"KanCare" Kansas 1115 Waiver with the NA portion still "opted Out"

I got Kansas's 1115 Waiver "Kancare" off the Center for Medicare and Medicaid (CMS.gov) yesterday,  and reading the Native American Specific portion of the Waiver (the last 10 pages or so) I found that Kansas really understands Tribes, the Federal obligation and the Government to Government relationship.  The 4 Tribes in Kansas cited several laws that proved that States DO NOT HAVE the RIGHT to MANDATE Native Americans into MANAGED CARE.  The way the waiver is worded the Tribes allowed their members to be automatically "OPTED INTO" Managed care with the Ability to then choose to be "OPTED OUT'.  This is the point that we here in NM need to make other Tribes still have the an "OPT OUT" catagory.


http://www.medicaid.gov/Medicaid-CHIP-Program-Information/By-Topics/Waivers/1115/downloads/ks/ks-kancare-pa.pdf