Oneida Business Committee (2021)

Tribal code

Ask Donna

What actually matters in this document.

Text

Public Packet

1 of 13

Oneida Business Committee

Emergency Meeting

8:00 AM Wednesday, June 30, 2021

BC Conference Room, 2nd floor, Norbert Hill Center

Agenda

Meeting agenda is available here: oneida-nsn.gov/government/business-committee/agendas-packets/.

Materials for the “General Tribal Council” section of the agenda, if any, are available to enrolled members

of the Oneida Nation; to obtain a copy, visit the BC Support Office, 2nd floor, Norbert Hill Center and

present a valid Tribal I.D. or go to https://goo.gl/uLp2jE. Scheduled times are subject to change.

NOTICE

In accordance with the OBC Virtual meeting standard operating procedure, due to the Public

Health State of Emergency the OBC meeting will be held virtually through Microsoft Teams and

therefore be closed to the public. Any person who has comments or questions regarding open

session items may submit them to TribalSecretary@oneidanation.org no later than the close of

business the day before the OBC meeting. Any comments or questions received shall be noticed

to the OBC and entered into the record as a handout by the Business Committee Support Office. A

recording of the virtual meeting shall be made available on the Nation’s website.

CALL TO ORDER

II.

OPENING

III.

ADOPT THE AGENDA

IV.

RESOLUTIONS

Adopt resolution entitled Adoption of the Oneida Nation Employee Vaccination

Incentive Plan for Employees Who Are Not Oneida Nation Members

Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs

Consider resolution regarding Direct Membership Assistance in accordance the

project approval process in resolution BC-06-09-21-B

Sponsor: Mark W. Powless, General Manager

Consider resolution regarding Membership Vaccination Incentive in accordance the

project approval process in resolution BC-06-09-21-B

Sponsor: Mark W. Powless, General Manager

Oneida Business Committee

Emergency Meeting Agenda

Page 1 of 2

June 30, 2021

Public Packet

2 of 13

GENERAL TRIBAL COUNCIL

VI.

Approve two (2) actions to schedule special General Tribal Council meetings

Sponsor: Lisa Liggins, Secretary

EXECUTIVE SESSION

NEW BUSINESS

VII.

Adopt the resolution entitled Approving Third Amendment to the Oneida

Nation & State of Wisconsin Gaming Compact of 1991

Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs

ADJOURN

Posted on the Oneida Nation’s official website, www.oneida-nsn.gov pursuant to the Open Records and

Open Meetings law (§ 107.14.)

The meeting packet of the open session materials for this meeting is available by going to the Oneida

Nation’s official website at: oneida-nsn.gov/government/business-committee/agendas-packets/

For information about this meeting, please call the Business Committee Support Office at (920) 869-4364

or (800) 236-2214

Oneida Business Committee

Emergency Meeting Agenda

Page 2 of 2

June 30, 2021

Public Packet

3 of 13

Oneida Business Committee Agenda Request

Adopt resolution entitled Adoption of the Oneida Nation Employee Vaccination Incentive Plan for...

1. Meeting Date Requested:

/ 30 / 21

2. General Information:

Session:

Open

Agenda Header:

Executive - See instructions for the applicable laws, then choose one:

Resolutions

Accept as Information only

Action - please describe:

Adopt resolution entitled Adoption of the Oneida Nation Employee Vaccination Incentive Plan for

Employees Who Are Not Oneida Nation Members

3. Supporting Materials

Report

Resolution

Contract

Other:

1. Statement of Effect - HANDOUT

3. 6/2/21 Employee COVID Vaccination Status

2. COVID Vaccination Verification & Incentive SOP

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

Unbudgeted

5. Submission

Authorized Sponsor / Liaison:

Jennifer Webster, Council Member

Primary Requestor/Submitter:

Candice Skenandore, Self Governance Coordinator/IGAC

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

Page 1 of 2

Public Packet

4 of 13

Oneida Business Committee Agenda Request

6. Cover Memo:

Describe the purpose, background/history, and action requested:

On June 23, 2021, the Business Committee decided to use IHS ARPA funds to pay for incentives in the amount of

$500 for eligible employees of the Nation who are not enrolled members of the Oneida Nation.

