Indian Health 101

Fulfilling a promise

Welcome to Indian Health 101, an essential training designed to provide a foundational understanding of the unique relationship between American Indian Tribes and the U.S. government as it pertains to health care. The US Government’s healthcare obligation is not one of pity for wrongdoings but an exchange between sovereign nations. The Tribes gave up, though often by force, their lands in exchange for a promise that their people would forever be provided for by the government. This brief yet comprehensive course explores the legal basis for the federal government’s provision of health care to Tribes, rooted in trust responsibilities and treaty obligations and continuously upheld by the Supreme Court and Congress.
Indian law basics

Tribal Nations – The Oldest Governments in North America

When the first colonists arrived, they encountered a continent that was already settled by existing sovereign nations.

This was recognized in Article I, Section 8, Clause 3 of the U.S. Constitutions, which states that the United States Congress shall have power “To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.”

Indian Title

Indians do not have the right to sell land to other individuals, only to the federal government.

This was recognized in Article I, Section 8, Clause 3 of the U.S. Constitutions, which states that the United States Congress shall have power “To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.”

Johnson v. M’Intosh (1823)

Domestic Dependent Nations

“Their relations to the United States resemble that of a ward to his guardian. They look to our Government for protection, rely upon its kindness and its power, appeal to it for relief to their wants[.]”

Cherokee Nation v. Georgia, 30 U.S. 1 (1831)

States Have No Part

“The Cherokee nation, then, is a distinct community, occupying its own territory, with boundaries accurately described, in which the laws of Georgia can have no force … [t]he whole intercourse between the United States and this nation is, by our Constitution and laws, vested in the Government of the United States.”

Worcester v. Georgia, 31 U.S. 515 (1832)

Treaty Obligations

The provisions of services such as health care was included in treaties that Tribes signed with the United States as a condition for giving up their lands.

This formed a very basic relationship: In exchange for land and resources, the federal government agreed to provide for the needs of Tribes.

Ceded Land

Majority AI/AN Counties

This map shows the remaining counties in the US that have a majority population of American Indian and Alaska Natives.
These series of maps demonstrate the significant amount of land ceded from the Tribes to the US Government. But these lands were more than ceded, they were often taken by force with Tribes displaced by armies and with government officials making promises they never intended to keep about further land encroachment. Yet, this land was exchanged and as part of that exchange, the government promised it would provide healthcare for the Tribes and their people.
Historical timeline

The Legal Basis for the Indian Health System

1900
Snyder Act (1900)
In 1921, Congress passed the Snyder Act, which provided:

“The Bureau of Indian Affairs, under the supervision of the Secretary of the Interior, shall direct, supervise, and expend such moneys as Congress may from time to time appropriate, for the benefit, care, and assistance of the Indians throughout the United States.”

1910
Snyder Act (1910)
In 1921, Congress passed the Snyder Act, which provided:

“The Bureau of Indian Affairs, under the supervision of the Secretary of the Interior, shall direct, supervise, and expend such moneys as Congress may from time to time appropriate, for the benefit, care, and assistance of the Indians throughout the United States.”

1920
Snyder Act (1920)
In 1921, Congress passed the Snyder Act, which provided:

“The Bureau of Indian Affairs, under the supervision of the Secretary of the Interior, shall direct, supervise, and expend such moneys as Congress may from time to time appropriate, for the benefit, care, and assistance of the Indians throughout the United States.”

1930
Snyder Act (1930)
In 1921, Congress passed the Snyder Act, which provided:

“The Bureau of Indian Affairs, under the supervision of the Secretary of the Interior, shall direct, supervise, and expend such moneys as Congress may from time to time appropriate, for the benefit, care, and assistance of the Indians throughout the United States.”

1940
Snyder Act (1940)
In 1921, Congress passed the Snyder Act, which provided:

“The Bureau of Indian Affairs, under the supervision of the Secretary of the Interior, shall direct, supervise, and expend such moneys as Congress may from time to time appropriate, for the benefit, care, and assistance of the Indians throughout the United States.”

1960
Snyder Act (1960)
In 1921, Congress passed the Snyder Act, which provided:

“The Bureau of Indian Affairs, under the supervision of the Secretary of the Interior, shall direct, supervise, and expend such moneys as Congress may from time to time appropriate, for the benefit, care, and assistance of the Indians throughout the United States.”

1970
Snyder Act (1970)
In 1921, Congress passed the Snyder Act, which provided:

“The Bureau of Indian Affairs, under the supervision of the Secretary of the Interior, shall direct, supervise, and expend such moneys as Congress may from time to time appropriate, for the benefit, care, and assistance of the Indians throughout the United States.”

