UIOs, the interpretation and implementation of any policy that implements IHCIA must be read to include UIOs when they are not explicitly excluded.

Establish a UIO Confer Policy for HHS

Currently, only IHS has a legal obligation to confer with UIOs.  It is imperative that the many branches and divisions within HHS and all agencies under its purview establish a formal confer process to dialogue with UIOs on policies that impact them and their AI/AN patients living in urban centers. Urban confer policies do not supplant or otherwise impact tribal consultation and the government-to-government relationship between tribes and federal agencies.

We commend IHS for the agency’s invaluable partnership and tireless efforts to disseminate resources to Tribes and UIOs as expeditiously as possible. Unfortunately, funds have been needlessly tied up for weeks – and in more than instance months – by other agencies, thereby creating unnecessary barriers to pandemic response at UIOs. Compounding on this, only IHS has a statutory requirement to confer with UIOs, which has enabled other agencies to ignore the needs of urban Indians and neglect the federal obligation to provide health care to all AI/ANs – including the more than 70% that reside in urban areas. In fact, NCUIH has been unsuccessful at facilitating dialogue between numerous federal agencies and UIO-stakeholders, despite several attempts. This is not only inconsistent with the government’s responsibility, but is contrary to sound public health policy. Agencies have been operating as if only IHS has a trust obligation to AI/ANs, and that causes an undue burden to IHS to be in all conversations regarding Indian Country in order to talk with agencies. It is imperative that UIOs have avenues for direct communication with agencies charged with overseeing the health of their AI/AN patients, especially during the present health crisis.

Include UIOs in Advisory Committees with Focus on Indian Health

When UIOs are not expressly included within statute to participate in tribal advisory workgroups or committees, they are prohibited from participating in a voting role or excluded altogether. UIO inclusion in critical advisory committees on Indian health is necessary to reflect the reality of the majority of the AI/AN population, as more than 70% of AI/ANs living in urban centers today. Without explicit inclusion of UIO representation in statute, workgroups using the Federal Advisory Committee Act (FACA) intergovernmental consultation exemption exclude UIO leaders in their charters by default. For UIO leaders to participate in advisory committees without impacting the intergovernmental exemption to FACA, Congressional action is needed.

Establish a $1.7 billion Emergency Third-Party Reimbursement Relief Fund for Indian Health Service (IHS), Tribal Programs, and Urban Indian Organizations.

By being forced to cancel much of the routine care UIOs conduct, billable services have significantly declined, eliminating or severely reducing third-party reimbursement. That source of funding is critical to maintain UIOs’ operations, facilities and staffs. It is of the utmost importance that these funds be available to UIOs and that this does not create yet another lack of parity in the IHS system.

Third-party reimbursements from Medicare, Medicaid, the Veterans Health Administration, and private insurance are integral to the fiscal stability of Urban Indian Organizations (UIOs) and to the Indian health system as a whole. Unfortunately, the COVID-19 pandemic is upending this system. As states enact shelter-in-place ordinances, require health care providers to cancel all non-emergent procedures to prepare for the COVID-19 surge, and continue social distancing guidelines, UIOs must encourage patients to stay home if they are able, reducing in-person visits and thus third-party dollars with them. The removal of all this routine care is leaving only non-billable services, eliminating the ability to seek third-party reimbursement that is critical to maintaining operations.

While UIOs are trying to transition more towards remote health service delivery mechanisms like telehealth, these services are not consistently reimbursed at the same level as in-person care. UIOs are experiencing millions in lost third-party reimbursement as a result. UIOs need the ability to access relief funds for the purpose of covering past or current COVID-19 healthcare expenses, and to compensate for shortfalls in third-party reimbursement dollars as a result of the pandemic. Because each tribe, tribal organization, and UIO’s financial situation is unique, we urge the creation of a $1.7 billion relief fund, and whereby Indian health programs can submit claims for relief funding based on their health care service needs or losses related to COVID-19.

Ensure Parity in Medicare Reimbursement for Indian Health Care Providers.

I/T/U facilities are experiencing significant economic disruption and loss of third party revenues, including Medicare billing, as a result of the COVID-19 pandemic. This crisis is exacerbated by the fact that Indian Health Care Providers are not fully reimbursed for the cost of providing Medicare covered services. Unlike other Medicare providers, Indian health care providers do not bill the AI/AN Medicare patients they serve. This means that as a general rule, Indian health care providers only receive 80 percent of reasonable charges, and are not paid the remaining 20 percent by their patients. As a result, I/T/U facilities are only being paid 80 cents on the dollar by the Medicare program compared to other providers. This legislation is needed to ensure that the United States reimburses Indian Health Care Providers in full for Medicare services they provide to AI/AN people, and to ensure that AI/AN people can seek services outside the Indian health system without having to face significant cost-sharing burdens they may not be able to afford. The United States has a federal trust responsibility to provide health care for AI/ANs, and cost-sharing requirements are inconsistent with this obligation. Medicaid exempts AI/ANs from cost-sharing, and Medicare should do the same.