In accordance with BC Resolution 6-9-21-B, a resolution is required to use ARPA funds that come through the Self

Governance Office.

This resolution will approve the Oneida Nation Employee Vaccination Incentive Plan for Employees Who Are Not

Oneida Nation Members, these incentives will be paid using IHS ARPA funds, the Nation's Compensation and

Benefits Director will be assigned as the Project Owner, and the use of the IHS ARPA funds complies with the

following six (6) standards identified in the US Department of Health and Human Services’ Office of Inspector

General frequently asked questions document (last updated on May 24, 2021/retrieved on June 25, 2021):

1) the incentive or reward is furnished in connection with receiving a required dose of a COVID-19 vaccine; and

2) the vaccine is authorized or approved by the Food and Drug Administration as a COVID-19 vaccine and is

administered in accordance with all other applicable Federal and State rules and regulations and the conditions

for the provider or supplier receiving vaccine supply from the Federal government; and

3) the incentive or reward is not tied to or contingent upon any other arrangement or agreement between the

entity offering the incentive or reward and the Federal health care program beneficiary; and

4) the incentive or reward is not conditioned on the recipient's past or anticipated future use of other items or

services that are reimbursable, in whole or in part, by Federal health care programs; and

5) the incentive or reward is offered without taking into account the insurance coverage of the patient (or lack of

insurance coverage) unless the incentive or reward is being offered by a managed care organization and

eligibility is limited to its enrollees; and

6) the incentive or reward is provided during the COVID-19 public health emergency

According to HRD, on June 10, 2021 there were 918 employees who are not enrolled members of the Oneida

Nation.

1) Save a copy of this form for your records.

2) Print this form as a *.pdf OR print and scan this form in as *.pdf.

3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org

Page 2 of 2

Public Packet

5 of 13

Oneida Nation

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution #

Adoption of the Oneida Nation Employee Vaccination Incentive Plan for Employees Who Are Not

Oneida Nation Members

WHEREAS,

the Oneida Nation is a federally recognized Indian government and a treaty tribe

recognized by the laws of the United States of America; and

WHEREAS,

the Oneida General Tribal Council is the governing body of the Oneida Nation; and

WHEREAS,

the Oneida Business Committee has been delegated the authority of Article IV, Section 1,

of the Oneida Tribal Constitution by the Oneida General Tribal Council; and

WHEREAS,

the Oneida Nation has received funding from the US Department of Health and Human

Services - Indian Health Service (IHS) through the American Rescue Plan Act of 2021

(ARPA); and

WHEREAS,

the IHS allocated ARPA funding to the Oneida Nation for COVID-19 Vaccine-related

activities to be used for necessary expenses to plan, prepare for, promote, distribute,

administer, and track COVID vaccines and other vaccine related activities; and

WHEREAS,

during both IHS Bemidji Area and National IHS meetings, tribal governments asked if IHS

ARPA funds allocated for vaccine-related activities can be used to incentivize people who

receive COVID-19 vaccinations; and

WHEREAS,

the IHS Bemidji Area provided a frequently asked questions guidance developed by the

US Department of Health and Human Services’ Office of Inspector General (dated May 24,

2021) which states that using ARPA funds in the limited context of the COVID-19 public

health emergency, a health care provider offering or providing a reward or incentive in

connection with the beneficiary receiving the COVID-19 vaccine (either one or both doses)

would be sufficiently low risk under the Federal anti-kickback statute and Beneficiary

Inducements CMP if the identified six (6) safeguards were met (see below); and

WHEREAS,

on June 23, 2021, the Oneida Business Committee decided to use IHS ARPA funds to

incentivize Oneida Nation Employees who are not enrolled Oneida tribal members; and

