Definition of Indian in the ACA

The definitions of the word “Indian” in the Patient Protection and Affordable Care Act
(“CA) are not consistent with the definition used for delivery of other federally supported health services to American Indians/Alaska Natives (AI/ANs) under Medicaid and Children’s Health Insurance Program (“CHIP”) program and through the Indian Health Service (“IHS”). The inconsistency will result in many AI/ANs being subjected to tax penalties from which they should be exempt, and not receiving the benefits and special protections (protection from cost sharing and special enrollment) intended for them consistent with the special trust responsibility the United States owes to AI/ANs. It will also create significant confusion since the application for Medicaid and participation in insurance exchanges are being integrated.

NIHB is in support to amend the definition of Indian in ACA. Check out NIHB’s Legislative Tool Kit for Tribes and Their Advocates:How to Fix Definition of “Indian” in the Affordable Care Act

Definition of Indian in ACA and Medicaid-legislation fix (PDF)