Expand Telehealth Capacity Building for I/T/U

As UIOs have shifted to respond to the pandemic, telehealth and telemedicine capacity has become an essential component of health care delivery and something for which UIOs must expend considerable resources. IHS has allocated $95 million for telehealth capacity building at I/T/U facilities – but UIOs have not yet seen this funding, despite the immediate need. For instance, one facility has resorted to the purchase of old phones for patients to enable them to access telemedicine visits offsite. This funding is needed now to address these immediate concerns in the middle of the crisis and to prepare for the additional waves of the virus in the immediate future, as public health officials predict.

Advanced Appropriations

When limited UIO funding is delayed or cut off during events such as a government shutdown, there are devastating effects upon a UIOs ability to provide health care. IHS and funded programs must receive advance appropriations. To illustrate, UIOs are so chronically underfunded that during the 2018-2019 shutdown, several UIOs had to reduce services, lose staff or close their doors entirely, forcing them to leave their patients without adequate care. In a UIO shutdown survey, 5 out of 13 UIOs indicated that they could only maintain normal operations for 30 days. For instance, Native American Lifelines of Baltimore is a small clinic that received three overdose patients during the last shutdown, two of which were fatal. IHS gives them just less than $1,000 total for mental health services for both facilities. To say the funding is inadequate is an understatement.

Conclusion

The House Committee on Energy and Commerce has long been a proponent of health care for urban AI/ANs. We appreciate your support for urban AI/ANs in the HEROES Act as well as in the Patient Protection and Affordable Care Enhancement Act. Too often, tribal members living in urban areas are forgotten and left behind, this Committee is working to ensure that the Trust responsibility to urban AI/ANs is upheld. Thank you for inviting us to testify and for your continued support of health care for urban AI/ANs.

Indian Health Service Endorses Urban Indian Health Federal Tort Claims Act Bill at Senate Indian Affairs Hearing

NCUIH provided written testimony for the legislative and oversight hearing on COVID-19 in Indian Country. Many members of the Senate Indian Affairs Committee expressed support for urban Indian health parity.

WASHINGTON, DC (July 1, 2020) – Today, the Senate Committee on Indian Affairs (SCIA) held an oversight hearing on “Evaluating the Response and Mitigation to the COVID-19 Pandemic in Native Communities” and a legislative hearing on S. 3650, the Coverage for Urban Indian Health Providers Act.  NCUIH Vice President Robyn Sunday-Allen, who is also the CEO of the Oklahoma City Indian Clinic, submitted written testimony emphasizing the importance S. 3650, which has been exacerbated by the COVID-19 pandemic.

S. 3650 is a bipartisan bill – introduced by Senators Lankford, McSally, Smith, and Udall– that includes a technical fix to provide parity in the Indian Health Service (IHS) system by extending Federal Tort Claims Act (FTCA) coverage to urban Indian organization (UIO) employees such that UIOs would no longer need to utilize limited federal funds to purchase costly malpractice insurance.

During the hearing, many Senators emphasized the critical nature of this legislative fix to help expand resources for urban Indian health services.  Chairman Hoeven offered remarks on S. 3650 and stated that “Urban Indian organizations are not offered malpractice liability protections that are already provided to IHS and Tribal health programs’ employees. Urban Indian organizations are providing culturally competent care to natives living in urban areas.” Senator Udall stated the FTCA bill is an “excellent example of the type of practical bipartisan solution we should all be pushing for. This bill not only creates parity with the IHS system but also helps urban Indian health programs reduce operating costs due to COVID-19 budget related shortfalls.”  IHS Director RADM Michael Weahkee also expressed support mentioning that the “IHS endorses the policy to extend Federal Tort Claims Act Coverage to UIOs, which is consistent with [IHS’] FY 2021 budget request”.

S. 3650 represents a technical fix that has long enjoyed broad bipartisan support, including from both sides of the aisle and both Chambers of Congress as well as from the Administration and the Tribal Budget Formulation Work Group. IHS facilities and Tribal Health Programs, as well as Community Health Centers, already receive FTCA coverage.

A recording of the hearing can be found here.

Next Steps

Given S. 3650’s broad support across the aisles, in both chambers, and by Indian Country, NCUIH will continue to advocate for its swift passage in the next COVID-19 package, which the Senate is expected to take up later in July.

Background Information

 

Testimony

July 1, 2020

Senate Committee on Indian Affairs

Legislative Hearing to Receive Testimony on S. 3650

Testimony of Robyn Sunday-Allen, Vice President

National Council of Urban Indian Health (NCUIH)

 

My name is Robyn Sunday-Allen and I am the Vice President of the National Council of Urban Indian Health (NCUIH), which represents the 41 Urban Indian Organizations (UIOs) across the nation who provide high-quality, culturally-competent care to Urban Indians, constituting over 70% of all American Indians/Alaska Natives (AI/AN). I also serve as the Chief Executive Officer of the Oklahoma City Indian Clinic, a permanent program within the IHS direct care program and a UIO, which provides culturally sensitive health and wellness services including comprehensive medical care, dental, optometry, behavioral health, fitness, nutrition, and family programs to our patients. I would like to thank both Chairman Hoeven and Vice Chairman Udall for holding this legislative and oversight hearing during this unprecedented pandemic, which has especially impacted Indian Country. My testimony is regarding S. 3650, Coverage for the Urban Indian Health Providers Act, and how it would improve health care outcomes for Oklahoma City’s Urban Indian community.

