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A. The Osage Nation Congress finds it is in the best interest of the Nation and its members to support the health and wellness of individual eligible Osage Nation members regardless of residence.

B. The Osage Nation Congress finds that a Health Benefit Fund should be established to allow set dollar amounts to be paid out for eligible medical expenses incurred and insurance coverage provided to individual eligible members sponsored by the Nation and purchased for the benefit of those eligible members who elect such coverage.

C. The Osage Nation will benefit from the assistance of the Osage Nation Treasurer to oversee expenditures from the fund, the Osage Nation Attorney General to review documents structured to provide a plan and fiduciary responsibilities for third parties to administer the benefit and to ensure accountability, and from the assistance of third-party administrators to adjudicate eligible expenses via health accounts, and implement policies as appropriate.

D. The Osage Nation Congress finds a non-ERISA plan should be created for administration of health accounts, and third-party administrators should be contracted to carry out the provisions of this Act and provide insurance, enroll eligible members, adjudicate eligible expenses, manage the benefit, provide for an appeals process and report quarterly to the Osage Nation Treasurer, the Principal Chief and the Osage Nation Congress.

E. The purpose of this legislation is to establish the Osage Nation Member Health Benefit Fund, and to provide eligibility for Osage Nation members to apply for and utilize the benefits funded through the Osage Nation Member Health Benefit Fund.

F. A further purpose is to authorize the Principal Chief to contract with third-party fiduciary contractors to administer a health benefit plan and provide optional Medigap insurance coverage. ONCA 08-46, eff. Nov. 28, 2008; ONCA 17-116, eff. Oct. 31, 2017; ONCA 18-70, eff. Apr. 25, 2019.