Indian Health Service Recovery Efforts Are Overreach

Law360, New York (September 12, 2014, 10:37 AM EDT) -- Health plans across the country are increasingly receiving demands for payment from the Indian Health Service, tribal health programs (collectively "Indian Organizations") and the U.S. Department of the Treasury for services provided by Indian Organizations to commercial health plan members. These claims for recovery are premised on the fact that Indian Organizations are generally considered a "payor of last resort."[1] To effectuate this principle, federal law provides Indian Organizations with a right of recovery against certain third parties, including health insurers, for services provided to a health plan's members by an Indian Organization provider.[2] However, some Indian Organizations have apparently interpreted that right as unlimited....

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