heatherbw-small

PHONE: 360.220.1519
FAX: 360.205.2129
EMAIL: heather@erblawfirm.com
PO Box 5918
Bellingham, WA 98229

Education

  • Florida State University College of Law, J.D., 2004
    Staff editor, Journal of Land Use & Environmental Law
    Staff editor, Journal of Transational Law and Policy
  • University of West Florida, B.A. English, magna cum laude, 1999

Bar Admission

Washington
Florida (inactive)

Heather M. Erb | Owner


Heather Erb proudly serves nonprofit organizations, tribal governments and other organizations in the areas of health care, government relations, corporate governance, 501(c)(3) formation and maintenance, contract negotiation, and code/ordinance development. She has been practicing law since 2004 with a special emphasis in Indian law for the last eight years.

Heather provides legal advocacy and assistance to nonprofit organizations in their endeavors to fulfill their mission, build strong corporate governance, and maintain their tax-exempt status. Currently, in her representation of the American Indian Health Commission, Heather has focused extensively on the Patient Protection and Affordable Care Act (ACA). Heather provides legal expertise to the American Indian Health Commission as they assist the Washington Health Benefit Exchange and other State entities in the implementation of the American Indian and Alaska Native Provisions of ACA and the Indian Health Care Improvement Act (IHCIA). She has drafted the Washington Health Benefit Exchange Tribal Consultation Policy as well as proposed revisions to the Office of the Insurance Commissioner and Health Care Authority Washington Administrative codes. Heather has also provided training and outreach to tribal members, leaders, and Indian health program staff and administration across the State of Washington on American Indian and Alaska Native income tax exemptions, Medicaid expansion, cost sharing, premium sponsorship, contracting with qualified health plans, in-person assister training, and community outreach.

In the early years of her career, Heather gained considerable litigation experience as an assistant state attorney, conducting over thirty-five jury trials including capital crimes.

Professional Leadership

  • Whatcom County Bar Association
  • Washington State Bar Association Health Law Section
  • Washington State Bar Association Indian Law Section
  • American Bar Association Section on Taxation

Community Involvement

  • Washington Attorneys Assisting Community Organizations (WAACO), 2014-Present
  • Sehome High School Mock Trial Coach 2008-2011
  • Law Advocates Street Law Program, 2008-2009
  • Washington Bar Association Pro Bono Public Service Commendation, 2008
  • Related Employment/Clients

Related Employment

  • American Indian Health Commission, Contract Attorney, 2012 – Present
  • Lummi Nation, Staff Attorney, 2007-2012
  • Office of the State Attorney, 10th Judicial Circuit, Assistant State Attorney, 2004-2007
  • Department of Business and Professional Regulation, Law Clerk, 2002-2004
  • Bay Area Legal Services, Public Service Fellow, 2002

Selected Publications

6.10.15

“The ACA, the Service, and Indian Health Care Delivery System.”

American Bar Association Section of Taxation News Quarterly, Vol. 34 No. 4, Summer 2015.
3.1.15

Washington Insurance Issuer Requirements for American Indian/Alaska Native Enrollees and Enrollees Seeking Services at Indian Health Care Providers – American Indian Health Commission

A legal guidance document for Indian health care providers, non-Indian health care providers, and health insurance issuers that provides an overview of the state and federal requirements for issuers with American Indian/ Alaska Native (AI/AN) enrollees and/or with enrollees utilizing Indian health care providers.
8.1.14

Indian Health Care Reform Manual for Washington State – American Indian Health Commission

A comprehensive online manual that provides tribal governments, state agencies, and individuals with an explanation of the legal requirements for Indian health care reform under the Patient Protection and Affordable Care Act and the newly reauthorized Indian Health Care Improvement Act.
7.8.14

Guidance for American Indian and Alaska Native Income Exemptions for Modified Gross Income-Based Washington Apple Health (Medicaid) – American Indian Health Commission

Provides a broad overview of the American Indian and Alaska Native income exemptions for purposes of applying for Modified Adjusted Gross Income-Based (MAGI) Washington Apple Health (Medicaid).
3.8.14

Washington Health Benefit Exchange Tribal Consultation Policy

Provides the legal requirements and process for an effective government-to-government relationship between tribal leaders and the Washington Health Benefit Exchange in the implementation of policies that have tribal implications for any of the twenty-nine tribes or two urban Indian health care programs of the State of Washington.

Selected Presentations

5.5.15

“Best Practices for Contracting with Indian Health Care Providers.”

Washington Office of the Insurance Commissioner
1.31.15

“The ACA, the IRS, and the Indian Health Care Delivery System.”

American Bar Association Section of Taxation Midyear Meting, Houston Texas
8.24.14

Indian Health Care Law CLE

Washington Office of the Insurance Commissioner
4.24.14

“Maintaining a Successful Nonprofit: Avoiding Legal, Tax, and Leadership Pitfalls.”

Nonprofit Workshop, Bellingham, WA