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COVID-19 AND ITS IMPACT ON TRIBAL COMMUNITIES IN NM

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There is no equal access to COVID-19 testing and treatment.

While this is an “equal opportunity crisis”, the impact and burden will not be shared equally among all communities. American Indian/Alaska Native (AI/AN) will carry the brunt of this as immigrants, and other people of color.

Federal Responsibility and IHS

The U.S. Government has a Trust Responsibility to AI/AN Tribes through the COTUS, Treaties, Executive Orders, Statutes. The trust relationship establishes a responsibility for a variety of services and benefits to Indian people based on their status as Indians, including health care.

IHS is founded in 1955 to meet the needs of AI/AN Tribes (within US Health and Human Services) and has significantly been underfunded by the U.S. Government throughout the years

IHS is reliant on third party reimbursement (Medicaid and Medicare, and private insurance).

COVID-19 (AKA CORONAVIRUS)

The best offense and defense against COVID-19:

  • Prevention is the best 
  • Washing hands, social distancing, not traveling, and staying home
  • Testing is also recommended

Similar to other hospitals and providers, IHS is not ready to address the COVID-19. There are not enough Personal Protection Equipment, and even doctors, nurses, other providers The IHS has 71 or fewer ventilators and 33 intensive care unit (ICU) beds at the 24 hospitals it runs.
(See Native American Communities And COVID-19: How Foundations Can Help)

IHS COVID-19 TESTING—All Service Areas & Navajo and Albuquerque Areas

COVID-19 testing is limited in IHS areas.

Source: IHS.GOV/CORONAVIRUS

Challenges that Tribes Face

“Covid-19 could be a perfect storm for Indian Country”

Dante Desiderio (Native American Financial Officers Association)

Some tribes do not have access to clean drinking water and lack infrastructure for water. Overcrowded homes pose an issue as 17% of AI/AN households are overcrowded making social distancing a challenge.

Native Americans have high rates of preexisting conditions (i.e. diabetes, hypertension, heart disease, cancer) that impact the immune system and may contribute to poor outcomes for COVID-19 patients.

Right now, there are limited economic opportunities because tribal casinos and hotels were closed due to the COVID-19 pandemic which significantly impacts households headed by AI/AN women. This may lead to employees being laid off and therefore have to apply for unemployment. This has an immediate impact on tribes and in the long run because there are no revenues coming in for tribal operations (i.e. gaming profits supports tribal health, education, and economic development)

Source: The coronavirus is exacerbating vulnerabilities Native communities already face

THE NAVAJO NATION EXPERIENCE (AZ, NM, UT)

Navajo Nation has largest outbreak among tribes in the U.S.” 

Navajo Nation President has issued stay at home order (as early as March 17, 2020) and a curfew. On 4/1/20, according to the Navajo Nation President, Jonthan Nez, the number of positive tests for COVID-19 reached a total of 214 and 7 confirmed deaths related to COVID-19. 

The 214 cases include the following counties:

  • Navajo County, AZ: 97
  • Apache County, AZ: 22
  • Coconino County, AZ: 49
  • McKinley County, NM: 14
  • San Juan County, NM: 22
  • Cibola County, NM: 3
  • San Juan County, UT: 7

Navajo Nation Challenges

There are limited number of IHS and Tribal 638 clinics and hospitals on the Navajo Nation covering an area the size of West Virginia. 

Navajo is one of the largest AI/AN Tribes by population, including living on reservation. In New Mexico, sites include Crownpoint, Shiprock, Gallup and Arizona sites include Kayenta, Tuba City, Chinle, Pinon, Winslow.

