4835 East Cactus Road, Suite 260, Scottsdale AZ 85254
IHS Trust Responsibility: Yoder & Langford continues work on strengthening an enforceable trust responsibility in the provision of health care for Indians. IHS has defended several recent cases arguing that tribes have no legal right to enforce trust responsibilities for health care.
General Welfare Exclusion: With the passage of Internal Revenue Code Section 139E, we are working on many general welfare ordinance and tribal member program revisions. Tribes who have not yet amended their codes and programs to meet Code Section 139E will want to consider changes as soon as possible.
This past year the Tribal Treasury Advisory Committee has started work on general welfare guidance. More details to come.
Yoder & Langford focuses on tribal government issues. We advise our tribal clients on tax law, trust matters, employee benefits programs and health care issues in a manner that coordinates federal regulation with tribal sovereignty.
Redding Rancheria v. Burwell / Indian Health Services: Yoder & Langford is representing the Redding Rancheria of California in litigation currently pending in the DC District Court, in which Redding is seeking to preserve the ability of tribes to coordinate federally funded health care programs under ISDEAA with tribal self-insurance. IHS has temporarily put its controversial proposed CHEF regulations on hold in response to this litigation.
UPDATE: On November 7, 2017, the DC District Court ruled in favor of the Redding Rancheria, confirming that tribes and tribal self-insurance programs have payer of last resort rights, and may coordinate care to secure better discounts and maintain CHEF coverage. The Court directed IHS to reprocess the Tribe's CHEF claims consistent with the Order. As of May, 2020 the case is still pending. More details to come.
We advise and assist clients on the design and administration of retirement plans, retiree medical trusts, governmental excess benefit arrangements, non-qualified deferred compensation plans, and welfare benefit programs.
The firm was founded in 1997 to serve tribal government clients with regard to benefits law, health care and taxation issues. The firm works on self-governance and self determination issues and remains actively involved with national efforts to strengthen sovereignty through consultation, legislation, policy and regulatory reform.
White Mountain Apache Tribe v. Scalia, U.S. Department of Labor: Yoder & Langford represents the White Mountain Apache Tribe in litigation filed on May 27, 2020 seeking to ensure that "essential governmental functions" and "commercial activities" under the Pension Protection Act are defined with tribal input through meaningful consultation on a government-to-government basis. The case is pending in the United States District Court for the District of Columbia. More details to come.
Keep Informed: Client resources that will help you stay ahead of changing compliance regulations.
Gila River Indian Community v. Azar / Indian Health Services: Yoder & Langford serves as co-counsel in a contract support cost action pending in the United States District Court for the District of Columbia.
San Pasqual Band of Mission Indians v. United States: Tax refund case currently pending in the United States Court of Federal Claims.