Supreme Court to Resolve Split Over Tribal Health Care Funds

The US Supreme Court agreed Monday to consider whether tribes can sue the federal government for administrative expenses related to third-party insurers, like Medicare, Medicaid, and private insurers—an issue that has split the federal circuit courts.

In order to allow tribal participation and control over healthcare, the Indian Self-Determination and Education Assistance Act allows tribes to run their own health care programs with funding by the Indian Health Services, which is part of the Department of Health and Human Services.

Under the act, IHS must reimburse tribes for certain administrative expenses—called contract support costs—in excess of what it would have ...