C.M.R. 10, 144, ch. 101, ch. II, 144-101-II-9, subsec. 144-101-II-9.05
Section 1902(a)(73) of the Social Security Act (the Act) requires a State in which one or more Indian Health Programs or Urban Indian Organizations furnish health care services to establish a process for the State Medicaid agency to seek advice on a regular, ongoing basis. The State Medicaid agency should seek advice from designees of Indian health programs, whether operated by the Indian Health Service (IHS), Tribes or Tribal organizations under the Indian Self-Determination and Education Assistance Act (ISDEAA), or Urban Indian Organizations under the Indian Health Care Improvement Act (IHCIA). The Department will provide 60 days prior notice to the Tribal government regarding any plan amendments, waiver requests, and proposals for demonstration projects that are likely to have a direct effect on Indian Tribes, Tribal Organizations or Urban Indian Organizations.
The Department has collaborated with the Tribes to establish the following two-tier consultation process between representatives of the Tribes and the Department. When there are general changes to policies that do not have a direct effect on Indian Health Services the first tier of consultation will be utilized. The first tier consists of the following:
Written notification via the Interested Parties List Listserv updates Any other correspondence that pertains to general changesWhen there is a direct effect to Indian Health Services the second tier of consultation will be utilized. The second tier consultation consists of the following:
Face-to-face meetings Direct email communications Written notification via the Interested Parties List Listserv updates Any other correspondence that pertains to general changes Telephone communicationsC.M.R. 10, 144, ch. 101, ch. II, 144-101-II-9, subsec. 144-101-II-9.05