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Source and Scope of Public Health Legal Powers

Rosebud Sioux Tribe v. United States


Rosebud Sioux Tribe v. United States (U.S. Court of Appeals, 8th Circuit, August 25, 2021): After the Centers for Medicare and Medicaid Services documented persistent shortcomings in the emergency care Rosebud Hospital provided to members of the federally recognized Rosebud Sioux Tribe, the Tribe sued the United States, seeking a declaratory judgment defining the Government’s duty owed to the Tribe. The lower court found that the Government owes the Tribe “competent physician-led healthcare.” The United States appealed, arguing it owes no such duty. The 8th Circuit affirmed the lower court’s decision, finding the Government owed a duty to the Tribe pursuant to the Treaty of Fort Laramie of 1868, which was further buttressed by the Snyder Act and Indian Health Care Improvement Act. Read the full decision here.

View all cases in the Judicial Trends in Public Health – September 15, 2021.

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