S. 3650 will close a major disparate gap in the Indian Health Service (IHS) system by extending Federal Tort Claims Act (FTCA) coverage to UIOs. FTCA for UIOs was also included in President Trump’s FY 2021 budget and the Tribal Budget Formulation Workgroup’s FY 2021 and FY 2022 budget recommendations. Both in this esteemed Chamber and in the House of Representatives, the Coverage for Urban Indian Health Providers Act has enjoyed broad support, both geographically and across political parties. This extensive support shows that one thing is clear across the board: FTCA coverage must be extended to UIOs, especially at a time when it is needed most.

At the Oklahoma City Indian Clinic, we spend approximately $200,000 annually on malpractice insurance, money which we would rather invest in our services. If UIOs were covered under the FTCA, we would put every one of these dollars back into services to include preventative care, such as: mammograms, pap smears, immunizations (adult and children), and dental sealants, among other services.

We are not alone in needing these funds even more during the COVID-19 pandemic. Many UIOs fear for our staff and have been forced to institute hiring freezes as we stretch every dollar as far as it will go. In fact, 83% of UIOs initially reported they had been forced to reduce their services, and 9 UIOs have reported hiring freezes.

Extending FTCA coverage to UIOs is a simple legislative fix, but the benefits would be significant. A single UIO may pay as much as $250,000 annually in medical malpractice insurance, funds which could instead be used to invest in better health outcomes for their communities or to prepare for public health emergencies like the one we are currently facing. By freeing up federal funding for UIOs, they would be better able to serve their communities with high-quality health care. For instance, some UIOs have reported to NCUIH that they are hesitant to hire additional providers or provide additional services as they cannot cover the costs of additional medical malpractice insurance, even as they are prepared to cover the new salaries and related costs. This directly and substantially limits the services UIOs can provide to their patients as the cost of adding providers or new services to malpractice insurance policies can be the sole prohibition to service expansion.

The federal government maintains a trust obligation to tribes and AI/ANs, which originates in treaties wherein the U.S. promised certain duties to Native populations in exchange for the lands which make up this great Nation; included among these duties is the provision of health care services. The Indian Health Care Improvement Act recognized that the federal trust responsibility to provide health care to AI/AN people does not end at the borders of a reservation and that it extends to AI/ANs who reside in urban areas. It was also under this Act that Congress formally recognized UIOs as the entities to further the fulfillment of the federal government’s responsibilities to Urban Indians. UIOs are an integral component of the IHS system, which facilitates the provision of essential health care services through its three components: Indian Health Service facilities, Tribal Health Programs, and UIOs, commonly referred to as the “I/T/U” system. Each component of the I/T/U system has a significant role to play in providing AI/ANs with high-quality, culturally-competent care. UIOs not only offer a wide range of critical services, which include clinical and behavioral health services, but they are also often the only places in urban settings where Urban Indians can receive traditional care services and function as centers for cultural activities in inter-tribal settings.

Although UIOs are an integral component of the IHS system, UIOs still have to fight to receive parity with the other two components of the I/T/U system. If UIOs are not explicitly included in Indian health care legislation, they are most often implicitly excluded, with the ultimate result that UIOs do not receive the resources they need to provide care to their communities. This is a failure of the trust responsibility.

As it stands, all employees and eligible contractors at IHS and tribal facilities are treated as federal employees for the purpose of medical malpractice liability. This is true for Community Health Center employees and volunteers as well. Unlike these similarly-situated health centers, UIOs must use their limited federal funding to purchase expensive medical malpractice insurance out-of-pocket.

Even absent the current Public Health Emergency, UIOs face disproportionate hardship as they attempt to stretch every dollar to care for a population with higher risks of chronic disease. AI/ANs face significant health disparities, including diabetes, cancer, and heart disease.[1]  Many of these disparities place AI/ANs at a higher risk for serious COVID-19 complications. With over 70% of AI/ANs living in urban areas, and with the highest rates of COVID-19 taking place in areas of high population density, many UIOs are the central care delivery sites for communities with compounded risks.  UIOs receive direct funding from only one line item – and are not eligible for other critical IHS funding, including Health Care Facilities, Sanitation, Purchased/Referred Care, and Equipment, to name a few. Facing a pandemic with decades of underfunding made it clear in the earliest stages of the pandemic that UIOs would need a substantial amount of emergency resources in order to meet the needs of Urban Indians. Congress acted swiftly to support UIOs and the entire IHS system through emergency supplemental appropriations. We are grateful for the support, and cannot emphasize enough how essential these resources have been to positive health outcomes for Urban Indians.

