The Origin and Application of the Confer Requirement in the Indian Health Care Improvement Act

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Publication Year: 2010
Last Updated: 2016-09-30 14:27:59
Journal: NCUIH
Keywords: NCUIH, Conferring, the Indian Health Care Improvement Act

Short Abstract:

Origin of the “Confer” Requirement – An Agreement Reached with NCUIH and
the Title V Programs. As originally drafted by the Senate Committee on Indian Affairs,
the Indian Health Care Improvement Act reauthorization legislation provided for the
Secretary of Health and Human Services to “consult” (not “confer”) with both tribes and
“urban Indian organizations.” Late in the process, a regional inter-tribal organization
became involved and had, as one of its major concerns, an objection to the application of
the term “consult” with regard to NCUIH and its members. The conflict escalated as
NCUIH felt that it was vital to NCUIH and its membership that they have an elevated
status in IHS deliberations about matters that affect the urban Indian community. The
Senate Committee on Indian Affairs convened several meetings to seek a resolution of
this conflict.

Abstract:

Origin of the “Confer” Requirement – An Agreement Reached with NCUIH and
the Title V Programs. As originally drafted by the Senate Committee on Indian Affairs,
the Indian Health Care Improvement Act reauthorization legislation provided for the
Secretary of Health and Human Services to “consult” (not “confer”) with both tribes and
“urban Indian organizations.” Late in the process, a regional inter-tribal organization
became involved and had, as one of its major concerns, an objection to the application of
the term “consult” with regard to NCUIH and its members. The conflict escalated as
NCUIH felt that it was vital to NCUIH and its membership that they have an elevated
status in IHS deliberations about matters that affect the urban Indian community. The
Senate Committee on Indian Affairs convened several meetings to seek a resolution of
this conflict.

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