mmpc - National Indian Health Board

urban Indian organizations that receive grants from IHS under Title V of the IHCIA.
Specific provisions of the IHCIA that would impact contracts between Indian health care
providers and QHPs are cited in various provisions of the Addendum.
7. Non-taxable entity.
Because of provisions in federal law, QHPs may not require Indian Health Care Providers to
collect or remit any federal, state or local taxes.
8. Insurance and indemnification.
The IHS, Tribes and Tribal Organizations and Urban Indian Organizations that qualify are
covered by the FTCA. Since a claim under the FTCA is the exclusive remedy for actions against
Indian health care providers that are covered by the FTCA, those entities are not required to
obtain professional liability insurance.
9. Licensure of Health Care Professionals.
This section safeguards a QHP from state licensing requirements for health care
professionals with respect to Indian providers. IHCIA §221 (25 U.S.C. §1621t) permits an
Indian tribe or tribal organization to employ a health care professional who is subject to licensure
if that individual is licensed in any state. Employees of the IHS obtain their “licensed in any
state” status through other Federal law.
10. Licensure of Provider, eligibility for payments.
This provision waives QHP requirements for State licensing of facilities. IHCIA §408 (25
U.S.C. §1647a) deems a health program operated by the IHS, an Indian tribe, tribal organization
or urban Indian organization to be licensed under state or local law if it meets all requirements
for such license regardless of whether it obtains such a license.
11. Dispute Resolution.
This provision provides that the Indian Health Care Providers agree to meet and confer to resolve
any dispute in good faith, and that any disputes that cannot be resolved in good faith will be
subject to the laws of the United States . The IHS and Tribes are generally not subject to State
laws, and may only be subject to binding arbitration if specifically authorized by law.
12. Governing Law.
Tribes are generally subject to Federal law. This provision states that the QHP agreement and
the addendum shall be governed by Federal law., and that nothing in the agreement shall subject
an Indian tribe, tribal organization, or urban Indian organization to State law to any greater
extent than State law is already applicable.
13. Medical Quality Assurance Requirements.
8/7/12 DRAFT COMPANION TO ADDENDUM – PAGE 5
Comment [A2]: Because of…..
Comment [A3]: Because of…..(federal law?)