WHEREAS,

the Oneida Business Committee has identified other funding to incentivize Oneida Nation

members, including those members who may also be employees of the Nation; and

WHEREAS,

having a vaccinated employment base better protects the Oneida Nation membership

when the membership comes in direct contact with the Nation’s employees; and

WHEREAS,

prioritizing the vaccination of Oneida employees ensures a safe and healthy work

environment that will reduce illness among Oneida employees; and

Public Packet

6 of 13

BC Resolution #

Adoption of the Oneida Nation Employee Vaccination Incentive Plan for Employees Who Are Not

Oneida Nation Members

Page 2 of 2

WHEREAS,

having a vaccinated employment base aids in mitigating the spread of the COVID-19 virus;

and

WHEREAS,

the Oneida Nation will provide a $500 incentive to current Oneida Nation employees who

are not enrolled Oneida members that are age eighteen (18) and older who voluntarily

provide proof that they completed the full manufacturer-recommended dose(s) of a COVID19 vaccine or, in other words, who are fully vaccinated against COVID-19; and

WHEREAS,

this project fits within the purpose for which the funds have been received; and

WHEREAS,

this project will begin July 1, 2021 and concluded September 30, 2021; and

WHEREAS,

the Oneida Business Committee has reviewed the proposed project.

NOW THEREFORE BE IT RESOLVED, that the Oneida Business Committee approves the Oneida Nation

Employee Vaccination Incentive Plan for Employees Who Are Not Oneida Nation Members.

NOW THEREFORE BE IT FURTHER RESOLVED, that the Oneida Business Committee approves using

IHS ARPA funds to pay for the portion of eligible Oneida employees who are not enrolled Oneida members.

NOW THEREFORE BE IT FURTHER RESOLVED, that the Oneida Human Resources Department Compensation and Benefits Director will be assigned as the Project Owner.

BE IT FINALLY RESOLVED, the use of the IHS ARPA funds complies with the following six (6) standards

identified in the US Department of Health and Human Services’ Office of Inspector General frequently asked

questions document (last updated on May 24, 2021/retrieved on June 25, 2021):

1) the incentive or reward is furnished in connection with receiving a required dose of a COVID19 vaccine; and

2) the vaccine is authorized or approved by the Food and Drug Administration as a COVID-19

vaccine and is administered in accordance with all other applicable Federal and State rules

and regulations and the conditions for the provider or supplier receiving vaccine supply from

the Federal government; and

3) the incentive or reward is not tied to or contingent upon any other arrangement or agreement

between the entity offering the incentive or reward and the Federal health care program

beneficiary; and

4) the incentive or reward is not conditioned on the recipient's past or anticipated future use of

other items or services that are reimbursable, in whole or in part, by Federal health care

programs; and

5) the incentive or reward is offered without taking into account the insurance coverage of the

patient (or lack of insurance coverage) unless the incentive or reward is being offered by a

managed care organization and eligibility is limited to its enrollees; and

6) the incentive or reward is provided during the COVID-19 public health emergency.

Public Packet

7 of 13

TITLE:

COVID-19 Vaccination Verification and Incentive

ORIGINATION

DATE:

May 26, 2021

REVISION DATE:

ONEIDA NATION

STANDARD

OPERATING

PROCEDURE

EFFECTIVE DATE:

After last signature

APPROVED BY: HRD Compensation & Benefits

Director

DATE:

APPROVED BY: Employee Health Nursing

DATE

APPROVED BY: Comprehensive Health Division

DATE:

EEO REFERENCE

NUMBER:

COMPLIANCE REVIEW BY: EEO

DATE:

PAGE NO: 1 of 4

APPROVED BY: HRD Manager

DATE:

AUTHOR:

1.0

PURPOSE

1.1

To ensure a safe and healthy work environment that will reduce the number of

illnesses among Oneida Nation employees.

1.2

To collect the minimum information needed to track employee completion of

COVID-19 vaccinations.

1.2.1

Understanding employee completion of COVID-19 vaccinations

allows departments to assess health and safety risks within the

workplace and implement mitigation strategies.

1.2.2

Understanding employee completion of COVID-19 vaccinations

allows supervisors to plan for the return of employees to the

workplace.

