indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+
ph: 202 630 8439
Fredericks Peebles & Morgan LLP
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 ยง 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:

Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Tim Giago: Remember the victims of massacre at Wounded Knee (12/22)
Native Sun News: Cheyenne River Sioux teen serves as role model (12/22)
Harlan McKosato: It's time to bring Jim Thorpe home to Oklahoma (12/22)
Rapid City police department defends fatal shooting of Native man (12/22)
Fatal Sisseton Wahpeton shootings blamed on domestic violence (12/22)
Some South Dakota tribes said to be interested in legal marijuana (12/22)
DOI orders leaders of Chippewa Cree Tribe to reinstate chairman (12/22)
Appeals court dismisses Schaghticoke Tribal Nation's land claim (12/22)
Opinion: Water deal is great for Hualapai Tribe but not for county (12/22)
Opinion: A solution for the Washington NFL team's racist mascot (12/22)
Oneida Nation plans to open $20M 'Wizard of Oz'-themed casino (12/22)
Bill to stop Tohono O'odham Nation casino fails to clear Congress (12/22)
Opinion: Tribal and state governments should get out of casinos (12/22)
Editorial: Expansion of gaming pushed as quick fix for New York (12/22)
Native Sun News: Pine Ridge's David Michaud wins fighting match (12/19)
Mark Trahant: Old school budgets a better deal for Indian Country (12/19)
Ruth Hopkins: Boycott a repeat offender of cultural appropriation (12/19)
8th Circuit sides with Omaha Tribe in reservation boundary case (12/19)
BIA finalizes rule to add Alaska tribes to land-into-trust process (12/19)
Obama signs measure to extend VAWA tribal provision to Alaska (12/19)
Wyandotte Nation set to break ground on $1.4M cultural center (12/19)
Man from Standing Rock Sioux Tribe charged for cousin's murder (12/19)
Opponents of Cowlitz Tribe plan appeal of gaming land decision (12/19)
Menominee Nation off-reservation casino supporters hold rally (12/19)
Bear River Band hires tribal member as casino general manager (12/19)
Column: Poarch Creek gaming is only thing working in Alabama (12/19)
Column: Wait for decision on Mashpee Wampanoag Tribe casino (12/19)
Native Sun News: Oglala Sioux Tribe inaugurates new leadership (12/18)
Walt Lamar: Cooperation helps address crime in Indian Country (12/18)
Brandon Ecoffey: Tournament shows hope of the Lakota people (12/18)
Editorial: Showing caution for marijuana sales in Indian Country (12/18)
Editorial: New York governor makes right call to outlaw fracking (12/18)
Fines for foes of Tohono O'odham Nation off-reservation casino (12/18)
New York passes over tribes for first commercial casino licenses (12/18)
Factions of Cayuga Nation in court over Class II gaming facility (12/18)
Deadline extended for commercial casino eyed by Quapaw Tribe (12/18)
Opinion: Another casino isn't answer to Connecticut's problems (12/18)
Native Sun News: Youth take on lead role in Dakota memorial ride (12/17)
Mark Trahant: NCAI launches new campaign against racist mascot (12/17)
Norm DeWeaver: Job market is a disaster zone in Indian Country (12/17)
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.