Steve Osborne Hobbs Strauss Rebecca Patterson Sonosky Chambers April 23 2018 1 CSC Workgroup Updates Dec 2017 IHS unilateral rescission of policy duplication provisions 632E3 March 2018 Meetingaddress duplication ID: 719035
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IHS CSC Updates:Workgroup Tasks, Appropriations and Litigation
Steve Osborne, Hobbs StraussRebecca Patterson, Sonosky ChambersApril 23, 2018
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CSC Workgroup Updates
Dec 2017: IHS unilateral rescission of policy duplication provisions (§ 6-3.2E(3))March 2018 Meeting--address duplication Additional options besides 97/3 splitMake clear a Tribe can renegotiate a previously-negotiated offset
Indirect-type costs and duplication
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CSC Workgroup Next Steps
Tribal consultation on policy revisionsApril 13, 2018 DTLLComments due May 18, 2018
Workgroup proposal AND 2 other IHS-only options
Small workgroup to address indirect-type costs
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CSC Appropriations FY 2018
Amounts“such sums as may be necessary”Estimate (Managers’ Report): $717,970,000Separate appropriation
Committee language on grants: Committees “encourage” IHS to transfer funds through ISDEAA agreements rather than separate grants, to “ensure that associated administrative costs will be covered through the contract support cost process.” Examples:
Substance Abuse and Suicide Prevention
Domestic Violence Prevention
Zero Suicide Initiative
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CSC Appropriations FY 2019 Budget
Amounts“such sums as may be necessary”Estimate (OMB, An American Budget): $797,000,000Separate appropriation
Carryover clause proposed
Notwithstanding clause proposed
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Past-Year CSC Claims
Mostly settledContract Disputes Act processSix-year statute of limitations: FY 2012 still viableFull funding since FY 2014, so claims decreasing
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Recent Litigation: the Sage case
Two major issues:1) Whether a Tribe can recover CSC on the third-party revenue funded portion of its health program2) Duplication: whether the statute refers to duplicating
amounts
or duplicating
categories of funding
District court found in favor of the Tribe
IHS appeal to 10
th
Circuit
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Recent Litigation: the Seminole Case
Tribe proposes to allocate 98.93% of program funding to salaries, wages, and fringeIHS imposes 80% cap on allocation of appropriated dollars to salaries/fringe (IHS expends 71% on salaries/fringe in direct service)IHS argues Tribe’s reallocation authority under ISDEAA, for purpose of CSC calculation, is limited by “reasonableness” requirement
Complaint just filed; decision not likely until late this year
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Other IHS CSC Issues
CSC on CHEFCSC on grants (SASP, DVPP)Sub-workgroup for developing estimates for budgeting purposesReview and standardize training for start-up cost negotiatorsUpdate CSC Negotiation Template
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