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Self-Governance Training Negotiation Process IHS Emphasis

Self-Governance Training Negotiation Process IHS Emphasis. March 27, 2012 Vickie Hanvey, CPA MBA. Negotiation Process. Getting Started with IHS: “Tribal Self-Governance A Handbook for Tribal Governments”. Negotiation Process. Major Components of an Ongoing Process Planning Negotiations

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Self-Governance Training Negotiation Process IHS Emphasis

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  1. Self-Governance TrainingNegotiation ProcessIHS Emphasis March 27, 2012 Vickie Hanvey, CPA MBA

  2. Negotiation Process Getting Started with IHS: “Tribal Self-Governance A Handbook for Tribal Governments”

  3. Negotiation Process Major Components of an Ongoing Process • Planning • Negotiations • Implementation • Monitoring

  4. Negotiation Process Planning- • complete review of existing operations • determination of Tribal priorities • identification of short and long-term goals • establish baseline measures • research (financial, legal, programmatic) • analysis of information; options • efficient & effective use of resources

  5. Negotiation Process Negotiation- • “government-to-government” • good faith • results in a compromise agreement between the two parties • allowed the flexibility to re-design programs and reallocate budgets to meet local needs

  6. Negotiation Process Negotiation- • Ability to negotiate a single compact and funding agreement for all PSFAs • Compact: • Umbrella agreement • General terms • Long term • FA: • PFSAs • More specific terms • Short term (1-3 years)

  7. Negotiation Process Negotiation- • Funding Tables • HQ & Area • Stable Base Budgets • Residual Amounts • federal functions which cannot legally be delegated • Retained Services or Buybacks • Tribal Shares • PFSA Manual

  8. Negotiation Process Negotiation- • Statutorily Mandated Grants • Lump sum advance payment • Grant terms & conditions apply • May not be reallocated / redesigned • Final Offer • Resolving disputes • 45 day review • Secretary may only reject due to specific reasons • DO NOT submit entire Compact / FA

  9. Negotiation Process Implementation- • Both parties are responsible for executing their respective parts of the negotiated agreement. • Regulations can be waived upon request • Not required to follow Federal policy • OMB circular A-87 (2CFR Part 225) still applies • Must be consistent with applicable law and regulations

  10. Negotiation Process Implementation-

  11. Negotiation Process Monitoring- Current: • adherence to the negotiated agreement • budget • earmarked/non-earmarked • compliance with applicable laws and regulations • programmatic & financial • Tribal and Federal

  12. Negotiation Process Monitoring- • Compliance in Summary Costs must be a) allowable; meet regulations b) allocable; belong to this program c) reasonable; to a “prudent” person d) documented; attached to original source of entry

  13. Negotiation Process Monitoring- Current: • funding allocations • (Did we get our fair share of funding?) • payments • (Did we get paid accurately & timely?) • performance to tribal desired outcomes • (Are we efficient and effective in meeting our goals?)

  14. Negotiation Process Monitoring- Future: • funding distribution methodologies • rulemaking or policy developments • legislative initiatives • beware of lobbying activities • identify opportunities/threats regarding assumption, re-design, reprogramming and operation

  15. Negotiation Process Tribal Self-Governance demands careful and ongoing assessment of the Tribal organization and its operations.

  16. Negotiation Process Personal Comments/Observations:

  17. Cherokee Nation “ A misconception exists today that our Indian health care is free. It is not. It has been paid for by the blood and tears of our ancestors, and by the land our people were forced to give away.” --Dr. Brenda Stone, Cherokee

  18. What has the Cherokee Nation paid for its relationship with the U.S.? The Cherokee Nation ceded 81 million acres of land in the southeastern United States between 1721 and 1835

  19. Negotiation Process Comments/Observations: • Acronyms • Develop a Resource Library • Develop a SG historical records system • Importance of coordination and networking with other Tribes (NCAI, NIHB, TSGAC, etc) • Build a “Team” of experts (Legal, Financial, Programmatic, etc)

  20. Negotiation Process Comments/Observations: • Maintain periodic analysis of Funding Tables, Payments, etc • Build a “Team” of experts (Legal, Financial, Programmatic, etc) • Challenge of obtaining information/response from agencies • Resolution to issues can be a slow process

  21. Negotiation Process Comparisons DOI & IHS: • Final Offers • Payment (subsequent funding agreement) • Tribal Shares/Residuals • Formulas / Allocations

  22. Negotiation Process Example: Cherokee Nation

  23. Cherokee Nation • Sovereign Nation within a Nation • Tripartite government • 2nd largest Indian Nation (314,000 citizens) • 14 county area (over 7,000 sq mi.) • Largest employer in northeastern Oklahoma (9,000) • Capitol located in Tahlequah, Oklahoma

  24. Cherokee Nation The Cherokee Nation existed before the United States and the State of Oklahoma. GROUP OF CHEROKEES WHO VISITED LONDON IN 1762

  25. Cherokee Nation • Starting in 1993 • Approached ISDEA assumption in incremental steps • Gradually assumed federal programs & reallocated/redesigned federal “cookie cutter” programs into programs and services responsive to our unique, specific needs

  26. Cherokee Nation • Systematic approach by first establishing a strong health system • Then assuming additional federal activities • Limited disruption to patients • Health care providers • Nation operations • Some activities still performed by IHS (Claremore Hospital)

  27. Cherokee Nation 2001 Comprehensive Long Range Plan • to meet the health care needs of tribal citizens • based on work of tribal and IHS health care teams • randomized opinion surveys • 1,200 patients • 30 health providers • 16 tribal leaders and health administrators

  28. Cherokee Nation 2001 Comprehensive Long Range Plan • Resulted in two significant changes to achieve our goals: • Seamless health care delivery model, where primary and tertiary health care facilities compliment each other, so we can offer state of the art, comprehensive care to our citizens in an efficient and coordinated manner • Establishment of a health care facility so services are accessible within a 30 mile radius.

  29. 14 County Jurisdictional Boundaries Will Rogers Health Center Vinita Health Clinic Bartlesville Health Clinic Sam Hider Health Center Claremore Indian Hospital A-Mo Health Center CN WW Hastings Hospital Legend Wilma P. Mankiller Health Center Cherokee Nation Clinic Hospital Main Complex Three Rivers Health Center Redbird Smith Health Center

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