Title
A RESOLUTION AUTHORIZING THE WAIVER OF SOVEREIGN IMMUNITY FOR SMARTNET HEALTH INFORMATION SHARING SYSTEM
Body
WHEREAS, the Cherokee Nation since time immemorial has exercised the sovereign rights of self-government on behalf of the Cherokee people;
WHEREAS, the Cherokee Nation is a federally recognized Indian Nation with a historic and continual government to government relationship with the United States of America;
WHEREAS, being a federally recognized Indian Tribe, the Cherokee Nation enjoys governmental immunity from suit under federal and tribal law; and,
WHEREAS, the Cherokee Nation (”Nation”) has through inherent sovereign authority and by constitution and tribal law the authority to enter into contractual agreements to benefit the Nation and the citizenry thereof; and
WHEREAS, the Cherokee Nation Health Department, a division of the Executive Branch of the Nation, wishes to enter into a contractual agreement, known as the SMRTNET Member Agreement, with other local hospitals, clinics, and other local health care providers to share confidential health information as needed to facilitate proper patient care; and
WHEREAS, the other parties to the SMRTNET Member Agreement have requested a limited waiver of sovereign immunity from the Nation so that the agreement may be enforced if necessary;
BE IT RESOLVED BY THE CHEROKEE NATION, that for the sole purpose of allowing for enforcement of the terms of the SMRTNET Member Agreement, established as set forth in Attachment 1, which is incorporated by reference and made a part of this resolution as if stated herein in full, the Cherokee Nation Council agrees to a limited waiver of sovereign immunity, only if all of the following conditions are met:
(1) The entity seeking to bring suit against the Nation is a party to the SMRTNET Member Agreement and the Nation did not object to the admission of such party to SMRTNET, and
(2) The claim is for breach of contract and seeks only compensatory damages resul...
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