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Federal judge orders payment for IHS referrals
Tuesday, October 7, 2003

A federal judge last week ordered the federal government to reimburse the state of South Dakota $1.3 million for health care received by Native Americans.

U.S. District Judge Charles Kornmann on September 30 said the federal Centers for Medicare and Medicaid Services (CMS) owed the money for the years 1998 to 2000. He said the costs for referring Indian Health Service (IHS) patients who are eligible for Medicaid should not be paid by the state.

The state billed CMS for $4 million in Medicaid costs incurred by IHS patients who were referred to other facilities for needed treatment. CMS was refusing to pay 100 percent and even told the state to repay the $2.7 it did receive.

The ruling appears to help tribes who seek Medicaid reimbursement for referrals they make.

Get the Story:
Ruling: Feds owe S. Dakota $1.3M (The Sioux Falls Argus Leader 10/7)

Get the Decision:
Ellenbacker v. Centers for Medicare and Medicaid Services (September 30, 2003)

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