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UKBCIO’s Bid to Take Over Hospital Thrown Out

News from the Cherokee Nation, OK
Cherokee News Path ~ Tuesday, June 2, 2009

Copyright © 2009 CNO
All Rights Reserved


Muskogee, Oklahoma - A federal judge has dismissed a case filed by the United Keetoowah Band of Cherokee Indians of Oklahoma asking that the Cherokee Nation not be allowed to operate W.W. Hastings Indian Hospital.

James Payne, a U.S. District Judge for the Eastern District of Oklahoma, ruled that the case could not go forward without the Cherokee Nation as a party in the lawsuit and dismissed the case.

“The federal government followed the proper steps in contracting operations of Hastings Hospital to the Cherokee Nation,” said Melissa Gower, Group Leader for Health Services at Cherokee Nation. “We have operated the hospital since October 1 and have been making facility improvements and adding services since then.”

The Cherokee Nation has purchased more than $3 million in new medical equipment for Hastings since it began operations, and added annual women’s health exams and private hospital rooms. In the coming months, the Cherokee Nation will renovate the emergency room and install a new roof at Hastings. The UKBCIO’s lawsuit would have prevented all those upgrades in health care for patients of the facility, including members of the UKBCIO who use W.W. Hastings Indian Hospital.

“The UKB’s elected officials have been rejected by the federal court yet again with their worn out and losing arguments,” said Chad Smith, Principal Chief of the Cherokee Nation. “They fought to keep us from improving health care for all Indians, including their members. Instead of fighting and losing the same battles over and over again, maybe it’s time the UKBCIO’s leadership used their time and money to help Cherokees rather than destroying health care. They continue to claim they have land base and jurisdiction within the Cherokee Nation while the law says otherwise, and has said otherwise for 170 years.”

“The Nation is pleased that Judge Payne recognizes that this case cannot continue without the Cherokee Nation, and that the Nation cannot be brought into the case without its consent,” said Diane Hammons, Attorney General for the Cherokee Nation. “That precept is the heart of sovereign immunity. Any other result would have flown in the face of a long history of precedent.”

UKB Dismissal Judgement.pdf (30 KB)


Related path(s):

*Cherokee Nation, Oklahoma

*Cherokee Nation, Oklahoma / Washington Office

*Cherokee Heritage Center

*Cherokee Casinos

*Cherokee Nation Businesses

*Cherokee Elder Care


Related Cherokee Nation contact information:

Mike Miller, Cherokee Nation
Director of Communications
Phone: 918-456-0671 (ext.2210)
Fax: 918-458-5580
E-mail: Communications@cherokee.org

Larry Daugherty, Advertising Manager
Cherokee Nation - Public Affairs
Phone 918-456-0671 (Ex.2324)
E-mail: ldaugherty@cherokee.org


Steven Swogger, Agriculture Liaison
Natural Resources Department
Phone: 918-456-0671 (ext.2546)
FAX: 918-458-7673
E-mail: sswogger@cherokee.org

Bradley D. Peak, Cherokee Nation
Natural Resources Specialist
Phone: 918-456-0671 (ex.2843)
E-mail: bpeak@cherokee.org


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