American Indians and Alaska Native Tribal Members

In July 2025, Federal rules added new ABAWD exception for Indians, also referred as Native Americans, Alaska Natives, Indigenous Peoples, and Tribal Members. The exception is statewide, not limited to individuals living on tribal lands. The new exception applies to:

“An Indian” as defined in paragraph (13) of Section 4 of the Indian Health Care Improvement Act (IHCIA).

“An Urban Indian” as defined in paragraph (28) of Section 4 of the IHCIA.

“A California Indian” as described in Section 809(a) of the IHCIA

Exceptions also apply to descendants of the 1st or 2nd degree (child or grandchild) of a tribal member.

For definitions of “Indian”, Urban Indian”, “California Indian” please refer to US Code Title 25 Chapter 18 - Indian Health Care Improvement Act .

Section 4 paragraphs 13 and 18 of the Indian Health Care Improvement Act define an Indian as one who is: A member of a tribe, band, or other organized group of Indians or descendants of 1st and 2nd degree of such member. Inuit, or Aleut or other Alaska Native. Considered by the Secretary of the Interior to be an Indian for any purpose. Determined to be an Indian under regulations promulgated by the Secretary.

An individual who meets the definition of a descendant (a child or a grandchild of the tribal member) in A or is part of one of the groups included in B-D above, qualifies for an exception from participation regardless of their tribal membership.

Screening for Native American/Alaska Native Exception

At the Client Details page, screen for qualifying factors:

Are you or anyone in your household a member of an American Indian Tribe or an Alaska Native? ( Note : The tribe does not have to be federally recognized to qualify.) If so, who is a tribal member? Which tribe are they a member of?

Is anyone in your household a child or grandchild of a tribal member? (This is known as being a descendant of the 1st or 2nd degree of a tribal member.) If so, who? Which tribe do they have the generational affiliation?

As a reminder, we accept the client’s statement when screening for ABAWD tribal exemption unless their status is questionable.

Record the Native American/Alaska Native Exception

Client Details page:

Select the client’s Native American Tribe using the search feature for the Native American Tribe field on the Client’s Detail page find the appropriate tribe.

If the Native American or Alaska Native tribe isn’t listed, select 9999 “Other Tribal Affiliation” and add a remark to identify the tribe that is not on the list.

If tribal affiliation is 1st or 2nd degree descendant of a tribal member instead of tribal membership for themselves, add a remark regarding tribal affiliation.

The Work Registration page will be automatically updated to show the American Indian (AI) exception when the Native American Tribe field is coded other than 0000 “No Tribal Affiliation” on the Client Details page.