A. In recognition of the inherent sovereign right of the Osage Nation to govern its own activities within its jurisdiction and at the same time recognizing that the United States of America has enacted federal laws that allow Tribes to operate health care services that the United States of America would otherwise provide pursuant to ongoing treaty obligations and the federal trust responsibility, the Osage Nation seeks to exercise its self-determination and self-governance rights to operate, design, and tailor its health system to achieve the highest quality care for Osage Nation citizens. The Osage Nation Congress recognizes the Constitution of the Osage Nation states that the Osage Nation shall provide for the protection and advancement of a health care system for the Osage People.

B. The Osage Nation Congress recognizes the Constitution of the Osage Nation provides that Tribal enterprise boards shall be established, by Osage law, in the Executive Branch, and the Principal Chief shall appoint qualified professionals to oversee operations of Osage Nation business enterprises, by and with the advice and consent of the Osage Nation Congress. The Osage Nation Congress finds the Constitution also provides that the Osage Nation Congress shall reserve the right to review any action taken by the Board, and shall review the Annual Plan of Operation for Si-Si A-Pe-Txa (the Healing Place).

C. By this enactment, it is the intent of the Osage Nation Congress to ensure that Si-Si A-Pe-Txa is constituted and organized in conformity with the Constitutional framework of the Osage Nation for the benefit of the Osage people.

D. By this enactment, it is the intent of the Osage Nation Congress to require that one hundred percent (100%) of all federal health care funding shall be retained by and transferred directly to Si-Si A-Pe-Txa, including all funds from the Indian Health Service and one hundred percent (100%) of all third-party revenues, for use for the specific purposes set forth in the Indian Health Care Improvement Act, 25 U.S.C. §§ 1601 through 1685, and in accordance with the needs and laws of the Osage Nation.

E. As a means of effecting greater accountability and transparency, hereafter Si-Si A-Pe-Txa shall operate under an annual plan of operation and prepare an annual report at the end of each fiscal year in accordance with the provisions set forth in Section 1-106. The annual plan shall be approved by the Board in whole or in part in accordance with Section 1-106.

F. The purpose of this law is to establish a structural and procedural framework that both fosters Si-Si A-Pe-Txa’s accountability to the Nation and provides sufficient flexibility to enable the Enterprise to operate autonomously, efficiently and effectively in order to improve the quality of health care provided to the Osage people, as well as to reduce and limit the exposure to civil liability that may arise in the form of contracts, loans, expenditures, or obligations of the Osage Nation health care system. ONCA 21-31, eff. Apr. 25, 2022.