In order to both maximize the value of the money Congress has appropriated to UIOs, and to ensure other critical needs are met, it is imperative that UIOs have access to critical cost-saving measures like FTCA coverage. UIOs have reported that they would use their medical malpractice savings for additional Personal Protective Equipment, infrastructure improvements to ensure proper distancing between patients and staff, hiring additional providers, and expanding available services. All of these are imperative to help UIOs prevent and treat COVID-19 among their patients and communities, while preparing for future Public Health Emergencies.

We thank Congress for your support of UIOs during this Public Health Emergency and we urge you to keep FTCA coverage for UIOs front of mind as your work diligently on the next COVID-19 package. We are grateful for the Committee’s continued support of Urban Indians and dedication to improving the health outcomes of Indian Country.

[1] National Center for Health Statistics. Health, United States, 2015: With Special Feature on Racial and Ethnic Health Disparities. Hyattsville, MD. 2016.

Senators Udall and Smith Highlight Need for Parity for Urban Indian Health in Remarks on Senate Floor

Remarks from Senators Tom Udall and Tina Smith

July 1, 2020

Today, Senators Tom Udall and Tina Smith spoke on the Senate floor about the importance of providing parity for urban Indian health and providing resources for all of Indian Country

Excerpt from Senator Udall

Watch Clip

70 percent of Native Americans live in urban settings. Yet the Medicaid reimbursement rate for urban Indian health facilities is lower than the federal reimbursement rate. We need to balance the scales and help the 41 urban Indian health facilities across the nation expand their services.

Full Remarks from Senator Udall

We here in Congress must focus our work on helping these communities. We must take on the long standing systemic reasons that these communities entering this crisis are entering at a greater risk and we must enact real reform so that the next time when the next pandemic or economic downturn hits. It’s not these same communities that once again bear the brunt of the disaster.

Today, Mr. President, I want to focus our attention on American Indian and Alaska Native communities, communities where infection and mortality rates are much higher than the overall U.S. population. Communities that can’t escape the economic hardships this pandemic has caused. We already knew that pandemics like this take an awful toll on native communities. This was true 100 years ago during the 1918 flu pandemic when Native Americans died at four times the rate of rest of the country.

This was true a decade ago during the 20, 19, H1N1 outbreak. When Native Americans died at the same high rates, it’s unforgivable that the administration was not better prepared. The underlying reasons that native peoples, whether living on tribal lands, urban settings or elsewhere, are at risk are multifaceted, but they are all rooted in historic, systemic injustice.

First and foremost, many Native Americans do not have ready access to quality health care despite the federal government’s trust and treaty obligations to provide it. Trust and treaty obligations take on taken on by this government in exchange for millions of acres of land and countless lives lost on the large rural reservations and remote Alaskan Native villages, the nearest health care facility might be hours away. And when you get there, if you can get there, they often — there aren’t often doctors enough or nurses or hospital beds enough, these logistical barriers are compounded by the chronic history.

Native communities also face the highest rates of underlying conditions like diabetes, heart and lung disease, asthma and obesity. That result in worse culvert 19 outcomes. Battles over water rights and underinvestment and tribal infrastructure have compounded the problems.

We all know that washing our hands is a critical measure to prevent the spread of culvert 19, yet tribal communities are three point — seven times more likely to lack complete indoor plumbing than other U.S. households. On the Navajo Nation, which is confronting one of the worst corona virus outbreaks in the nation. 18 percent of households don’t have complete indoor plumbing. And so again, it’s no surprise that researchers have already found that covered 19 cases are more likely to occur in tr ibal communities with a higher proportion of homes lacking indoor plumbing.

We also know that social distancing is key to preventing spread of the virus. Yet almost one in six native households are overcrowded, making social distancing not just difficult but physically impossible for many families. All these institutional barriers create and combine to create a perfect storm.

These barriers aren’t the result of chance. They’re the result of policy. It is these institutional barriers that we must acknowledge and finally address so that this pandemic is not one more example of the United States failure to meet our obligations.

This time must be different. We must meet our responsibilities and help build a more just and equitable society. Throughout this crisis.

Native communities have fought back, they are resilient. They have fought back hard. For example in my home state of New Mexico and in Arizona and Utah. The Navajo Nation has imposed strict curfews to spread.

To prevent the spread, they’ve ramped up testing despite the complete lack of testing supplies in the beginning and they have now as of today, tested about 25 percent of their population compared to 10 percent nationally, but tribal responses to the pandemic have been repeatedly. Underfunding of the Indian Health Service, which many of us have fought for years to correct, and while we’ve made progress, the IHS budget still only covers an estimated 16 percent of need and as a result of centuries of discriminatory land, agricultural and environmental policies, Native communities also Face the highest rates of underlying conditions like diabetes, heart and lung disease, asthma and obesity that result in worse culvert 19 outcomes. Battles over water rights and underinvestment and tribal infrastructure have compounded the problems.

