Comments from Jemez Pueblo re: CMS 1115 waiver tribal consultation guidance

The Pueblo of Jemez does not believe that NM Medicaid met the requirements described in your email because the submitted application does not contain documented proof. It also does not contain responses from the tribal governments, only a few discussion notes.

The Pueblo of Jemez also believes that that the Centennial Care Plan submitted by the State of New Mexico should be identified by CMS as a policy that has tribal implications and a substantial direct effect on Indian Tribes or on the relationship between Tribes and the Federal Government, specifically Medicaid funding, thus compelling tribal consultation.
According to the (CMS) Tribal Consultation policy: “…policies with Tribal Implications refers to regulations, statutes, legislation, and other policy statements or actions that have substantial direct effects on one or more Indian Tribes, on the relationship between the Federal government and Indian Tribes, or on the distribution of power and responsibilities between the Federal government and Indian Tribes.”

Therefore, we submitted the attached letter to CMS formally requesting tribal consultation. Now, I want to make sure that everyone knows- Jemez in no way intended to “go ahead” of the other tribes. Instead, we just wanted a formal letter to be submitted so that CMS is compelled to respond. In that way, we can delay the approval of the Centennial Care waiver request and buy time for other tribes and tribal organizations to get their tribal leaders to formally weigh in. This is also reflected in the attached letter.

Unfortunately, we worker bees cannot exercise the right to consultation, only tribes/tribal leaders can. It is our opinion that time is of the essence and that some formal request needed to be submitted to CMS. We are hopeful that there are similar letters to CMS coming from tribal governments across the state.