April 24, 2020

AZ Rep. proposes federal malpractice insurance for urban Indian health facilities

Expanded coverage would apply off-reservation where the majority of tribal members live.

Urban Indian Organizations may start receiving federal insurance against medical malpractice suits — just as other services in the Indian Health System do — if a newly introduced version of an act passes in Congress.

U.S. Representative Rueben Gallego’s version of the Federal Tort Claims Act would provide Urban Indian Organizations the same opportunity for coverage that Indian Health Services and tribal health facilities on Native nations already have. Within their communities these organizations identify health needs, gaps in data and analyze that data while distributing resources. Some also operate health care facilities. Gallego, D-Ariz., said due to this disparity, urban facilities spend millions on private insurance, instead of essential supplies.

“If we can put this coverage on them, that frees up their monies, so they can be able to buy PPEs and antibody tests and the coronavirus test.”

According to U.S. Census Bureau data, nearly 70% of Native Americans in the United States live in or near urban areas, and rely on Urban Indian Organizations for health care.

Gallego said such organizations aren’t currently covered by the act because lawmakers don’t know the realities of Indigenous communities.

“A lot of members of Congress and Senators don’t understand the status of Native Americans in this country,” Gallego said. “They don’t understand that more of them live off-reservation in urban centers then they do on a reservation.”

He said it’s the federal government’s responsibility to honor trust and treaty obligations to provide health care to tribal members in rural and urban areas.

“The best way to help these communities is to make sure these Indian health centers have the funds that they need to operate,” Gallego said.

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