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Tribe sues over hospital handover
By CLIFTON ADCOCK World Staff Writer
Published:
10/1/2008 2:09 AM
Last Modified: 10/1/2008 2:09 AM
The United Keetoowah Band of Cherokee Indians filed a lawsuit Tuesday against several top government officials, alleging they violated federal law by turning over the W.W. Hastings Indian Hospital to the Cherokee Nation.
The Cherokee Nation is scheduled to assume control of the Tahlequah hospital at a ceremony Wednesday morning. The suit asks for an injunction to stop the Cherokee Nation from having operational control of the facility.
The W.W. Hastings hospital had been operated by Indian Health Services, a division of the U.S. Department of Health and Human Services.
Both the UKB, which is made up of around 12,500 members, and the Cherokee Nation are based in Tahlequah — close quarters that often put the two tribes at odds.
The suit, filed in U.S. District Court in Muskogee, names Secretary of the Interior Dirk Kempthorne, Secretary of the Department of Health and Human Services Michael Leavitt, Director of Indian Health Services Robert McSwain and IHS's Director of Office of Self Governance Hankie Ortiz as plaintiffs.
The UKB's lawsuit states that government officials violated federal law by not consulting the UKB tribe before entering into the contract with the Cherokee Nation.
"At no point has the tribe issued a tribal resolution approving a contract between the (Cherokee Nation) and IHS related to the providing of health care to the members of either tribe at Hastings or any other medical facility," said UKB Chief George Wickliffe. "This gross failure to comply with statutory mandates is a breach of general trust and statutory obligations to the UKB."
The suit also alleges that the Cherokee Nation, which has operated programs under the Indian Health Service, has denied treatment to UKB members and that the Cherokee Nation routinely coded members of the UKB incorrectly in the registration patient management system as members of the Cherokee Nation, resulting in a decrease in federal health-care funds allocated to the UKB.
Cherokee Nation Principal Chief Chad Smith said the tribe does provide care to UKB members and after the tribe assumes control of Hastings, it will continue to do so.
"Wickliffe's complaint that (UKB) members do not receive services at Cherokee Nation medical facilities is just a flat-out lie," Smith said. "Our clinics serve Native Americans from all tribes, and W.W. Hastings hospital will continue to serve (UKB) members under Cherokee Nation operations. Our agreement with IHS requires it. Wickliffe has never been able to prove any of these allegations."
Smith said the lawsuit is an attempt by UKB leaders to claim jurisdiction within the Cherokee Nation's boundaries.
"In short, this is yet another in a long line of court cases in which the (UKB) tries to assert some sort of jurisdiction over territory within the Cherokee Nation, and will end, just as all the other cases have, with the (UKB) having paid a lot of money to attorneys but having nothing to show for it."
Clifton Adcock 581-8462
clifton.adcock@tulsaworld.com
By CLIFTON ADCOCK World Staff Writer
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WHAT???
, Tulsa (10/1/2008 9:26:34 AM)
Maybe the government is rethinking giving them recognition a few years back. For such a young tribe they cry "not fair" at the drop of the hat. You live in the CHEROKEE NATION get over it.
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Ayo
, T-Town (10/1/2008 10:02:49 AM)
Any IHS facility will serve any Native American.
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Cherokee Born
, (10/1/2008 4:19:56 PM)
Good post, What???.
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Bennie Ray Stephens
, Barnsdall (10/2/2008 2:36:54 PM)
Chad is at it again no matter how much damage he does to the cherokee nation they still let him get away with it and the they is the fed. gov. he has hurt the tribe and its honesty by breaking 5 treaties no not one but 5 first the one that his predicessors did and he still up holds was the first group they stole the land that Chad claims is the Emigrant groups land well as I said before his history didn't start untill the trail of tears. he needs to go back further then the defunct Dawes Rolls that were after being presented to the Fed. Gov. were hid for 8 years and then they were decreed null and void as they left 4 hundred pages of the Western old Settlers off the rolls and to have the gaul to say they have to go by them is wrong there were many other Rolls such just for example the Hester rolls the Henderson rolls the old settlers rolls the Drennen Rolls and the syller rolls also the guion miller connected to the dawes rolls left 2 hundred pages of the Old Settlers off the rolls and the other rolls that I mentioned were made befor the Dawes or Miller rolls were what happened to all the Aboriginal peoples names that were listed on these rolls did they just cese to exist I don't completely blame Chad for what he inherited as a Chief But this has happened sence 1839 When Chief John Ross 1/8 ndn and later and the Federal Government Construde to the take over. The Headquarters of the Old Settlers that traded there lands in Ark. for the lands in Okla. and as far as that goes The KGB or Keetoowahs came to ark and became western cherokees as a groupe off shoot of the WesternCherokee old Settlers, and when we traded our lands in Arl. the KGB came on into Okla with us and the imigrant group that Chad adopted name Smith amcestry came from was the group that stole the Office and the lands along with the help of the Federal Gov. and this is just a short history lesson of more is needed I have boxes full that were passed down by my ancestry that were run out of the lands they owned here and went to Texas. But not all our Chiefs went to texas the lands at gore that is so mockedly mande into a sight seeres place which is still the last strong hold the Old Settlers have in Okla according to Chad and his predecessors But what did they pay for the lands they claim notheing but a Coo or take over and dowm right theft of lands they do not own The actual Owners are the Old Settlers and that brings to mind another thing if it was done as it was supposed to be done The KGB .The Old Settlers The Delaware The Shawnee The freedman and last but not least the Emigrant group that chad is a membir of according to the treaty of 1839 we would all be one nation at Telaquah, why is it that this treaty is not up heldshall we say greed by the Emigrant group.ps. Ileft out another white man that was chief WWKeeler1/16 cherokee. has this group not ran the nation into the pot or not. sure they have many things going for them and Not to demean anyone there has been some good done along the way But in my oprenion not enough good that it gives the People in charge any reason to get rid of whole tribes of the cherokees just for there owm greed and if you look at what is happening in
Washington 17 Peoples that work fir a former Chief have pot parties Drunken parties and yes even sex parties and last but not least The man that left his last term and went to washington Botched his Job over the BIA and again over the Trust fund and now again for the giveing of Funds from the minerals roylties mucho denero given to the wrong people s. How can the fed. Gov. Keep such screw ups in the offices of our nation ?
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