Consolidated Tribal Health Project Inc. v. United States of America, Sylvia M. Burwell, in her official capacity as Secretary, U.S. Department of Health & Human Services; Mary Smith, in her official capacity as Principal Deputy Director, Indian Health Service
Published: Mar. 18, 2017 | Result Date: Jan. 19, 2017 | Filing Date: Jan. 1, 1900 |Case number: 2:16-cv-01546-JAM-AC Settlement – $900,000
Court
USDC Eastern
Attorneys
Plaintiff
Adam P. Bailey
(Hobbs Straus Dean & Walker LLP)
Defendant
Phillip A. Talbert
(Office of the U.S. Attorney)
Edward A. Olsen
(Office of the U.S. Attorney)
Facts
Consolidated Tribal Health Project Inc. sued the federal government, Dept. of Health & Human Services Secretary Sylvia Burwell, and Principal Deputy Director of the Indian Health Service Mary Smith, concerning the alleged underfunding of the Indian Self-Determination and Education Assistance program.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff was a consortium of several Indian tribes organized to provide health services to tribal members and their beneficiaries in Mendocino County. Defendants allegedly underfunded contract support costs for contracts entered under the Indian Self-Determination and Education Assistance program. Consequently, plaintiff was not paid in full for contract support costs owed under the contracts. Plaintiff contended that the conduct was unlawful, as the U.S. Supreme Court had decided in Salazar v. Ramah Navajo Chapter.
Damages
Plaintiff sought $2.47 million in damages.
Result
The parties reached a $900,000 settlement.
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