The statutory deadline for Tribes to file claims for Indian Health Service (IHS) contract support cost shortfalls related to third-party program expenditures is coming soon: shortfall claims for FY 2018 must be submitted by September 30, 2024. The IHS Dear Tribal Leader Letter announcing a process for filing these claims and its enclosure is available here.
IHS also recently announced Tribal Consultation on funding methodologies for the payment of contract support costs on third-party program expenditures by Tribes and Tribal Organizations. Consultation will occur over September and October with written comments due on October 11, 2024. The IHS Dear Tribal Leader Letter announcing this Tribal Consultation is available here.
The upcoming Tribal Consultation seeks to implement the June 6, 2024 ruling by the United States Supreme Court in Becerra v. San Carlos Apache Tribe holding that IHS must reimburse tribes for contract support costs incurred under the Indian Self-Determination Act in expending third party income to further the purposes of the contract. This third-party income includes but is not limited to Medicare, Medicaid, and private insurance. This decision could mean that Tribes nationwide are owed an additional $800 million to $2 billion annually, based on IHS estimates.