We all know that washing our hands is a critical measure to prevent the spread of culvert 19, yet tribal communities are three point — seven times more likely to lack complete indoor plumbing than other U.S. households. On the Navajo Nation, which is confronting one of the worst corona virus outbreaks in the nation. 18 percent of households don’t have complete indoor plumbing. And so again, it’s no surprise that researchers have already found that covered 19 cases are more likely to occur in tr ibal communities with a higher proportion of homes lacking indoor plumbing.

We also know that social distancing is key to preventing spread of the virus. Yet almost one in six native households are overcrowded, making social distancing not just difficult but physically impossible for many families. All these institutional barriers create and combine to create a perfect storm.

These barriers aren’t the result of chance. They’re the result of policy. It is these institutional barriers that we must acknowledge and finally address so that this pandemic is not one more example of the United States failure to meet our obligations.

This time must be different. We must meet our responsibilities and help build a more just and equitable society. Throughout this crisis.

Native communities have fought back, they are resilient. They have fought back hard. For example in my home state of New Mexico and in Arizona and Utah. The Navajo Nation has imposed strict curfews to spread.

To prevent the spread, they’ve ramped up testing despite the complete lack of testing supplies in the beginning and they have now as of today, tested about 25 percent of their population compared to 10 percent nationally, but tribal responses to the pandemic have been repeatedly. I’ve fought hard for funding targeted for tribes when the administration offered nothing for tribes. We secured over 10 billion in the care sector. When the administration fumbled distribution of tribal funding?

Missing the statutory deadline for distribution by almost two months Congress and the tribes pushed back because tribes are in crisis days matter. It took a lawsuit in a federal court order for tribes to get their share of the 8 billion set aside for them under the care Sec. And today, the Senate Indian Affairs Committee will hold an oversight hearing on implementation of federal programs to support tribal culvert, 19 prevention containment and response efforts. Tribal witnesses will testify tha t policies and practices at FEMA. The CDC herself and a number of other federal agencies have made tribal access to federal culvert 19 resources much harder, whether it’s denying tribes access to corona virus surveillance data, creating a confusing business team bureaucracy for requesting emergency medical supplies or delaying access to grant funds.

This administration continually makes the decisions that disadvantage Native communities. Decisions that threaten native lives and prolong this country’s legacy of systematic, systemic injustice, the administration must do better and Congress must do much more. Each day, we fail to act to advance policies.

To address the disparities faced by Indian Country is the day we fail to uphold our oath of office. The Republican Senate majority has delayed far too long infections are on the rise. The U.S. has surpassed every other nation in the world in the spread and death and destruction of this virus.

20 million Americans are out of work, the highest unemployment level since the Great Depression. State, local and tribal. Governments and health care systems across the nation are shuttering essential services and furloughing essential workers. None of this should come as news to the Republican majority inaction in the face of this disaster is unconscionable.

This body must get down to business that we’re here and we’re elected to do. It’s long past time we pass another. Hamstrung by this administration and Congressional inaction as vice chair of the Senate Indian Affairs Committee. I’ve fought hard for funding targeted for tribes when the administration offered nothing for tribes.

We secured over 10 billion in the care sector when the administration fumbled distribution of tribal funding. Missing the statutory deadline for distribution by almost two months Congress and the tribes pushed back because tribes are in crisis days matter. It took a lawsuit in a federal court order for tribes to get their share of the 8 billion set aside for them under the care Sec. And today, the Senate Indian Affairs Committee will hold an oversight hearing on implementation of federal program s to support tribal culvert, 19 prevention containment and response efforts.

Tribal witnesses will testify that policies and practices at FEMA. The CDC and a number of other federal agencies have made tribal access to federal culvert 19 resources much harder, whether it’s denying tribes access to corona virus surveillance data, creating a confusing business team bureaucracy for requesting emergency medical supplies or delaying access to grant funds. This administration continually makes the decisions that disadvantage Native communities. Decisions that threaten n ative lives and prolong this country’s legacy of systematic, systemic injustice, the administration must do better and Congress must do much more.

Each day, we fail to act to advance policies. To address the disparities faced by Indian Country is the day we fail to uphold our oath of office. The Republican Senate majority has delayed far too long infections are on the rise.

The U.S. has surpassed every other nation in the world in the spread and death and destruction of this virus. 20 million Americans are out of work, the highest unemployment level since the Great Depression. State, local and tribal. Governments and health care systems across the nation are shuttering essential services and furloughing essential workers.

None of this should come as news to the Republican majority inaction in the face of this disaster is unconscionable. This body must get down to business that we’re here and we’re elected to do. It’s long past time we pass another.

We must infuse IHS with additional funding for tribal healthcare and ensure it has parity in accessing federal programs. We must provide tribal governments with the resources they need to keep their communities up and running safely. By providing 20 billion in additional targeted funding within the Treasury’s corona virus Relief Fund, the Senate should pass bills I’ve introduced that have already been adopted by the House of Representatives and its heroes package which was passed over six weeks ago.

