Becerra v. San Carlos Apache Tribe is a Victory for Tribes

Becerra v. San Carlos Apache Tribe is a Victory for Tribes

June 12, 2024

A Victory for Tribal Nations

For 30 years, Tribal Nations have sought to recoup certain contract support costs (CSC) related to the administration of healthcare programs under self-determination contracts and compacts. Finally, on June 6, 2024, the Supreme Court agreed when it ruled in favor of the San Carlos Apache and Northern Arapaho Tribes. The Supreme Court determined that covering these costs is “necessary to prevent a funding gap,” effectively placing Tribal Nations on an equal footing with the Indian Health Service (IHS) agency.

Listen to our podcast, with seasoned tribal attorney Lloyd Miller and Kevin Cronk, CPA, What Becerra v. San Carlos Apache Tribe Means for Tribal Nations

The recent Supreme Court decision in Becerra, Secretary of Health and Human Services, et al. v. San Carlos Apache Tribe is a victory for Tribal Nations that pursue self-determination under PL 93-638. Having advised and advocated for Native American Tribes for more than 40 years, REDW’s trusted advisors believe the landmark decision serves to affirm Tribal sovereignty and provides critical healthcare dollars to Tribal communities. When the Supreme Court rendered its decision on June 6th, REDW team members witnessed a cheer from Audit Principal Chris Tyhurst, CPA, “This is a big ruling and great news for Tribes!”

Recoup Your Healthcare Contract Support Costs - Download Info Sheet

From 2014 to 2016, REDW provided financial advisory services in Ramah Navajo Chapter, et al. v. Jewell – a settlement that brought 25 years of legal disputes on contract support costs to a close. Now, our team of experts aims to provide similar advisory services to Tribal Nations with IHS 638 contracts and compacts seeking to recoup CSC incurred when Tribes collect and spend income from third-party payors (like Medicare, Medicaid, and private insurers) on eligible programs, functions, services and activities. Our services will ensure Tribal Nations have the financial expertise required to file their claims in a timely manner.

Expert Advisory Services
REDW’s team of experts have more than 70 years of combined experience substantiating and vigorously defending financial information with triers of fact and federal regulators. We are prepared to support Tribal Nations by reviewing program accounts, calculating direct and indirect CSC, and collaborating with counsel during claim submission/negotiations with the IHS.

Building on 40+ Years of Partnership with Tribes

REDW’s National Tribal Practice team have worked with more Native American Tribes than any other accounting firm in the Nation. Currently, REDW serves more than 200 Tribes and 500 Tribal entities. Moreover, approximately 33% of our National Tribal Practice team are enrolled Tribal members. We understand and respect Tribal sovereignty and are deeply invested in the financial well-being of Tribal communities.

At REDW, we’re proud to serve Tribes as they recoup healthcare CSC as a result of this landmark Supreme Court decision.

Contact our National Tribal Practice leadership team, Wesley Benally or Victor Flores, to start a conversation or ask a question.


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