Challenges:

  • Rural and frontier lands (2-4 hour drives to major towns)
  • High poverty rates and unemployment rates (now likely worsened by the COVID-19 as the rest of the country)
  • Lack of drinking water, and limited access to internet
  • Stark health conditions
  • Slow federal and state responses (AZ and UT had a slower response compared to NM)
  • Limited food supply and food desert (not many grocery stores)
  • Transportation for families to have AI/AN children participate in school breakfast and lunch programs

Federal Action

H.R. 6074 —Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020, signed March 6, 2020

$8.3 billion for medical and pharmaceutical research, relief for small businesses and public health funding. This includes at least $40million in direct set-aside funding for tribal nations, organizations, and urban Indian organizations.

CDC to distribute funds to Tribes, meanwhile Tribes have asked DHHS to transfer money from CDC to IHS.

Recommendation:  Federal government should increase the set aside from $40 million to $120million as Tribes have recommended.

Declaration of Emergency

President Trump declared a National Emergency in regards to COVID-19 on March 13, 2020. This opens up FEMA funds at 75% cost share. Tribal nations can request a waiver of their 25% cost share; allowing DHHS to release national stockpiles and waive Medicare, Medicaid, Children’s health insurance regulations.

Navajo Nation President recently reported that they got some of the equipment from the national stockpiles, but it sounds like it wasn’t enough (as states have also reported).

H.R. 6201—Families First CoronaVirus Response Act (aka Phase 2), signed March 18, 2020

Includes $64 million to be appropriated to Indian Health Services account.

Additionally, H.R. 6201:

  • Includes coverage of testing for COVID-19 at no cost for AI/AN regardless of where services have been authorized
  • Lastly $10 million set aside for grants for Indian Programs with Older Americans Act.

Recommendation: More funding should be provided to Tribes to combat COVID-19.

S. 3528, Coronavirus Aid, Relief, and Economic Security Act or CARES Act (aka Phase 3), signed March 27, 2020 

$2 trillion stimulus package to battle COVID-19

For individuals:

  • Native American taxpayers can get $1200 (individuals) and $2400 for married couples.
  • Native Americans who become unemployed or underemployed can apply for their state’s unemployment insurance 
  • Native Americans can apply for SNAP (formerly Food stamps)
    • $15.5 billion going to cover the expected costs of new applications

Other federal/state programs are on-going such as Medicaid and ACA enrollment for Native Americans.

For tribal government and businesses, CARES

  • Creates a $150 billion Corona Virus Relief Fund for state, local, and tribal governments
    • $1.25 billion for New Mexico (and other smaller states, this is the minimum) and all 562 federally recognized tribes share $8 billion.  
  • $45 billion for Disaster Relief Fund for immediate needs of state, local, tribal and territorial governments 
  • $453 million to Bureau of Indian Affairs to prepare for and respond to Coronavirus for Public Safety, Welfare and social services programs, and other tribal government assistance
  • US Department of Treasury’s Loans and Guarantee Loans §4002 makes Tribes and their businesses eligible for the $454 billion loan guarantee fund
    • Tribal casinos likely will not be able to access more than $350 billion in emergency loans available through the U.S. Small Business Association, which is prohibited from lending money to casinos or gaming operations by federal law

For more information, visit NCAI

The Future

4th phase? There are some reports that a 4th federal package is underway. We are keeping our eyes on this development.

Outside of that, the U.S.should uphold its trust responsibility and invest in AI/AN healthcare facilities, services and infrastructure so that AI/AN can be prepared for the next pandemic.

View presentation of this information.

COVID-19 Update

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Dear SWLC Friends & Colleagues,

In light of the evolving public health emergency due to COVID-19 (aka Coronavirus), the Southwest Women’s Law Center (SWLC) is taking a number of steps in an attempt to minimize exposure and slow the projected spread of infection. Effective, March 24, 2020, and until further notice, SWLC is temporarily closing its office to the public. In the interim, all staff are working remotely and can be reached via email or other means as arranged. Additionally, our phone line has been forwarded to our Office Administrator and calls are being accepted and returned M-F, between 9-5 p.m. (Mountain). Our phone number is 505-244-0502. 
 
You may continue to follow us on our social media pages (Twitter, Facebook, Instagram and our SWLC website). 