We must make our strategic stockpile available to tribes. Tribes should be able to access PPE ventilators and other necessary medical equipment just as states can. We must make sure that tribes have equal access to the Centers for Disease Control and their resources to prepare for public health emergencies like this pandemic.

70 percent of Native Americans live in urban settings. Yet the Medicaid reimbursement rate for urban Indian health facilities is lower than the federal reimbursement rate. At other IHS facilities, we need to balance the scales and help the forty three urban Indian health facilities across the nation expand their services and as so much of our lives move to the Internet.

We must make sure that native schools, health care facilities and government services are not left on the wrong side of the digital divide. All tribes must have access to high speed broadband. Mr. President, this public health and economic crisis has hit us all hard, but we shouldn’t deny that some communities have been hit harder. We need to send immediate relief to those communities that have been so severely hurt, including Native communities and we need to set our sights on genuinely taking on this systemic and institutional barriers these communities have faced for far too long.

We can — we should — we must do better. Mr. President, I yield the floor and notice absence of a quorum.

Full Remarks from Senator Smith

I rise today with my colleague, the Senator from New Mexico, Tom Udall to call for urgent action by Congress to respond to the needs of tribal nations and urban Indigenous communities. During the COVID-19 pandemic, we have not done enough.

We have not lived up to our shared trust and treaty obligations and in this moment, we are called upon to respond to the historic injustice and systems of oppression and institutional violence that are harming communities of color and Indigenous people. Over the last month, people in Minnesota and across our country have focused our attention on the deep, systemic inequities that black and brown and indigenous people face, and this injustice is not new. It is as old as the colonization of our country by colleagues.

This is a unique moment. This public health crisis presents us with an opportunity to show that we are serious about repairing the damage done by our broken promises to sovereign, tribal nations and urban Indigenous communities. Some have said that COVID-19 is the great equalizer, but we know that covered hits hardest.

Those without a safe place to call home, those struggling with low wages and poverty and lack of health care and black brown and indigenous people living with the trauma of having their identity and their very humanity called into question even before this virus spread. The impact of covered on Native communities has been devastating. Native people have been hospitalized for COVID-19 it at five times the rate of white people.

In mid-May, the Navajo Nation reached a higher per capita infection rate than any other hotspot in the country. So why is it that cove? It is hitting tribal nations so hard well, despite repeated calls from tribal leaders and urban Indigenous leaders.

Over the past few decades, the federal government has stood by and allowed the budget for Indian health services to dwindle. We’ve neglected Indian housing programs and we’ve ignored growing health inequities. The federal institutions dedicated to serving Indian Country are not broken.

Unfortunately, these institutions have never been adequate to live up to our trust and treatment responsibilities and they represent a broken promise. The federal government’s failure has life and death consequences for native people, for their health and for their. Think of this striking statistic, unemployment in the Indigenous community in the Twin Cities is at a terrible Forty seven percent higher than any other group in our state. Within tribal nations, the economic impact of the corona virus is equally devastating. Early this spring, tribal governments in Minnesota and all around the country made the difficult decision to voluntarily close tribal enterprises in order to protect public health.

As a result, they lost significant government revenue and also experienced massive unemployment not only for their members, but for members. From the surrounding communities and this lost revenue meant that tribal governments were forced to scale back essential services like nutrition assistance, nutrition assistance for elders public safety and education programming. So in the cares act, Congress agreed to eight billion dollars in emergency relief to help tribes respond to coated even after Congressional action though tribal governments have had to continue fighting to get their fair share of those dollars, the Trump administration argued that some of this relief Should go to for profit, Alaska native corporations.

And then it took the Treasury Department 40 days to distribute just the first 60 percent of the funds to tribes and not until two weeks ago, almost three months after passage of the CARES Act did tribal governments receive the rest. To be clear, these funds cannot be used to replace lost revenue. So Mr. President, we have so much work to do to fulfill our commitment to Indigenous people and the simple proposition that Native families should have equal access to health care and housing and opportunity.

As white Americans when I speak to tribal leaders in my state about this cycle of historic underinvestment and inequity and broken promises, I mean, I share their frustration. I don’t know how anybody couldn’t.

Indigenous leaders in Minnesota know that a lack of housing on tribal lands leads to overcrowding, which increases the risk of contracting covered and tribes have asked over and over again for sufficient funding for an enhanced housing programs and they shouldn’t have to ask any more indigenous leaders Know a lack of access to health care and substance abuse disorder treatment leads to chronic health conditions like diabetes and heart disease and asthma, which worsen covered symptoms. Tribes have asked over and over again for sufficient funding to address these health inequities and they shouldn’t have to ask anymore. Indigenous leaders know that a lack of access to credit and capital prevents urban Indigenous households and folks living on tribal land from building wealth like their white neighbors who can more easily.

Therefore, weather the storm of unemployment Native communities have asked over and over again to enforce fair lending laws and to ensure act. Thank you Mr. President, I yield the floor.

