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Thread: 100 Indian Tribes SOL due to Obamacare

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    100 Indian Tribes SOL due to Obamacare

    @Peter1469

    I am not a contracts person so can you tell me if this is challenge-worthy?

    http://rt.com/usa/obamacare-native-a...insurance-333/

    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.”
    And if we should die tonight
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    Peter1469 (10-21-2013)

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    The definition of Indian in the Affordable Care Act is roiling emotions on reservations and in native enclaves across the country, but U.S. Department of Health and Human Services spokeswoman Erin Shields said the agency is powerless to change it without an act of Congress.

    ...


    The IRS is working with the definition but has not yet decided how the agency will verify who qualifies as Indian or assess the penalty on tax returns, agency spokesman Eric Smith said. The IRS and U.S. Treasury have scheduled a May 29 public hearing on their proposed rules establishing who qualifies for an exemption from the insurance coverage requirement.


    Republican Rep. Tom Cole, a member of the Chickasaw Nation in Oklahoma and one of just two federal legislators who are members of a federally recognized tribe, said he was aware of the concerns and would ensure that care for native people was not compromised as the health overhaul rolls out. He declined to comment about whether he would sponsor a bill to address the issue.

    http://www.cbsnews.com/8301-204_162-57584676/

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    Natives should be able to find help here:

    http://www.ihs.gov/GeneralWeb/HelpCe...rServices/FAQ/

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    Quote Originally Posted by nic34 View Post
    Natives should be able to find help here:

    http://www.ihs.gov/GeneralWeb/HelpCe...rServices/FAQ/

    I'm still not seeing it, I'm just wondering (hence why asking Pete) if they cannot challenge under the treaties.
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    Why were non-natives being covered under IHS to begin with?

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    Quote Originally Posted by junie View Post
    The definition of Indian in the Affordable Care Act is roiling emotions on reservations and in native enclaves across the country, but U.S. Department of Health and Human Services spokeswoman Erin Shields said the agency is powerless to change it without an act of Congress.

    ...


    The IRS is working with the definition but has not yet decided how the agency will verify who qualifies as Indian or assess the penalty on tax returns, agency spokesman Eric Smith said. The IRS and U.S. Treasury have scheduled a May 29 public hearing on their proposed rules establishing who qualifies for an exemption from the insurance coverage requirement.


    Republican Rep. Tom Cole, a member of the Chickasaw Nation in Oklahoma and one of just two federal legislators who are members of a federally recognized tribe, said he was aware of the concerns and would ensure that care for native people was not compromised as the health overhaul rolls out. He declined to comment about whether he would sponsor a bill to address the issue.

    http://www.cbsnews.com/8301-204_162-57584676/
    Yes, but I'm not sure they are powerless. Treaties are law and those treaties pre-exist. @Peter1469 am I wrong or right? Been doing criminal so long I don't know.
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    Quote Originally Posted by Ravi View Post
    Why were non-natives being covered under IHS to begin with?
    They were not non-natives. They are genetically native Americans, per article.
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    Rarely is Indian Affairs involved in tribal enrollment and membership matters. Tribal enrollment is considered an internal matter governed by the tribe in accordance with its rules. Each tribe determines whether an individual is eligible for membership, and each tribe maintains its own enrollment records, including records on past members. To obtain information about your eligibility for membership, you must contact the tribe rather than Indian Affairs.

    http://www.bia.gov/cs/groups/public/...idc-002619.pdf

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    Quote Originally Posted by Alyosha View Post
    They were not non-natives. They are genetically native Americans, per article.
    They had genetic testing done? From what the article says, the ones that are affected belong to tribes not recognized by the federal government.

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    Quote Originally Posted by nic34 View Post
    Rarely is Indian Affairs involved in tribal enrollment and membership matters. Tribal enrollment is considered an internal matter governed by the tribe in accordance with its rules. Each tribe determines whether an individual is eligible for membership, and each tribe maintains its own enrollment records, including records on past members. To obtain information about your eligibility for membership, you must contact the tribe rather than Indian Affairs.

    http://www.bia.gov/cs/groups/public/...idc-002619.pdf
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