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SAN CARLOS APACHE TRIBE v. BECERRA

No. 21-15641.

53 F.4th 1236 (2022)

SAN CARLOS APACHE TRIBE, Plaintiff-Appellant, v. Xavier BECERRA, Secretary, U.S. Department of Health and Human Services; Benjamin Smith, Principal Deputy Director, Indian Health Service; United States of America, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed November 21, 2022.

Attorney(s) appearing for the Case

Lloyd B. Miller (argued), Rebecca A. Patterson , and Whitney A. Leonard , Sonosky Chambers Sachse Miller & Monkman LLP, Anchorage, Alaska; Alexander B. Ritchie , San Carlos Apache Tribe, San Carlos, Arizona; for Plaintiff-Appellant.

John S. Koppel (argued) and Daniel Tenny , Appellate Staff Attorneys; Glenn McCormick , Acting United States Attorney; Brian M. Boynton , Acting Assistant Attorney General; for Defendants-Appellees.

Caroline P. Mayhew , Hobbs Straus Dean & Walker LLP, Washington, D.C.; Geoffrey D. Strommer and Stephen D. Osborne , Hobbes Straus Dean & Walker LLP, Portland, Oregon; for Amici Curiae Native American Tribes, Tribal Organizations, Indian Health Boards, and the National Congress of American Indians.

Before: Michael Daly Hawkins, Richard A. Paez, and Paul J. Watford, Circuit Judges.

OPINION

This case presents a question of Native sovereignty in the context of a healthcare dispute.

Indian Health Service ("IHS") administers health care programs for Native tribes. Those programs bill insurance like any other doctor's office: if a patient is covered by Medicare, Medicaid, or private insurance...

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