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Supreme Court rules U.S. must pay more for Native American tribes' health care (Amy Howe)
https://www.scotusblog.com/2024/06/supreme-court-rules-u-s-must-pay-more-for-native-american-tribes-health-care/OPINION ANALYSIS
Supreme Court rules U.S. must pay more for Native American tribes’ health care
By Amy Howe
on Jun 6, 2024 at 4:19 pm
A divided court ruled in favor of two Native American tribes on Thursday in a dispute over administrative health care costs. (Thomas Hawk via Flickr)
The Supreme Court on Thursday ruled that the federal government must provide additional funding to cover some administrative costs incurred by Native American tribes that operate their own health-care programs. By a vote of 5-4, with Justice Neil Gorsuch – perhaps the strongest ally of Native Americans on the court – providing the deciding vote, the justices upheld two rulings by federal appeals courts in favor of Native American tribes.
Writing for the majority, Chief Justice John Roberts explained that a ruling in favor of the federal government, which had opposed paying the administrative costs, would create a “systemic funding shortfall” for tribes that opted to manage their own health-care programs – “a penalty for pursuing self-determination.”
Justice Brett Kavanaugh, who wrote a dissenting opinion that was joined by Justices Clarence Thomas, Samuel Alito, and Amy Coney Barrett, complained that the court’s decision “could cost between $800 million and $2 billion.”
A federal law known as the Indian Self-Determination and Education Assistance Act gives Native American tribes the option to enter into a contract with the Indian Health Service to run their own health-care programs, which the IHS would otherwise manage. When a tribe chooses this option, IHS gives the tribe the money that it would have used to run those programs. The tribe can also collect money from outside programs like Medicare, Medicaid, and private insurers.
[...]
Supreme Court rules U.S. must pay more for Native American tribes’ health care
By Amy Howe
on Jun 6, 2024 at 4:19 pm
A divided court ruled in favor of two Native American tribes on Thursday in a dispute over administrative health care costs. (Thomas Hawk via Flickr)
The Supreme Court on Thursday ruled that the federal government must provide additional funding to cover some administrative costs incurred by Native American tribes that operate their own health-care programs. By a vote of 5-4, with Justice Neil Gorsuch – perhaps the strongest ally of Native Americans on the court – providing the deciding vote, the justices upheld two rulings by federal appeals courts in favor of Native American tribes.
Writing for the majority, Chief Justice John Roberts explained that a ruling in favor of the federal government, which had opposed paying the administrative costs, would create a “systemic funding shortfall” for tribes that opted to manage their own health-care programs – “a penalty for pursuing self-determination.”
Justice Brett Kavanaugh, who wrote a dissenting opinion that was joined by Justices Clarence Thomas, Samuel Alito, and Amy Coney Barrett, complained that the court’s decision “could cost between $800 million and $2 billion.”
A federal law known as the Indian Self-Determination and Education Assistance Act gives Native American tribes the option to enter into a contract with the Indian Health Service to run their own health-care programs, which the IHS would otherwise manage. When a tribe chooses this option, IHS gives the tribe the money that it would have used to run those programs. The tribe can also collect money from outside programs like Medicare, Medicaid, and private insurers.
[...]