Senate Indian Affairs Announces Hearing for this Wednesday on COVID-19 Impacts in Indian Country and Consideration of the NCUIH Bill to Expand Resources for Urban Indian Health

The Senate Indian Affairs Committee will host an oversight and legislative hearing on S. 3650 on Wednesday, July 1 at 2:30pm in 562 Dirksen. The oversight hearing will cover “Evaluating the Response and Mitigation to the COVID-19 Pandemic in Native Communities”.

The Committee will consider recently introduced bipartisan legislation (S. 3650) to expand Federal Tort Claims Act (FTCA) coverage to urban Indian organizations, giving them a desperately needed boost in resources as many suffer critical supply shortages, closures, and financial hardship as a result of the COVID-19 pandemic. The Coverage for Urban Indian Health Providers Act (S.3650), would amend the Indian Health Care Improvement Act to create parity within the Indian Health System. This is a companion bill to H.R. 6535, introduced on April 17, 2020 by Rep. Ruben Gallego (D-AZ) and Rep. Markwayne Mullin (R-OK).

NCUIH has been advocating for swift passage of the FTCA fix (S. 3650 / H.R. 6535) for urban Indian organizations, which will free up thousands of dollars for patient care.

WITNESSES:

Panel I

  • THE HONORABLE RADM MICHAEL D. WEAHKEE, Director, Indian Health Service, U.S. Department of Health and Human Services, Rockville, MD
  • MR. ROBERT J. FENTON, JR., Regional Administrator, Region 9, Federal Emergency Management Agency, U.S. Department of Homeland Security, Washington, DC

Panel II

  • MR. SCOTT DAVIS, Executive Director, North Dakota Indian Affairs Commission, Office of the Governor, State of North Dakota, Bismarck, ND
  • MS. LISA ELGIN, Secretary, National Indian Health Board, Washington, DC (Virtual Witness)

https://www.indian.senate.gov/hearing/oversight-hearing-evaluating-response-and-mitigation-covid-19-pandemic-native-communities

NCUIH Facilitates First Ever Listening Session Between UIOs and CDC on Response to COVID-19

On June 25, the Centers for Disease Control and Prevention (CDC) held the first virtual listening session for Urban Indian Organizations (UIOs) to express their needs and identify gaps related to the COVID-19 response. The purpose of the session was for the CDC to hear about the needs of UIOs during this pandemic. This event was coordinated by CDC and the National Council of Urban Indian Health (NCUIH).

The CDC officials that participated were Dr. José Montero, Director of the Center for State, Tribal, Local, and Territorial Support, and Captain Carmen “Skip” Clelland, Director of the Office of Tribal Affairs and Strategic Alliances. The session was facilitated by NCUIH’s Sunny Stevenson, Senior Manager of Federal Relations, and Jamie Ishcomer-Aazami, Deputy Director.

UIOs expressed concern about distribution of and access to vaccines once they are developed; the need for flexible funding in order to make infrastructure improvements to accommodate social distancing requirements and coronavirus testing; and the need for Urban Indians to be included in data about the coronavirus. Often American Indians and Alaska Natives (AI/ANs) are labeled as “others” and AI/AN data cannot be distinguished. UIOs requested that CDC and other agencies institute an urban confer policy with UIOs. They also requested recurring listening sessions with CDC. Captain Clelland confirmed that CDC will work with NCUIH to coordinate a second listening session.

The Coronavirus Aid, Relief, and Economic Security (CARES) Act provides that “not less than $125,000,000 shall be allocated to tribes, tribal organizations, urban Indian health organizations, or health service providers to tribes” for “CDC-Wide Activities and Program Support”. The law states that the funding shall be for grants or cooperative agreements to carry out surveillance, epidemiology, laboratory capacity, infection control, mitigation, communications, and other preparedness and response activities.

CDC has yet to disseminate any CARES Act funds to UIOs, or announce an opportunity for UIOs to apply for them, even though the CARES Act was signed into law on March 27, 2020.

NCUIH Endorses New SDPI Legislation from Senators McSally, Murkowski, Sinema

On June 11, 2020, Senator Martha McSally (R-AZ) introduced a new bill which would reauthorize the Special Diabetes Program for Indians (SPDI) for five years and would raise funding for the program to $200 million per year. The bipartisan bill is cosponsored by Senators Lisa Murkowski (R-AK) and Krysten Sinema (D-AZ).

In support of the bill, NCUIH Executive Director Francys Crevier stated, “Thank you to Senators McSally, Murkowski and Sinema for their continued leadership in helping Indian Country during an essential time. No one should have to choose to between paying for their insulin or paying their rent. Thankfully the Special Diabetes Program for Indians is ensuring access to health care. The vital services provided by the SDPI are invaluable and have proven success in decreasing diabetes prevalence in the American Indian/Alaska Native populations that are most susceptible. As our nation battles a pandemic exacerbated by diabetes, it is imperative that the Special Diabetes Program for Indians be reauthorized for the long-term to ensure better outcomes for the patients and families who depend on this critical care.”

American Indians and Alaska Natives (AI/ANs) have a greater chance of having type 2 diabetes than any other group. SDPI is an extremely successful program for both Tribes and for Urban Indian Organizations (UIOs).

