Comment on FR Doc # 2011-33345

See attached file(s) Dear Inspector General: In response to the December 29, 2011, Department of Health and Human Services (“HHS”) Office of the Inspector General (“OIG”) annual solicitation for proposals to develop or modify safe harbor provisions under the Federal anti-kickback statute (OIG–120–N), the National Indian Health Board (NIHB) proposes the addition of one or more safe harbors to exempt certain transactions in which an Indian health program is one of the parties. Established 40 years ago, NIHB is an inter-Tribal organization that advocates on behalf of Tribal governments for the provision of quality health care to all American Indians and Alaska Natives. The NIHB is governed by a Board of Directors consisting of a representative from each of the twelve Indian Health Service (“IHS”) Areas. Each Area Health Board elects a representative to sit on the NIHB Board of Directors. In areas where there is no Area Health Board, Tribal governments choose a representative who communicates policy information and concerns of the Tribes in that area with NIHB. Whether Tribes operate their entire health care program through contracts or compacts with IHS under Pub. L. 93-638, the Indian Self-Determination and Education Assistance Act (“ISDEAA”), or continue to also rely on IHS for delivery of some, or even most, of their health care, NIHB is their advocate. 1. Introduction and Background The Indian health system is arguably the only truly integrated health system in the United States. It is comprised of the Indian Health Service, tribal health programs, and urban Indian organizations (“Indian health care providers”). Indian health care providers work to fulfill the Nation’s special trust responsibilities and legal obligations to Indians– (1) to ensure the highest possible health status for Indians and urban Indians and to provide all resources necessary to effect that policy; (2) to raise the health status of Indians and urban Indians to at least t