1921
Snyder Act 1921
In 1921, Congress passed the Snyder Act, which provided:

“The Bureau of Indian Affairs, under the supervision of the Secretary of the Interior, shall direct, supervise, and expend such moneys as Congress may from time to time appropriate, for the benefit, care, and assistance of the Indians throughout the United States.”

1954
Transfer Act 1954

The Indian health program became a responsibility of the Public Health Service and recognized Tribal Sovereignty

1975
Indian Self-Determination and Education Assistance Act 1975

Codified the principle of Tribal self-governance

1976
Indian Health Care Improvement Act 1976

The cornerstone legal authority for the provision of health care to American Indians and Alaska Natives

1978
Indian Child Welfare Act 1978

Protects the rights of American Indian and Alaska Native children

1986
Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986

Provided strong Federal leadership in establishing effective drug abuse prevention and education programs

1990
Indian Child Protection and Family Violence Prevention Act 1990

Supported tribally operated programs to protect Indian children and reduce the incidents of family violence in Indian country

IHS Discussion

Funding for Indian Health Service

Despite the trust and treaty responsibilities, IHS is
funded as a discretionary program and is reliant on yearly appropriations for continued operations.

It is also only funded at around 56 percent of need. This is a conservative estimate.

This makes it vulnerable to lapses in funding, such as government shutdowns.

Alaska Alabama Arkansas Arizona California Colorado Connecticut Delaware Florida Georgia Iowa Idaho Illinois Indiana Kansas Kentucky Louisiana Massachusetts Maryland Maine Michigan Minnesota Missouri Mississippi Montana North Carolina North Dakota Nebraska New Hampshire New Jersey New Mexico Nevada New York Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Virginia Vermont Washington Wisconsin West Virginia Wyoming Navajo Area Tucson Area
National At Large Vacancies:
ACF, NIH (3 spots)

Funding for Indian Health Service

IHS Budget Appropriation:

FY 2016: $4.8 billion
FY 2017: $5.0 billion
FY 2018: $5.5 billion
FY 2019: $5.8 billion
FY 2020: $6.0 billion

IHS Third-Party Collections
(Federal facilities only):

FY 2016: $968 million
FY 2017: $1.02 billion
FY 2018: $1.09 billion
FY 2019: $1.14 billion

Third Party Revenue

According to a 2019 GAO Report, between Fiscal Year 2013 and Fiscal Year 2018, third party collections at IHS and Tribal facilities increased by $360 million.

Some IHS facilities report that third party revenue accounts for 60 percent or more of their budgets.

Per Capita Spending

2015 IHS Expenditures Per Capita and Other Federal Health Care Expenditures Per Capita

Lower Life Expectancies

On average, AI/ANs born today have a life expectancy that is 5.5 years less than the national average, with some Tribal communities experiencing even lower life expectancy.
For example, in South Dakota in 2014, median age at death for Whites was 81, compared to 58 for American Indians.

Natives experience some of the worst health disparities in the country.

According to IHS data from 2005-2007, AI/AN people die at higher rates than other Americans from a number of ailments.

Alcoholism
552%
Higher
Diabetes
182%
Higher
Unintentional Injuries

138%

Higher
Homicide

83%

Higher
Suicide
74%
Higher
Cervical Cancer
1.2 times
Higher
Pneumonia/Flu
1.4 times
Higher
Maternal Deaths
1.4 times
Higher
Covid-19

Impact of COVID-19 on the AI/AN Community

The COVID-19 pandemic has disproportionately impacted AI/ANs.

By the Numbers

AI/ANs deaths are disproportionate in many of the 27 states that report ethnicity in their COVID data.

New Mexico: AI/ANs are 51.7% of COVID deaths but 10.7% of population.

Montana: AI/ANs are 41.5% of COVID deaths but 8.2% of population.

Wyoming: AI/ANs are 28.3% of COVID deaths but 3.7% of population.

Mississippi: AI/ANs are 2.7% of COVID deaths but 0.8% of population.

Disproportionate Impact

In July, a data visualization of COVID-19 case rates per 100,000 by Tribal Nation created by the American Indian Studies Center at the University of California Los Angeles found that if Tribes were states, the top five infection rates nationwide would all be Tribal Nations.

COVID-19 Impacts on Third Party Revenue

In a hearing before House Interior Appropriations on June 11, 2020, IHS Director Rear Admiral (RADM) Weahkee stated that third party collections have plummeted 30-80% below last year’s collections levels, and that it would likely take years to recoup these losses.

Conclusions

The Indian Health System is a manifestation of the trust responsibility that is owed to AI/AN people by the federal government.
The Indian Health System faces chronic underfunding and must provide care to excessively vulnerable population.
The effects of this underfunding can be seen in the issues faced by AI/AN people.

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We have funding for Tribes!

We have released several grantee opportunities including in areas of Climate Change, Maternal Health, and more! Click below to see all the options.