Background

The Special Diabetes Programs for Indians Reauthorization Act of 2020

  • Reauthorizes funding for the SDPI for 5 years, from fiscal years 2021 through 2025.
  • Provides an increase in funding from $150 million to $200 million per year.
  • Allows tribal awardees to have the option to receive SDPI funds through self-governance contracts, cooperative agreements, or compact under the Indian Self-Determination and Education Assistance Act (ISDEAA).

https://www.mcsally.senate.gov/news/press-releases/mcsally-introduces-bill-to-reauthorize-the-special-diabetes-program-for-indians

Text of the bill can be found HERE.

Center for American Progress Recommends Urgent Action to Address the Chronic Underfunding of the Indian Health Service System and Disparities in Urban Indian Health

On June 18, 2020 the Center for American Progress, a Washington DC based think tank, released report on the COVID-19 response in Indian Country. The detailed report focuses on 7 key areas for addressing health inequities in Indian country during the pandemic: inclusion in COVID-19 data; addressing bureaucratic barriers; supporting tribal economies; addressing the underfunded Indian health system; developing critical infrastructure; funding tribal public safety and justice needs, and restoring tribal homelands. The report highlighted how underfunded the Indian health system was prior to COVID-19 and elaborated on how much stress Urban Indian Organizations (UIOs) have been under since the pandemic began.

The report included recommended policy solutions for better funding and supporting Indian Health Service (IHS). Topping the list of solutions is increasing funding for IHS and prioritizing urban Indian health. The other solutions mirror those UIOs have been asking for: access to the Strategic National Stockpile; reauthorization of the Special Diabetes Program for Indians (SDPI); to include pharmacists; licensed marriage and family therapists, and licensed counselors as eligible providers for Medicare reimbursement; extending Medicare telehealth waivers; and removing restrictions and barriers for UIOs. Most importantly, the report calls for the inclusion of UIO-specific language in all Indian health system related legislation to ensure UIOs receive the resources intended.

Key Highlights

Recommendation: Address the chronic underfunding of the Indian Health Service system

The IHS is the federal agency that oversees and provides health care to AI/AN communities through Indian tribes, tribal organizations and urban Indian organizations, together known as the I/T/U system. Before COVID-19, the IHS was already so underfunded that expenditures per patient were just one-fourth of the amount spent in the veteran’s health care system and one-sixth of what is spent for Medicare.33 IHS facilities are, on average, understaffed by 25 percent.34 Now, the IHS is scrambling to provide crisis services to a vulnerable and hard-hit constituency with its stretched-thin staff, inadequate facilities, and severe lack of funds.

While the CARES Act provided $1 billion to the IHS, unmet needs are estimated at $32 billion.35 Federal assistance during the pandemic has not been forthcoming; the Sault Ste. Marie Tribe of Chippewa Indians, for example, received only two test kits for a tribe of 44,000 people.36 The Oyate Health Center, a major health provider in Rapid City, South Dakota, which transitioned into tribal management in 2019, received almost no tests, PPE, or cleaning supplies.37 The Seattle Indian Health Board was sent body bags when it asked for more medical supplies to fight COVID-19.38 Urban Indian organizations are some of the worst hit, with 83 percent forced to reduce services and almost half unable to deliver medicine.39 Overwhelmed facilities are forced to fly patients into larger cities for treatment and must foot the transportation bill.40

The I/T/U system requires an urgent injection of funds and investment in capacity, but the likelihood of a prolonged COVID-19 pandemic lasting months or years necessitates that the federal government not renege on its duties to support the treatment of diabetes, asthma, substance abuse, and other immunocompromising diseases that are increasing the AI/AN fatality rate.

Immediate policy solutions:
  • Increase immediate funding to the IHS and prioritize urban Indian health, including access to the national service supply center for essential testing equipment; equipment purchases and replacements; and IHS hospitals and health clinic on-site treatment capacity
  • Expedite the reauthorization of the IHS Special Diabetes Program for Indians (SDPI) and other programs that deal with immunocompromising conditions that require uninterrupted care
  • Provide all I/T/U facilities access to the Strategic National Stockpile and Public Health Emergency Fund
  • Include pharmacists, licensed marriage and family therapists, licensed counselors, and other providers as eligible provider types under Medicare for reimbursement to I/T/U facilities in order to lessen the burden of mental health on immunity
  • Extend waivers under Medicare for the use of telehealth in Indian Country
  • Remove restrictions and barriers on care provision through urban Indian health organizations
Long-term policy solutions:
  • Increase funding for the IHS and strengthen coordination among federal, tribal, state, and local health agencies
  • Fund job-training programs to address staff shortages through the Indian Health Care Improvement Act
  • Provide a tax incentive for IHS professionals similar to other public sector health workers
  • Ensure an explicit mention of urban Indian organizations in I/T/U-related legislation to combat the invisibility of urban AI/AN suffering

https://www.americanprogress.org/issues/green/reports/2020/06/18/486480/covid-19-response-indian-country/