The US government has treaty obligations to care for the well-being of Native Americans, but may soon abandon many of its legal responsibilities. President Obama’s health care reform will force thousands of Native Americans to purchase their own health insurance or pay a minimum fine of $695 to the Internal Revenue Service. Indian health advocacy groups estimate up to 480,000 people will be affected, AP reports.
Only those who can prove that they are “Indian enough” will be exempt from the mandate. Native Americans will have to show documentation that they belong to one out of 560 tribes that are federally recognized by the US Bureau of Indian Affairs.
There are more than 100 US tribes that are recognized by states, but not the federal government. Members of these tribes would no longer receive the free or subsidized healthcare that they are guaranteed by the Indian Health Service (IHS), which is a division within the US Department of Health and Human Services.
“This could lead to some tribal citizens being required to purchase insurance or face penalties even though they are covered by the HIS,” Rep. Tom Cole, a Republican congressman and member of the Chickasaw Nation tribe, told AP.
Additionally, Native Americans who do not have documentation of their tribe membership will be forced to purchase insurance or pay a fine. This becomes particularly troublesome for Native Americans under the age of 18, since many tribes only provide official membership to adults. Even if both parents of the minors are members, their healthcare coverage may not apply to their children unless they also have the proper documentation.
The health care reform would also complicate the situation for Native Americans who live in metropolitan areas or suburbs. Some tribal governments require members to live on the reservation to gain documentation, which few people do. Nearly two-thirds of American Indians and Alaska Natives currently live in cities, which hinders their ability to receive membership cards from their tribes.
News of the restrictions that Obamacare will impose upon American Indians has sparked outrage, particularly among those who will face financial consequences due to something that is out of their control.
“I’m no less Indian than I was yesterday, and just because the definition of who is Indian got changed in the law doesn’t mean that it’s fair for people to be penalized,” Liz DeRouen, a Native American who usually receives healthcare at a government-funded clinic in North Carolina, told AP.
“If I suddenly have to pay for my own health insurance to avoid the fine, I won’t be able to afford it.”