Centers for Medicare & Medicaid Services Administrator Seema Verma looks at President Donald Trump in this ASSOCIATED PRESS photo. Trump’s administration contends that by classifying Natives as a race rather than organized tribal governments, they would not be exempt from Medicaid work rules. EVAN VUCCI/ASSOCIATED PRESS
Trump administration wants tribal people to work for Medicaid benefits
WASHINGTON – U.S. Health and Human Services officials want states to settle the question of whether citizens of Native American tribes should get jobs to keep their health care after the Donald Trump administration said in April that tribes are a race rather than separate governments.
The administration contends that by classifying Natives as a race rather than organized tribal governments, they would not be exempt from Medicaid work rules. This new challenge to tribal sovereignty has sparked by an unusual split between the HHS’ politically appointed administrators and legal counsel, according to an article by Politico.com.
This issue has also raised concerns in Congress and alarmed tribes that say it reverses centuries of protections enshrined in the Constitution and upheld by the Supreme Court.
“This decision by the U.S. Department of Health and Human Services is troubling and undermines longstanding policy and law that recognize tribes as sovereign governments, not racial classifications,” Cherokee Nation Secretary of State Chuck Hoskin Jr. said. “This understanding is the very basis of the laws that apply uniquely to tribes and that have been upheld by the courts time and time again. HHS is demonstrating a breathtaking lack of understanding of this fundamental and bedrock concept in Indian law. I intend to object directly to agency officials at the next HHS tribal advisory committee meeting in May.
HHS Secretary Alex Azar, the agency’s former general counsel, has told tribal leaders that state Medicaid administrators will be able to work with tribal governments on designing any employment requirements. Tribes had requested to be exempted from new Medicaid work rules being introduced in several states, citing sovereign status. But the Trump administration rejected the request, saying in January it amounted to an illegal racial preference.
Eastern Band of Cherokee Indians Principal Chief Richard Sneed said his tribe’s citizenship differentiates tribal people and tribal governments from other racial minorities.
“As principal chief of the Eastern Band of Cherokee Indians, I am a leader and a citizen of a sovereign tribal nation,” he said. “The Eastern Band – like other Indian tribes – sets its own laws that define the standards for being an Eastern Band Cherokee. This citizenship – we also say membership or enrollment in a tribal sovereign – separates tribal people and tribal governments from others who may be racial minorities.”
Sneed added that the U. S. Supreme Court affirmed this status in 1974 in Morton v. Mancari, a case about the constitutionality under the Fifth Amendment of hiring preferences given to Indians within the Bureau of Indian Affairs. The Supreme Court held that the hiring preferences established by the U.S. Congress “were not violative” of the Due Process Clause of the Fifth Amendment.
“Indians” under federal law are citizens of Indian tribes, not persons of a racial minority as recognized in the U.S. Constitution,” Sneed said.
CN citizen Mary Smith, who was acting head of the Indian Health Service during the Obama administration, said the United States has a legal responsibility to provide health care to Native Americans.
“It’s the largest prepaid health system in the world,” she said. “They’ve paid through land and massacres, and now you’re going to take away health care and add a work requirement?”
Native Americans’ unemployment rate of 12 percent in 2016 was nearly three times the U.S. average, partly because jobs are scarce on reservations. Low federal spending on the IHS has also left tribes dependent on Medicaid to fill coverage gaps.
“Work requirements will be devastating,” Smith said. “I don’t know how you would implement it. There are not jobs to be had on the reservation.”
Republican Congressman Tom Cole, who is a Chickasaw Nation citizen and the chairman of the House Appropriations Subcommittee that holds the purse strings for HHS and the Centers for Medicare & Medicaid Services, has warned the HHS to reverse course.
“I am concerned that both HHS and CMS are unwittingly about to kick off what may be decades of expensive and needless litigation with tribes and other parties,” Cole wrote as part of a legal memo prepared by the Chickasaw Nation.
“There’s no way I’m ever going to support something that describes tribes as racial groups and not sovereign governments," Cole said to Politico. “If Republicans (with tribal expertise) don’t push back hard…I think HHS will stumble into a big fight that they don’t need.”
TAHLEQUAH – The Cherokee Nation on June 20 celebrated the opening of the Cherokee National Peace Pavilion, located just east of the Cherokee National Capitol building.
According to a CN press release, more than 200 guests joined tribal officials for a ribbon-cutting ceremony and reception commemorating the 175th anniversary of an 1843 intertribal peace gathering.
