On November 5, 2009, President Obama issued an executive order requiring all agencies to engage in regular and meaningful consultation and collaboration with Tribal officials. On November 17, 2011, the Centers for Medicare and Medicaid Services (CMS) finalized an agency specific Tribal Consultation Policy to establish a clear, concise and mutually acceptable process through which consultation can take place between CMS and Tribes.
As part of a periodic review of the Policy and through Tribal consultation, CMS issued a revised CMS Tribal Consultation Policy effective December 10, 2015. This revised policy includes a new section eight that incorporates the State/Tribal consultation requirements for State Medicaid agencies to obtain the advice and input from Indian health care providers and Tribes prior to changes in the Medicaid programs having Tribal implications.
For more information on the Tribal Consultation Policy and the process through which it was developed, download the Dear Tribal Leader Letter (PDF).