Draft Indian Nation agreements and program agreements
With the integration of the Division of Behavioral Health and Recovery (DBHR) into the Health Care Authority (HCA) from the Department of Social and Health Services (DSHS), tribal contracts for DBHR-funded behavioral health programs need to transition to HCA.
This page provides a collaborative space for Indian Nations and the HCA to review and develop agreements.
For your tribal government’s review and advice, we have posted these two draft agreements:
Indian Nation Agreement
This will serve as an umbrella general terms and conditions contract between HCA and the Tribe.
Indian Nation Program Agreement for Behavioral Health Services
This will cover DBHR-funded programs under the Indian Nation Agreement. We anticipate having other program agreements for certain other HCA programs in the future, but the Indian Nation Agreement and Program Agreement framework will not replace any of the existing contracts that HCA has with Tribes.
In response to some tribes’ interest in receiving these DBHR-funds on a reimbursement basis, HCA has prepared the Indian Nation Agreement for Behavioral Health Services so that each Tribe will select one of two options on how to receive funding:
- Advance funding with quarterly expenditure reports – This option will follow the existing DSHS consolidated contract model, where the Tribe receives funds for each state fiscal biennium in advance and then submits quarterly expenditure reports on how the funds have been expended. Due to the requirements to close out a fiscal year before releasing funds for the next fiscal year, this option often results in delayed funding to Tribes at the start of each state fiscal year.
- Quarterly or monthly reimbursement – This option will follow the typical reimbursement model, where the Tribe receives funds after submitting reimbursement requests every quarter, every two months, or every month. With this option, the Tribe spends the funds on the program and is then reimbursed.
In addition, HCA has prepared the Indian Nation Program Agreement for Behavioral Health Services so that the Tribe will prepare a single Tribal plan for all DBHR-funded programs covered by the agreement, although there may be some DBHR-funded programs that will fall under a different program agreement in certain circumstances.
Except for these differences, HCA has tried to keep the Indian Nation Agreements and the Indian Nation Program Agreements for Behavioral Health Services substantively similar to the DSHS consolidated contracts.
Will there be a venue for discussing concerns?
Yes. HCA will schedule two webinar-based meetings during the month of August for tribal attorneys and representatives to discuss any concerns they may have about these agreements with HCA attorneys.
To review and send comments:
- Download the agreement.
- Review and edit the document. (These are Word documents with "Track Changes" turned on. Changes will be tracked automatically as you edit.)
- Return your edited version via email to Jesse Dean, Tribal Affairs administrator.