In 1843, a similar structure housed the intertribal peace gathering when then-Principal Chief John Ross saw the need for tribal governments to come together and stand united on issues that would ensure the survival of Native people. It is estimated 10,000 people attended the 1843 meeting.
“Now more than ever, it is important for our people and our community to have a place where we can join together in the name of peace,” Principal Chief Bill John Baker said. “It is an honor to dedicate this pavilion alongside our brothers and sisters from the Eastern Band of Cherokee Indians and the United Keetoowah Band of Cherokee Indians, as we continue to work together, support one another and unify our voice for the good of our people.”
The Cherokee National Peace Pavilion is 4,600 square feet and can accommodate around 1,000 people. In addition to beautifying the downtown area, the multipurpose space will host community events, live music performances, markets and outdoor cultural classes.
The pavilion’s design pays tribute to the gathering by interpreting the look of the large log structure that hosted what Ross called “the most important Indian council ever held on the American continent.” The original structure was built after the Indian Removal Act to house the reformed Cherokee government, and the grounds later became home to tribe’s Capitol Square.
According to a previous Cherokee Phoenix story, Builders Unlimited officials said the estimated cost of the pavilion was $500,000. CNB officials said CNB paid for the site and Cultural Tourism would manage it.
In addition to opening the pavilion, Cherokee Nation Cultural Tourism is hosting an exhibit about the 1843 intertribal peace gathering at the Cherokee National Supreme Court Museum through November 2019. The exhibit provides a look at the momentous gathering, including who attended and what was discussed. The Cherokee National Supreme Court Museum is open from 10 a.m. to 4 p.m. Tuesday through Saturday and is at 122 E. Keetoowah St.
TAHLEQUAH – After waiving his Cherokee Nation rights to employee privacy, John Ross Baker publicly admitted on June 18 that he was the nurse responsible for a lapse in protocol by incorrectly administering medications and potentially exposing patients to blood borne pathogens.
“I, John Baker, RN, am deeply sorry that my actions have caused such anxiety to these families. When I understood that I may not have been following proper procedures, I immediately began working with health care professionals to identify any mistakes that may have been made and cooperated in every possible way and then I resigned,” Principal Chief Bill John Baker’s 34-year-old son said in a written statement. “I love caring for patients and would never knowingly put anyone at risk. My late mother was a nurse and I feel as though I inherited her passion for caring for others. I believe I was called to the nursing profession and I hope to serve patients with the same concern and compassionate care as she did, and I’ve always hoped she would be proud of the man I am. She and my father always taught me to take responsibility for my actions.”
According to a CN press release, Hastings Hospital CEO Brian Hail was informed on April 29 of a protocol lapse involving the administration of medication for surgical patients. Health Services officials said the lapse occured from January to April and involved using the same vial of medication and syringe to inject more than one IV bag, potentially exposing patients to blood borne pathogens.
However, Health Services officials said patients were never directly in contact with any needle.
“In all instances, medication was administered into an IV bag, or tubing. The likelihood of blood borne pathogens traveling up the lines into an IV bag or IV tubing to cause cross contamination from using the same syringe is extremely remote,” officials said.
Health Services officials said all 186 patients had been contacted and that 118 had returned for testing. They also said no patients had shown any signs of exposure.
In a June 11 Health Committee meeting, Hail said the CN’s medication diversion prevention program discovered the protocol lapse and reported it to Health Services in late April. Hail also told Tribal Councilors he couldn’t reveal the nurse’s name at that time because of employee privacy rights but did say the nurse was no longer employed with the tribe.
Hail said the incident was also not limited to the dental department, confirming there was a “cross” into other departments and areas, including the operating room.
When asked by Tribal Councilors if any disciplinary action had been taken against the nurse, Hail declined to comment, citing “employment matters.” He also told legislators that it wasn’t the Health Services’ responsibility to report any potential incidents to revoke a medical license.
According to a press releasse, John Baker resigned from Hastings Hospital on May 1 and isn’t employed at the CN or its entities in any capacity.
According to a June 8 screenshot of his Facebook account, he was a RN at Hastings Hospital from Sept. 25, 2017, to May 2018 and was hired on May 14 by Traditions Home Care as a registered nurse case manager.
However, Traditions Home Care’s human resources department on June 19 told the Cherokee Phoenix that John Baker is not employed with the company and declined to comment further.
A CN press release also states the protocol lapse incident was reported to the Oklahoma Board of Nursing. According to a readfrontier.org report, the OBN issued John Baker his registered nurse’s license on June 26, 2017, and that the licence is still active.
