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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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