Title
A RESOLUTION AUTHORIZING HEALTH CARE SERVICES TO INDIVIDUALS NOT OTHERWISE ELIGIBLE FOR SERVICES FROM THE INDIAN HEALTH SERVICE THROUGH THE CHEROKEE NATION GADUGI EMPLOYEE HEALTH CLINIC AND OTHER SERVICES
Body
WHEREAS, the Cherokee Nation ("Nation") since time immemorial has exercised the sovereign rights of self-government on behalf of the Cherokee people;
WHEREAS, the Nation is a federally recognized Indian Nation with a historic and continual government to government relationship with the United States of America;
WHEREAS, the Nation has exclusive tribal jurisdiction over the Cherokee Nation Reservation, the geographic scope of which is defined in federal and Cherokee Nation law;
WHEREAS, Cherokee Nation has a long-standing and indispensable relationship with the United States as to the delivery of health services to Cherokee citizens, principally through the federal Indian Health Service (IHS) and through a self-governance Compact with the Secretary of the U.S. Department of Health and Human Services entered into under the Indian Self-Determination and Education Assistance Act (ISDA) to operate the programs, services, functions and activities of IHS;
WHEREAS, Section 813 of the Indian Health Care Improvement Act, as amended, 25 U.S.C. ? 1680c, authorizes the governing body of a Tribe carrying out health services of the IHS under the ISDA to determine whether health services should be provided under the Tribe's funding agreement with the IHS "to individuals who are not eligible for such health services under any other subsection of this section or under any other provision of law," 25 U.S.C. ? 1680c(c) (2);
WHEREAS, Section 813 provides that in making such a determination, the governing body of the Tribe shall "take into account" whether the provision of health care services to such individuals will result in the denial or diminution of health services to American Indians or Alaska Natives;
WHEREAS, the Council of the Cherokee Nation has care...
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