An OBN official told the Cherokee Phoenix that she could neither confirm nor deny whether the board is conducting an investigation of the protocol lapse and that there were no public records available concerning the issue.
Chief Baker also issued a written statement on June 18 regarding the situation.
“I am deeply saddened by these events and my hear aches for everyone involved. As a father, it is difficult to witness my son experiencing the pain caused by his actions. His decision to pursue a career in service to others continue to fill me with pride to this day,” Chief Baker said. “John’s honesty, cooperation and acceptance of responsibility is representative of his values and the quality of man that he is. As Chief of this great nation I know that no one is exempt from the rules. Rules and procedures throughout our nation apply to everyone equally. That is most certainly the case here. I want to strongly encourage anyone who sees wrongdoing of any kind throughout our nation to know their voice will be heard and their concerns will be properly addressed. I’m grateful for the health care workers who helped identify this lapse and their continued service to the Cherokee Nation Health Services and the patients they care for.”
According to a press release, Chief Baker requested that Health Services Executive Director Dr. Charles Grim lead a four-person panel to “review the events, evaluate best practices and improve medication administration procedures.” It also states the panel is to report its findings in August to Deputy Chief S. Joe Crittenden because Chief Baker has recused himself to ensure the review’s independence.
The protocol lapse came to light after CN citizen John Wagnon, of Grove, spoke publicly about being identified as a potentially exposed patient following a dental procedure in January.
Wagnon said Health Services called him on June 4 asking him to come in for blood tests, nearly five months after his procedure. Wagnon said his tests came back negative but that he would need to return in three months for more testing.
<strong>Sept. 25, 2017:</strong> John Ross Baker begins a residency at W.W. Hastings Hospital as a registered nurse, according to his Facebook account on June 8.
<strong>January:</strong> Health Services officials say Baker begins the lapse in protocol regarding how medication is administered to surgical patients. Officials say 186 patients are potentially exposed to HIV and hepatitis C stemming from Baker’s practice of using the same vial of medication and syringe to inject more than one IV bag from January to April.
<strong>April:</strong> The Cherokee Nation’s medication diversion prevention program discovers the protocol lapse and reports it to Health Services.
<strong>April 29:</strong> Hastings Hospital CEO Brian Hail is informed of the protocol lapse.
<strong>May 1:</strong> Baker resigns from Hastings Hospital.
<strong>May 14:</strong> Baker is hired by Traditions Home Care as a registered nurse case manager, according to his Facebook account on June 8.
<strong>June 7:</strong> The protocol lapse becomes public after a Tulsa-area television news show airs a story with Cherokee Nation citizen John Wagnon saying Hastings Hospital officials asked him to return for HIV and hepatitis C testing months after his dental surgery.
<strong>June 11:</strong> Tribal Councilors of the Health Committee ask Hail questions regarding the protocol lapse. Hail cites employee privacy rules when declining to reveal the name of the nurse.
<strong>June 18:</strong> Baker issues a written statement acknowleding he was the registered nurse involved in the protocol lapse and apologizes. His father, Principal Chief Bill John Baker, calls for a panel to to investigate the incident and recuses himself from the matter to ensure the review’s independence.
<strong>June 19:</strong>Oklahoma Board of Nursing officials decline to confirm or deny that they are investigating the protocol lapse. Traditions Home Care officials say Baker is not employed with them and decline further comment.
TAHLEQUAH –The applications for the Cherokee Nation’s Miss Cherokee, Junior Miss Cherokee and Little Cherokee Ambassadors are now available for download.
To download an application, visit <a href="http://www.cherokee.org/Services/Education/Cherokee-Ambassadors" target="_blank">http://www.cherokee.org/Services/Education/Cherokee-Ambassadors</a>.
The deadline for all competition applications is July 16.
For more information, call Lisa Trice-Turtle at 918-453-5000, ext. 4991.
LINCOLN, Neb. (AP) — A husband and wife who don't want the proposed Keystone XL pipeline to run through their farm have deeded a plot of their land over to a Native American tribe, creating a potential roadblock for the project.
Art and Helen Tanderup signed over a 1.6-acre plot of land to the Ponca Indian Tribe on Sunday. The Ponca enjoy special legal status as a federally recognized tribe.
The land has been used as a planting space for sacred Ponca corn for the last five years, and it was chosen in part because it sits on the $8 billion pipeline's proposed route. It's also part of the historic route that Ponca tribe members were forced to take when the U.S. government relocated them to present-day Oklahoma in 1877.
