Nansemond Chief Keith Anderson, Assistant Chief Nikki Bass, and Fishing Point Board Chairman David Darling pose with medical staff at Fishing Point Healthcare. (Photo: Fishing Point Healthcare)

The Nansemond Indian Nation and its tribally chartered health arm, Fishing Point Healthcare, are suing the Commonwealth of Virginia for withholding Medicaid reimbursements and discriminating against tribal healthcare providers.

The lawsuit filed Tuesday alleges Gov. Glenn Youngkin and state officials protected the financial interests of powerful Managed Care Organizations (MCOs) at the expense of low-income patients.

Fishing Point Healthcare was established in 2023 in Portsmouth, Va., to serve Nansemond members and low-income, non-tribal members. Its services include primary care, behavioral health, addiction recovery, home health and an onsite pharmacy.

The suit alleges Virginia began refusing to reimburse Fishing Point for certain Medicaid services in Oct. 2024, pressuring the tribal provider to transfer patients to MCOs.

โ€œVirginia is undermining our sovereignty and our patientsโ€™ care to benefit healthcare giants,โ€ Nansemond Chief Keith Anderson said in a statement. โ€œWe will not stand by.โ€

Virginia contracts with five MCOs, all owned by major health insurers. The lawsuit alleges that the companies limit care through cost-cutting measures that disproportionately affect vulnerable patients.

According to a press release issued by the tribe, a federal audit in Nov. 2024 confirmed that Fishing Point followed billing procedures approved by federal and state agencies; its services are covered under Virginiaโ€™s Medicaid plan; and the Commonwealth underpaid and illegally withheld reimbursement.

Virginiaโ€™s Department of Medical Assistance Services failed to share the audit results with the Nansemond Nation and refused to issue the required reimbursement.

While awaiting payment, Fishing Point has been self-financing care.ย  In the press release, Fishing Point CEO Lance Johnson said the health program offered to cover Virginiaโ€™s share of costs for non-Tribal Medicaid patientsโ€”an offer that would have saved the Commonwealth money.ย 

โ€œWe presented a cost-neutral plan for taxpayers,โ€ Johnson said. โ€œThe state rejected it, showing this is about punishing tribal care and protecting MCO profits.โ€

The lawsuit argues that documents obtained by the Nation through the Freedom of Information Act show that DMAS knowingly misled legislators during the 2025 General Assembly, falsely claiming that federal law requires the state to route Tribal providers through MCOs.

The suit challenges a budget amendment endorsed by Youngkin on March 24, which imposes new, unlawful restrictions on Tribal healthcare.

The lawsuit asks the court to order Virginia to reimburse Fishing Point in full for underpaid and unpaid services, block enforcement of the illegal budget amendment, and require DMAS to cease its discriminatory practices.

โ€œFishing Point offers low-income patients a choiceโ€”and theyโ€™re choosing tribal care,โ€ attorney Jessie Barrington of the law firm Cultural Heritage Partners and counsel for the Nation and Fishing Point, said in the press release. โ€œThat threatens insurers who profit from fewer choices and shocks state officials used to grease the wheels for big insurance. But my clients know how David vs. Goliath ends.โ€

Elyse Wild is Senior Health Editor for Native News Online, where she leads coverage of health equity issues including mental health, environmental health, maternal mortality, and the overdose crisis in...