HOUSE JOINT MEMORIAL 23
46th legislature - STATE OF NEW MEXICO - second session, 2004
INTRODUCED BY
Ray Begaye
A JOINT MEMORIAL
REQUESTING THE UNITED STATES CONGRESS, THE INDIAN HEALTH SERVICE AND, SPECIFICALLY, THE NEW MEXICO CONGRESSIONAL DELEGATION TO RESOLVE THE FUNDING SITUATION INVOLVING THE ALBUQUERQUE AREA URBAN INDIANS, THE ALBUQUERQUE INDIAN HOSPITAL AND THE SOUTHWEST INDIAN POLYTECHNIC INSTITUTE DENTAL CLINIC AND TO INCORPORATE NEW LANGUAGE INTO THE INDIAN HEALTH CARE IMPROVEMENT ACT TO PROVIDE FOR DIRECT AND CONTINUED FUNDING OF THE ALBUQUERQUE AREA INDIAN HEALTH SERVICE FOR THE THIRTY-THREE THOUSAND ALBUQUERQUE AREA URBAN INDIANS.
WHEREAS, primary medical and dental care for the approximately thirty-three thousand American Indians representing over two hundred tribes residing in and around the city of Albuquerque is provided by the Indian health service and the Albuquerque service unit, through the Albuquerque Indian hospital and the southwest Indian polytechnic institute dental clinic, which are funded annually by the United States congress; and
WHEREAS, approximately forty percent of the thirty-three thousand American Indians living in the Albuquerque area are Navajo Indians who, in addition to receiving basic health care from the Indian health service, were eligible for contract health care provided by the Albuquerque Indian hospital until 2002 when the eligibility for contract health service was terminated; and
WHEREAS, contracting, as directed by Public Law 93-638, has adversely impacted the health care delivery system for the thirty-three thousand Albuquerque area urban Indians by eliminating or greatly reducing health care services now available to them through the Indian health service Albuquerque service unit because all funds appropriated by the United States congress through the Indian health service are being contracted or are available for contracting to tribes or pueblos in the Albuquerque service unit; and
WHEREAS, in October 2000, the Albuequerque Indian hospital and the southwest Indian polytechnic institute dental clinic were to be closed for the reasons cited above, but urban Indian representatives, with the support of tribes from the surrounding area and New Mexico congressional representatives, managed to keep them open with a special one-million-dollar ($1,000,000) congressional appropriation; and
WHEREAS, the Albuquerque Indian hospital has reduced health care services in the short term, and may be forced to close in the long term if local tribes and pueblos under the Indian health service Albuquerque service unit continue to contract all available health care services from the Albuquerque area Indian health service; and
WHEREAS, Albuquerque area urban Indian representatives support the local tribes and pueblos in taking over the Indian health service health care delivery system but, in return, request the support of tribes and pueblos to keep the health care services available to the thirty-three thousand Albuquerque area urban Indians; and
WHEREAS, the Indian Health Care Improvement Act, now before the United States congress for action, fails to provide for continued health care services and federal funding through the existing urban Albuquerque area Indian health service facility for the Albuquerque area urban Indian users and, thus, is in conflict with the federal Snyder Act of 1921; and
WHEREAS, although Public Law 93-638 requires the Indian health service to consult with Indian communities on health issues and while tribes and pueblos are represented on the Indian health service Albuquerque service unit board, which is organized for providing advice on funding and other health policy issues, the board does not have a similar system of receiving public input on matters that affect the grassroots Albuquerque area urban Indian community and, in fact, a request for grassroots urban Indian representation on the Indian health service Albuquerque service unit board was previously denied by the Albuquerque area Indian health service;
NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the United States congress, the United States department of health and human services, the Indian health service and, specifically, the New Mexico congressional delegation be requested to resolve the funding dilemma at the Albuquerque service unit of the Indian health service so that the thirty-three thousand urban Indians, including many Navajos, in the Albuquerque area continue to receive adequate health care services through the Albuquerque area Indian health service, the southwest Indian polytechnic institute dental clinic and the Albuquerque Indian hospital; and
BE IT FURTHER RESOLVED that the United States congress be urged to direct the Indian health service to establish a formal advisory group of grassroots Albuquerque area urban Indian representatives to work together with the Albuquerque area Indian health service to address Indian health service Albuquerque service unit funding and other Indian-related issues; and
BE IT FURTHER RESOLVED that the United States congress be requested to amend Public Law 94-437, Title V, Section 512 by inserting the following language:
"Notwithstanding any other provisions of law, the Albuquerque area Indian health service dental clinic and hospital, which now service urban American Indians residing in the Albuquerque area, shall continue to serve urban Indians and be further designated, in addition to continuing to service tribes, as a service or operating unit in the allocation of additional resources and coordination of care for the Albuquerque area urban Indian population and, as such, those resources specifically appropriated by the United States congress and health care reserved for the urban Indian user population shall not be subject to the provisions of the Indian Self-Determination and Education Assistance Act and, further, such designated urban service unit shall establish, with input by the Albuquerque area grassroots urban Indian community, an urban Indian advisory group to further the consultation provisions of this Act."; and
BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the New Mexico congressional delegation.
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