During this time, we are grateful for our friends, families, supporters, our communities, our country and the world. With that we ask you to continue to take precautions necessary to be healthy. 
 
Truly yours,
Terrelene Massey
Executive Director

CALL TO ACTION: Contact Senate Judiciary Committee members to support Pregnant Worker Accommodation Act

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The Southwest Women’s Law Center (SWLC) supports policies that help New Mexican women and their families reach economic security and stability. The SWLC has been working with Rep. Gail Chasey and Sen. Liz Stefanics on the Pregnant Worker Accommodation bill since 2015.  With its supporters, SWLC hopes that HB 25/a will become law in New Mexico in 2020. 

Since the 2019 session, bipartisan support for HB25/a has grown to include business interest groups, most recently including the Association of Commerce and Industry, the NM Hospitality Association, the Hispano Chamber of Commerce, and Albuquerque Teachers Federation. They join a number of women’s rights and worker rights advocacy groups, who stand in support of this important legislative effort.

House Bill (HB) 25/a provides pregnant workers the opportunity to continue to work to support their growing families without risking the health of a pregnancy or the loss of a job.  

HB 25/a is scheduled to be heard next by the Senate Judiciary Committee.  SWLC is requesting that supporters of the bill call or e-mail the SJC members and ask them to hear the bill as soon as possible; and to support the bill. (See below for SJC members and contact information). During the 2019 Legislative Session, the Senate Judiciary Committee voted for a similar version of the bill, HB 196, by a vote of 6-0.

HB 25 has been receiving widespread support from Democrats and Republicans. On February 13th, HB 25/a passed the New Mexico Senate’s Public Affairs Committee unanimously with a vote of 6-0. HB 25/a also passed the House of Representatives unanimously by a vote of 65-0.  During the House Judiciary Committee, HB 25 was amended, which allowed for the support of the Association of Commerce and Industry, the Hispano Chamber of Commerce and the NM Hospitality Association. 

What does HB 25/a do?   

  • Employers with four or more employees are required to grant a reasonable accommodation for an employee with a need arising from pregnancy, childbirth, or related condition, as long as it does not create an undue hardship for the employer. 
  • A reasonable accommodation is a change to the employee’s work environment, work rules or job responsibilities to accommodate a pregnant worker with a need arising from pregnancy, childbirth, or related conditions.  
  • PWA extends the protections of the Human Rights Act to pregnant workers who need an accommodation arising from pregnancy, childbirth or a related condition.  These protections include prohibiting discrimination in hiring, discharge, promotion, demotion, compensation, leave, terms, conditions, or privileges of employment.  
  • Some examples of a reasonable accommodation include allowing an employee to keep water at their workstation, extra bathroom breaks, reprieve from heavy lifting, light duty, or time off to attend prenatal appointments.

SWLC requests supporters to help pass HB 25/a.  The 2020 NM Legislative Session ends at noon on Thursday, February 20.  If HB 25/a passes at the Senate Judiciary Committee, the bill will go to the Senate Floor.

To support SWLC’s efforts on HB 25/a, please donate at swwomenslaw.org.

Respectfully,
Terrelene Massey,  Executive Director

View contact information for the Senate Judiciary Committee

Senate Public Affairs Committee Unanimously Passes House Bill 25/a – Pregnant Worker Accommodation Act

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HB 25/a moving to Senate Judiciary next. Please call or e-mail Senate Judiciary members to support House Bill 25 as amended, and ask them to put it on agenda 

The Southwest Women’s Law Center (SWLC) supports policies that help New Mexican women and their families reach economic security and stability. The SWLC has been working with Rep. Gail Chasey and Sen. Liz Stefanics on the Pregnant Worker Accommodation bill since 2015. With its supporters, SWLC hopes that HB 25/a will become law in New Mexico in 2020. 

House Bill (HB) 25/a provides pregnant workers the opportunity to continue to work to support their growing families without risking the health of a pregnancy or the loss of a job. On February 13th, HB 25/a passed the New Mexico Senate’s Public Affairs Committee unanimously with a vote of 6-0. 

