Becerra v. San Carlos Apache Tribe: A Major Win for Tribal Health Autonomy & Green Flag to Engage Outsourced Human Resources Support

Becerra v. San Carlos Apache Tribe: A Major Win for Tribal Health Autonomy & Green Flag to Engage Outsourced Human Resources Support

July 31, 2024

The Supreme Court’s recent holding in Becerra v. San Carlos Apache Tribe has been celebrated as a landmark decision for Tribes seeking autonomy over their health services. This pivotal ruling allows Tribes to utilize certain federal funding for administrative overhead including human resources (HR) support services in their Indian Self-Determination and Education Assistance Act (ISDEAA) 638 transitions. The Tribal HR professionals in REDW’S Human Resources Consulting practice recognize the immense potential this decision unlocks for Tribes navigating 638 transitions from Indian Health Service (IHS) facilities to independent healthcare systems.

Understanding the Impact of the Ruling

The Becerra v. San Carlos Apache Tribe case revolved around whether Tribes could use ISDEAA funds for a broad range of administrative and support services, including human resources. The Supreme Court’s favorable ruling clarified that these funds could indeed be utilized to support critical HR activities and services during the transition period. This decision directly impacts how Tribes can manage community needs assessments, strategic planning, workforce planning, talent acquisition, and team member development during their journey towards healthcare independence.

The HR Dimension in 638 Transitions

Transitioning from IHS-operated health services to Tribal-operated health facilities is a complex process that requires meticulous planning and execution. At REDW, our team of experts is dedicated to ensuring seamless transitions by offering comprehensive support for the transition process, including the HR component. Here’s how our HR Consulting team can help:

  1. Community Needs Assessments: Understanding the unique needs and dynamics of the community is integral to building a robust healthcare facility. We assist Tribes by conducting thorough needs assessments that involve evaluating current health services, identifying gaps, and forecasting future healthcare demands by incorporating community and key leader feedback. This data-driven approach empowers Tribal leaders to make informed decisions about staffing and prioritizing healthcare service offerings.
  2. Strategic Planning: Once the Community Needs Assessment is complete, it is critical for transition leadership to review and synthesize the feedback into a project plan. Our team will host a planning retreat where we present the assessment findings and allow leaders to use a design sprint framework to determine short term and long-term priorities with associated action items and deadlines to ensure they are implemented.
  3. Recruiting: A successful transition relies heavily on attracting and retaining skilled healthcare professionals as well as support staff. Our recruiting services focus on identifying and onboarding talent that aligns with the Tribe’s vision for their healthcare facilities. From strategizing recruitment campaigns to screening candidates, managing interview processes, and onboarding, we ensure that Tribes have access to top-tier talent. We also assist the internal human resources team to put systems in place for long-term recruitment success.
  4. Workforce Development: From change management to addressing skills gaps, our team of HR professionals can provide engaging team building and training programs for new and existing leadership staff to enhance their skills to ensure efficient operations and a focus on high-quality patient care.

Comprehensive Support from REDW

REDW’s role extends far beyond HR consulting services. As part of REDW’s business advisory services, we offer a full spectrum of support to Tribes navigating a 638 transition:

  • Financial Management: Assistance with budgeting, financial planning, and resource allocation to ensure sustainable operations.
  • Compliance: Guidance on regulatory requirements to ensure adherence to all relevant healthcare laws and standards.
  • Technology Solutions: Introduction of business finance software solutions to automate critical processes and provide greater visibility into real-time financial performance.
  • Operational Efficiency: Implementing best practices in operational workflows to maximize efficiency and effectiveness of health services.

Looking Ahead

The Supreme Court’s decision in Becerra v. San Carlos Apache Tribe has paved the way for Tribes to exercise greater control over their health services. By allowing the use of ISDEAA funds for HR support, Tribes can now more effectively manage the transition to independent healthcare systems. As a dedicated HR consulting practice within REDW, we are committed to partnering with Tribes on this journey, providing the expertise and support they need to build resilient, high-quality healthcare facilities that serve their communities well.

Together, we can build a future of healthcare that honors Tribal sovereignty and meets the unique needs of your community.

For more information on how REDW can support your Tribe’s 638 transition, please contact Cristin Heyns-Bousliman, Esq., THRP, Principal and Practice Leader of the HR Consulting practice area.

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