1.3

To provide an incentive to employees who are not Oneida Nation members and

who have completed the full manufacturer-recommended dose(s) of the COVID19 vaccine during the public health emergency declared by the United States

Secretary of Health and Human Services on January 31, 2020.

1.3.1

The incentive application period will be July 1 to September 30, 2021.

Incentive applications submitted outside this timeframe will not be

approved.

2.0

DEFINITIONS

2.1

COVID-19 – a coronavirus identified as the cause of an outbreak of respiratory

illness; more properly identified as SARS-CoV-2.

Public Packet

3.0

8 of 13

WORK STANDARDS / PROCEDURES

3.1

Vaccine Completion Database

3.1.1

The Oneida Human Resources Department (HRD) may ask all current

employees to submit evidence that they have completed the full

manufacturer-recommended dose(s) of the COVID-19 vaccine.

3.1.1.1

Employees will use the COVID-19 Vaccination Verification

Incentive application, a PowerApp accessed through the Oneida

Portal, to submit vaccination documentation.

3.1.2

Employees may provide proof that they completed the full manufacturerrecommended dose(s) of the COVID-19 vaccine by submitting one of the

following:

3.1.2.1

A copy of the completed CDC-issued COVID-19 vaccination

card (preferred method of proof); or,

3.1.2.2

A printout of vaccination status from a health care provider that

administered the COVID-19 vaccine; or,

3.1.2.3

A printout of the Wisconsin Immunization Registry record

showing that the employee received the COVID-19 vaccine. If

the COVID-19 vaccine was received in another state, that state’s

official immunization record is acceptable.

3.1.3

Employees who provide proof of COVID-19 vaccination shall not provide

any medical, family history, or genetic information beyond COVID-19

vaccination status.

3.1.4

HRD shall maintain all employee vaccination information in files that are

separate from the employees’ personnel files and shall maintain the

information with strict confidentiality, except that release is permitted to

individuals who have a business need to know.

3.1.4.1

Release of vaccination information to Oneida Employee Health

Nursing is permitted to allow verification on the Wisconsin

Immunization Registry or the official immunization registry of

another state, as applicable.

3.1.4.2

Employee vaccination statistics will be de-identified and

personal information removed. The de-identified information

will be used to assess health and safety risks within Oneida

Nation workplaces or other similar purposes.

3.1.5

Except for supervisors who inquire into the vaccination status of employees

under their direct supervision, employees shall not ask other Oneida Nation

employees about their vaccination status.

3.1.6

Employees who complete the full manufacturer-recommended dose(s) of the

COVID-19 vaccine shall continue to comply with all workplace policies and

Public Packet

9 of 13

procedures, except those policies that expressly exempt fully vaccinated

employees.

3.2

Vaccination Incentive

3.2.1

The Oneida Nation may offer an incentive to employees age 18 and over

who are not Oneida Nation members and who voluntarily provide proof that

they completed the full manufacturer-recommended dose(s) of the COVID19 vaccine or, in other words, employees who are fully vaccinated against

COVID-19.

3.2.1.1

To be eligible, employees must have received a COVID-19

vaccine that is authorized or approved by the U.S. Food and

Drug Administration and that was administered in accordance

with all federal and state rules and regulations applicable to the

vaccine, the provider, and the supplier.

3.2.2

Submission of falsified or fraudulent documents or claims will disqualify

the individual from receiving any COVID-19 vaccination incentive from the

Oneida Nation.

3.2.3

Incentive payments are for current Oneida Nation employees ages 18 and

over who are not Oneida Nation members.

3.2.3.1

Individuals who are separated from employment prior to

receiving payment are not eligible for the incentive, even if they

submitted verifiable vaccination information.

3.2.3.2

Employees who are less than 18 years of age may submit

vaccination information but are not eligible for this incentive.

3.2.4

Employee incentive payments are taken from American Rescue Plan Act

(ARPA) funds allocated through the Indian Health Service to the Oneida

Nation.

