your internet resource on facebook on twitter on Google+ on soundcloud
phone: 202 630 8439
The University of Tulsa College of Law - Master's in Indian Law
Advertise on Indianz.Com
Home > News > Headlines
Print   Subscribe
Health care reform law includes limited definition of 'Indian'

Filed Under: Health | Law | National
More on: aca, alaska, california, dc, disenrollment, ihcia, ihs, irs, meetings, taxation, termination

The Affordable Care Act requires all Americans to obtain health insurance but a key provision exempts American Indians and Alaska Natives who receive care through the Indian Health Service.

But not all American Indians and Alaska Natives meet the definition of "Indian" in the law. That means they will have to pay a $695 penalty to the Internal Revenue Service if they don't obtain health insurance.

"I'm no less Indian than I was yesterday, and just because the definition of who is Indian got changed in the law doesn't mean that it's fair for people to be penalized," Liz DeRouen, who was recently disenrolled from the Dry Creek Rancheria Band of Pomo Indians in California, told the Associated Press.

The definition of "Indian" in the section of the law that deals with the insurance exemption appears to be the same as the one in 25 USC § 450b. That means only members of federally recognized tribes and shareholders in Alaska Native regional or village corporations are considered "Indian."

But that definition is narrower than the one found in the Indian Health Care Improvement Act, which was made permanent by the ACA. For example, California Indians with allotments have long been considered eligible for IHS care.

California Indians, or their descendants, who received assets as part of the 1958 termination law are also considered eligible. Under the ACA, however, some 21,000 California Indians could be shut out, according to the California Rural Indian Health Board.

Alaska Natives who are unable to join village or regional corporations are affected too. Nearly 47,000 could be forced to pay the penalty, according to the Alaska Native Tribal Health Consortium.

The IRS is holding a public hearing on May 29 in Washington, D.C.., to discuss rules for the exemptions in the ACA.

Get the Story:
Health reforms penalize some Indians, Native Alaskans (AP 5/13)

Federal Register Notice:
Shared Responsibility Payment for Not Maintaining Minimum Essential Coverage (February 1, 2013)

Copyright © Indianz.Com
More headlines...
Stay Connected:
On Facebook

On Twitter

On Google+

On SoundCloud
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Lakota Country Times: Oglala Sioux Tribe reacts to shootings (10/26)
Native Sun News Today: Pine Ridge football team impresses (10/26)
Brandon Ecoffey: Strong fixes needed for reservation crime (10/26)
Raúl Grijalva: Republicans still won't listen to Indian Country (10/26)
Steve Russell: The magic of Donald Trump's 'plan' for America (10/26)
Haskell University expelled student who was victim of assault (10/26)
Jury deliberates verdicts in armed standoff on tribal territory (10/26)
Tule River Tribe gains support for moving casino to a new site (10/26)
Dakota Access ramps up spending on lobbying and politicians (10/25)
Cheyenne River Sioux Tribe presses Obama on Dakota Access (10/25)
Indian National Finals Rodeo gears up for big crowds in Vegas (10/25)
Mark Trahant: Native candidates benefit from Clinton landslide (10/25)
Lakota Country Times: Shooting pushes Pine Ridge into action (10/25)
Native Sun News Today: Sisters want police help for stolen car (10/25)
Delphine Red Shirt: Teach the language like our elders wanted (10/25)
Jeffrey Whalen: Oglala Sioux Tribe keeps making bad decisions (10/25)
Cronkite News: Fighting the opioid epidemic in Indian Country (10/25)
Harlan McKosato: Just what are Indians supposed to look like? (10/25)
ICT series continues with George W. Bush's sovereignty gaffe (10/25)
United South and Eastern Tribes open sovereignty conference (10/25)
Navajo Nation in discussions to cultivate hemp on reservation (10/25)
Eastern Cherokees looking to build data center on reservation (10/25)
Cherokee Nation schedules job fairs for newest gaming facility (10/25)
California Nations Indian Gaming Association chooses director (10/25)
Alabama-Coushatta Tribe faces legal fight over modest casino (10/25)
Donald Trump embraces big energy projects like Dakota Access (10/24)
Cheyenne River Sioux Tribe can pursue own #NoDAPL complaint (10/24)
Democracy Now: New resistance in fight against Dakota Access (10/24)
Tim Giago: No one feels honored by racist & offensive mascots (10/24)
Mark Trahant: North Dakota takes #NoDAPL battle to extremes (10/24)
Cedric Sunray: Cherokee Nation tries to 'Trump' Indian arts law (10/24)
Native Sun News Today: Republican won't agree to tribal forum (10/24)
Lakota Country Times: Oglala Sioux Tribe opens nursing home (10/24)
Clara Caufield: Tribute to outgoing Northern Cheyenne leader (10/24)
Mary Annette Pember: North Dakota on #NoDAPL crackdown (10/24)
Terese Marie Mailhot: Native women deserve to be respected (10/24)
Steven Newcomb: Getting to the origins of federal Indian law (10/24)
Peter d'Errico: Seminole Tribe embraces limits on sovereignty (10/24)
Pregnant woman on Muckleshoot Reservation killed by police (10/24)
Federal authorities investigate shooting deaths at Pine Ridge (10/24)
Bus returning from Torres-Martinez Band casino in fatal crash (10/24)
Jamul Indian Village refinances $460M in casino related debt (10/24)
more headlines...

Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Federal Register | Forum | Health | Humor | Indian Gaming | Indian Trust | Jack Abramoff Scandal | Jobs & Notices | Law | National | News | Opinion | Politics | Sports | Technology | World

Indianz.Com Terms of Service | Indianz.Com Privacy Policy
About Indianz.Com | Advertise on Indianz.Com

Indianz.Com is a product of Noble Savage Media, LLC and Ho-Chunk, Inc.