HB 25/a is scheduled to be heard next by the Senate Judiciary Committee. SWLC is requesting that supporters of the bill call or e-mail the SJC members and ask them to hear the bill as soon as possible; and to support the bill. (See below for SJC members and contact information). 

During the 2019 Legislative Session, the Senate Judiciary Committee voted for a similar version of the bill, HB 196, by a vote of 6-0. 

Last week, HB 25/a passed the House of Representatives unanimously by a vote of 65-0. Prior to that, in the House Judiciary Committee, HB 25 was amended, which allowed for the support of the Association of Commerce and Industry, the Hispano Chamber of Commerce and the NM Hospitality Association. 

What does HB 25/1 do?

 Employers with four or more employees are required to grant reasonable accommodation for an employee with a need arising from pregnancy, childbirth, or a related condition, as long as it does not create an undue hardship for the employer. 

 A reasonable accommodation is a change to the employee’s work environment, work rules or job responsibilities to accommodate a pregnant worker with a need arising from pregnancy, childbirth, or related conditions. 

 Some examples of a reasonable accommodation include: 

  • allowing an employee to keep water at their workstation, 
  • extra bathroom breaks, 
  • a reprieve from heavy lifting, 
  • light duty, or 
  • time off to attend prenatal appointments. 

 PWA extends the protections of the Human Rights Act to pregnant workers who need an accommodation arising from pregnancy, childbirth or a related condition. These protections include prohibiting discrimination in hiring, discharge, promotion, demotion, compensation, leave, terms, conditions, or privileges of employment. 

SWLC requests supporters to help pass HB 25/a. Let’s do it this fourth and last time! Please also thank our bill sponsors – Sen. Liz Stefanics and Rep. Gail Chasey- for their leadership in protecting and advancing women’s rights. 

To support SWLC’s efforts on Pregnant Workers Accommodation, please donate at swwomenslaw.org. 

Respectfully, 

Terrelene Massey, J.D. and MPaff
Executive Director

Download PDF version

Learn more about the Pregnant Worker Accommodation Act

SWLC has a new look.

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The Southwest Women’s Law Center is in the process of updating its brand and its website. 

I started as the Executive Director in January 2019. Following the steps of our two previous dynamic Directors, SWLC is on the path to building a bold and robust future for all New Mexican women and girls, and we want our presence to reflect that. Our work will continue to be highlighted here on our new website as we update our platform, along with using social and print media. Our prior work will be preserved and maintained, as recognition and part of SWLC’s rich past.  

Thank you to all the current and past staff, Board of Directors, legal interns, consultants, and our supporters.

Terrelene Massey
Executive Director

Access to Reproductive Health Care

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How can we bring comprehensive and affordable abortion care to the most marginalized individuals? Reproductive justice leaders weigh in on the subject on Colorlines.com including SWLC’s Executive Director, Terrelene Massey.

I’ve seen first-hand how Indigenous women and communities face too many barriers to have our basic needs met—and that includes access to reproductive health care. Since 1976, the Hyde Amendment has prohibited the use of federal funds to cover abortions for those who access health care through Medicaid or the Indian Health Service. Hyde and other intersecting, discriminatory policies have worked together to hack away at the full promise of Roe v. Wade for Indigenous people.

We’re fighting for a future that includes all of us, and leaves no one—including Indigenous people and those of us living on reservations, Indian land and in rural areas—behind. Our work must do more than sustain abortion rights as they are. Reproductive health care must be affordable and geographically accessible for the most marginalized communities, and to achieve this vision for all of us, we must follow the lead of the Indigenous women and people most impacted by this fight.

Terrelene Massey, Executive Director
Southwest Women’s Law Center


Read full Op-Ed here

Photo Credit: Alfred Gescheidt/Getty Images, Pro-Choice March in Washington D.C., May 4, 1992