Federal Court Allows Breach of Trust Claim A ainst /HS to Proceed
Authors:
Publication Year: 2017
Last Updated: 2017-04-18 13:15:11
Journal: Hobbs, Strauss, Dean & Walker, LLP
Keywords: the U.S. District Court for South Dakota, Rosebud Sioux Tribe v. United States, et al., 3-16-CV-03038-RAL, Tribes, IHS Rosebud Hospital,
Short Abstract:
In a significant decision, the U.S. District Court for South Dakota in Rosebud Sioux Tribe v. United States, et al., 3-16-CV-03038-RAL, recently held that the Tribe's claim that the IHS violated the Federal trust responsibility to provide Indian health care was sufficient to survive a motion to dismiss.
Abstract:
In a significant decision, the U.S. District Court for South Dakota in Rosebud Sioux Tribe v. United States, et al., 3-16-CV-03038-RAL, recently held that the Tribe's claim that the IHS violated the Federal trust responsibility to provide Indian health care was sufficient to survive a motion to dismiss.
The dispute arose after the Centers for Medicare and Medicaid Services (CMS) sent the IHS Rosebud Hospital a Notice of Intent to Terminate the Hospital's Medicare provider agreement because of CMS findings that emergency services at the Hospital presented an immediate and serious threat to the health and safety. The IHS temporarily closed the emergency department at the Rosebud IHS Hospital and entered into a Systems Improvement Agreement with CMS under which the emergency department was later reopened.
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