3.2.5

This incentive is not tied to or contingent upon any other arrangement or

agreement between the Oneida Nation and the employee.

3.2.6

This incentive is not conditioned on the employee’s past or anticipated

future use of other items or services that are reimbursable, in whole or in

part, by Federal health care programs.

3.2.7

This incentive is offered without taking into account the insurance coverage

of the employee.

3.2.8

Employees who receive the incentive may be liable for federal and state

income tax on the value of the incentive.

Public Packet

4.0

10 of 13

REFERENCES

4.1

Oneida Personnel Policies and Procedures, Section VI – Safety and Health

4.2

United States Department of Health and Human Services Office of Inspector

General FAQs – Application of OIG’s Administrative Enforcement Authorities to

Arrangements Directly Connected to the Coronavirus Disease 2019 (COVID-19)

Public Health Emergency (Updated 5/24/2021)

Public Packet

11 of 13

COVID Vaccinations

Jun 2, 2021

Number of employees who received one dose. (COVD1) 51

Number of employees who received both doses. (COVD2) 1,034

Total Active Employees 2,107

Percent of employee that received both doses 49.1%

Total With Both Vaccinations

ONEIDA

606

NON-ONEIDA

428

Total

1,034

Total With Both Vaccinations

GAMING

271

NON-GAMING

763

Total

Jun 2, 2021 - 2:22:16 PM

1,034

Page: 1 of 1

Employee COVID Vaccine

Stats are through May 12, 2021.

Stats are those vaccinated at Oneida Nation covid clinics.

Public Packet

12 of 13

Consider resolution regarding Direct Membership Assistance in accordance the project approval process.

Business Committee Agenda Request

1. Meeting Date Requested:

06/30/21

2. General Information:

Session:

☒ Open

☐ Executive – must qualify under §107.4-1.

Justification: Choose reason for Executive.

3. Supporting Documents:

☐ Bylaws

☐ Contract Document(s)

☐ Correspondence

☐ Draft GTC Notice

☐ Draft GTC Packet

☐ E-poll results/back-up

☒ Other: HANDOUT

☐ Fiscal Impact Statement

☐ Law

☐ Legal Review

☐ Minutes

☐ MOU/MOA

☐ Petition

☐ Presentation

☐ Report

☒ Resolution

☐ Rule (adoption packet)

☒ Statement of Effect

☐ Travel Documents

4. Budget Information:

☐ Budgeted

☒ Not Applicable

☐ Budgeted – Grant Funded ☐ Unbudgeted

☐ Other: Describe

5. Submission:

Authorized Sponsor:

Mark W. Powless, General Manager

Primary Requestor:

Additional Requestor:

(Name, Title/Entity)

Additional Requestor:

(Name, Title/Entity)

Submitted By:

CWILSON1

Public Packet

13 of 13

Consider resolution regarding Membership Vaccination Incentive in accordance the project approval...

Business Committee Agenda Request

1. Meeting Date Requested:

06/30/21

2. General Information:

Session:

☒ Open

☐ Executive – must qualify under §107.4-1.

Justification: Choose reason for Executive.

3. Supporting Documents:

☐ Bylaws

☐ Contract Document(s)

☐ Correspondence

☐ Draft GTC Notice

☐ Draft GTC Packet

☐ E-poll results/back-up

☒ Other: HANDOUT

☐ Fiscal Impact Statement

☐ Law

☐ Legal Review

☐ Minutes

☐ MOU/MOA

☐ Petition

☐ Presentation

☐ Report

☒ Resolution

☐ Rule (adoption packet)

☒ Statement of Effect

☐ Travel Documents

4. Budget Information:

☐ Budgeted

☒ Not Applicable

☐ Budgeted – Grant Funded ☐ Unbudgeted

☐ Other: Describe

5. Submission:

Authorized Sponsor:

Mark W. Powless, General Manager

Primary Requestor:

Additional Requestor:

(Name, Title/Entity)

Additional Requestor:

(Name, Title/Entity)

Submitted By:

CWILSON1

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.