Legal Question in Appeals and Writs in Oklahoma

I am a member of the Cherokee Nation. In March of this year I was referred out a Indian Health Hospital emergency room by the attending physician to another hospital for care. After I was transferred to the hospital for treatment over a 4 day period the branch of Indian Health Care that was to pay for my care while at the hospital denied payment. I have appealed the decision 3 times and have been told that my appeals are exhausted. Do I have any other resources to have payment made on this referral by the Indian Health Services?


Asked on 8/23/15, 8:03 am

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

You say that you've appealed the decision, but you haven't said to whom. Were these appeals handled within the health services organization? By an administrative agency? Did you go to court? And if you did, was the court tribal, state, or federal?

If you've been dealing only with the organization or if you've been to a tribal court, you may want to re-post your question under Native American law. Otherwise, please re-post it in this category with a bit more information about the proceedings you've already had. Depending on exactly what happened, you may also want to try posting it under Administrative Law, Health Care Law, and/or Insurance Law.

Your best bet would be to consult with a lawyer in your community who handles similar claims. I realize that might not be feasible. If it is, though, it would be more helpful than posting questions on this site. Even if you get only a brief consultation, it could at least give you a better understanding of your rights and help you decide who else to approach and what to ask them.

Good luck.

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Answered on 8/23/15, 12:48 pm


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