PIERRE, S.D. (AP) — South Dakota's Supreme Court this week dismissed an appeal from opponents of the Keystone XL oil pipeline, saying a lower court lacked jurisdiction to hear their cases. But an attorney battling the project says the "fight is not over."
Groups fighting TransCanada Corp.'s pipeline appealed a judge's decision last year upholding regulators' approval for the pipeline to cross the state. But the high court said in a Wednesday ruling that justices didn't "reach the merits of the case" because the lower court didn't have jurisdiction to weigh the appeal of the Public Utilities Commission's decision.
Robin Martinez, an attorney for conservation and family agriculture group Dakota Rural Action, on Thursday called the high court's decision "disappointing," but said "this fight is not over." Martinez said the organization, one of the appellants, is regrouping and evaluating its options.
"That's really disappointing that the court didn't reach the merits, because the risk to South Dakota's land and water resources is clearly there," Martinez said. "It's a shame that that did not get a closer look by the court."
TransCanada spokesman Terry Cunha said in an email that the pipeline developer is pleased with the court's decision.
Keystone XL would cost an estimated $8 billion. The 1,179-mile pipeline would transport up to 830,000 barrels a day of Canadian crude through Montana and South Dakota to Nebraska, where it would connect with lines to carry oil to Gulf Coast refineries.
TransCanada announced in April it was meeting with landowners and starting aerial surveillance of the proposed route. The company hopes to begin construction in early 2019.
The Cheyenne River Sioux Tribe, Yankton Sioux Tribe and conservation and family agriculture group Dakota Rural Action appealed to the South Dakota high court after a judge had affirmed state regulators' approval for the pipeline.
The Public Utilities Commission initially authorized TransCanada's project in 2010, but the permit had to be revisited because construction didn't start within the required four years. The panel voted in 2016 to accept TransCanada's guarantee that it would meet all conditions laid out by the commission when it first approved that state's portion of the project.
Cunha said the company is working to get needed land easements for the pipeline in Nebraska. But Nebraska landowners have filed a lawsuit challenging the Nebraska Public Service Commission's decision to approve a route through the state.
Separately in Nebraska, a husband and wife who don't want the proposed Keystone XL pipeline to run through their farm this week deeded a plot of their land to a Native American tribe, creating a potential roadblock for the project.
Art and Helen Tanderup signed over a 1.6-acre plot of land to the Ponca Indian Tribe on Sunday. The Ponca enjoy special legal status as a federally recognized tribe.
The land has been used as a planting space for sacred Ponca corn for the last five years, and it was chosen in part because it sits on the $8 billion pipeline's proposed route. It's also part of the historic Ponca route that tribe members were forced to take when the U.S. government relocated them to present-day Oklahoma in 1877.
"What the impact will be, I don't know," Tanderup said. "But now, they'll have a voice in this issue. They will be a player at the table."
It's not clear whether deeding the land to the tribe would hinder the company or create a new legal argument for the Ponca, given their status as a federally recognized Indian tribe. Brad Jolly, an attorney for the Ponca Tribe of Nebraska, said he was focusing more on overturning state regulators' approval of the pipeline in a case pending before the Nebraska Supreme Court.
"I haven't gotten to all the what-ifs yet," Jolly said.
The Keystone pipeline also faces a potential obstacle in a federal lawsuit brought by Montana landowners and environmental groups seeks to overturn President Donald Trump's decision to grant a presidential permit for the project.
CALHOUN, Ga. – The next meeting of the Georgia Chapter of the Trail of Tears Association is set for 10:30 a.m. on July 14 at the Gordon County Historical Society at 345 S. Wall St.
This is part three of the chapter’s remembrance of the 180th anniversary of the Cherokee removal. “The Journey To Indian Country” will be presented by past chapter president W. Jeff Bishop. The meeting is free and open to the public.
The Trail of Tears Association was created to support the Trail of Tears National Historic Trail established by an act of Congress in 1987. The TOTA is dedicated to identifying and preserving sites associated with the removal of Native Americans from the southeastern United States. The Georgia TOTA chapter is one of nine state chapters representing the nine states that the Cherokee and other tribes traveled through on their way to Indian Territory (now Oklahoma).
People need not have Native American ancestry to attend GATOTA meetings, just an interest and desire to learn more about this tragic period in this country’s history.
For more information about the May GCTOTA meeting, email Walter Knapp at <a href="mailto: email@example.com">firstname.lastname@example.org</a>.