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mmpc - National Indian Health Board

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Draft Report: Currently being circulated for Tribal leader and health director<br />

review and comment. Please provide comments by October 30, 2012 to Liz<br />

Heintzman at the <strong>National</strong> <strong>Indian</strong> <strong>Health</strong> <strong>Board</strong> at EHeintzman@nihb.org.<br />

operating procedures that can be used by CMS to guide policy formation and Tribal consultation.<br />

Such procedures should be based on values and principles that promote the federal trust<br />

responsibility for health care and Tribal consultation.<br />

Budget request: $40,000 for the first year to develop the standard operating procedures.<br />

Funds will be used to support the completion of this task by a qualified consultant or Tribal<br />

Organization, and any partner meetings needed to develop mutually agreed upon standard<br />

operating procedures. An additional $15,000 per year is requested to monitor compliance<br />

and evaluate the effectiveness of the standard operating procedures.<br />

Examples of such values and principles include:<br />

CMS recognizes that the tribal healthcare delivery system is politically, legally, and culturally<br />

unique and that policies developed specifically for <strong>Indian</strong> healthcare can be designed to apply<br />

only to <strong>Indian</strong> health programs, and will not be considered to set precedent for other types of<br />

healthcare delivery system.<br />

It is a well-settled canon of construction that federal laws enacted for the benefit of <strong>Indian</strong> Tribes<br />

are to be given a liberal interpretation, and that doubtful expressions are to be resolved in favor<br />

of <strong>Indian</strong> interests.<br />

Absent express statutory prohibition, CMS shall engage in Tribal consultation and implement<br />

Tribal recommendations made during such consultations, regarding any CMS policies and actions<br />

that:<br />

1. Have Tribal implications, or<br />

2. Have substantial direct effects on<br />

a. one or more <strong>Indian</strong> Tribes, or<br />

b. the relationship between the Federal Government and <strong>Indian</strong> Tribes, or<br />

c. the distribution of power and responsibilities between the Federal<br />

Government and <strong>Indian</strong> Tribes.<br />

CMS will develop enrollment strategies that maximize AI/AN participation in Medicaid, Medicare,<br />

and CHIP, and health insurance exchanges, and will work collaboratively with I/T/Us to carry out<br />

identified strategies.<br />

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