Federal Judge Rejects Kentucky, Arkansas Medicaid Work Requirements In Blow To Trump Administration
U.S. District Judge James Boasberg ruled that HHS Secretary Alex Azar and the Trump administration failed to adequately consider the extent to which the added requirements would cause significant numbers of people to lose coverage. The decision was the second time that Boasberg blocked Kentucky's efforts, and he said that the plan “has essentially the same features as it did before.” CMS Administrator Seema Verma reaffirmed her support of work requirements following the twin rulings: "We will continue to defend our efforts to give states greater flexibility to help low income Americans rise out of poverty."
The New York Times:
Judge Blocks Medicaid Work Requirements In Arkansas And Kentucky
A federal judge on Wednesday threw out Medicaid work requirements in two states, a blow to Republican efforts to profoundly reshape a program that has provided free health insurance to the poorest Americans for more than 50 years. In twin rulings, Judge James E. Boasberg of the Federal District Court for the District of Columbia rejected for a second time Kentucky’s attempt to require recipients to work or volunteer as a condition of coverage and blocked a similar rule in Arkansas, which has resulted in more than 18,000 people there losing coverage since last summer. (Goodnough, 3/27)
Reuters:
U.S. Judge Blocks Medicaid Work Requirements In Kentucky, Arkansas
U.S. District Judge James Boasberg ruled that the Department of Health and Human Services had failed to adequately consider the extent to which the Republican-led states' plans would cause significant numbers of people to lose coverage. The decisions came in separate lawsuits by Kentucky and Arkansas residents enrolled in Medicaid. It marked a setback for efforts by President Donald Trump's administration to scale back the joint federal-and-state healthcare program. (Raymond, 3/27)
The Washington Post:
Federal Judge Blocks Medicaid Work Requirements In Kentucky And Arkansas
Judge James E. Boasberg of the U.S. District Court for the District of Columbia concluded that in letting Kentucky go forward with its requirements, HHS had been “arbitrary and capricious” — the same criticism he leveled once before. He wrote that he “cannot concur” that Medicaid law leaves the HHS secretary “so unconstrained, nor that the states are so armed to refashion the program Congress designed in any way they choose.” (Goldstein, 3/27)
Bloomberg:
Court Stops Trump From Making Arkansas Medicaid Recipients Work
The court “cannot concur that the Medicaid Act leaves the secretary so unconstrained, nor that the states are so armed to refashion the program Congress designed in any way they choose,” he said, and remanded the program to the federal agency for further review. (Tozzi and Harris, 3/27)
Modern Healthcare:
Judge Blocks Medicaid Work Requirements In Kentucky And Arkansas
But Judge Boasberg, an Obama administration nominee, expressed doubt about whether the agencies could remedy the problems in the Kentucky waiver approval. "Given a second failure to adequately consider one of Medicaid's central objectives," he wrote, "the court has some question about HHS' ability to cure the defects in the approval." (Meyer, 3/27)
Politico:
Judge Strikes Down Medicaid Work Rules In Arkansas, Kentucky
CMS Administrator Seema Verma suggested in a statement the rulings would not dissuade her efforts to approve employment rules in other states. “We will continue to defend our efforts to give states greater flexibility to help low income Americans rise out of poverty,” Verma said. “We believe, as have numerous past administrations, that states are the laboratories of democracy and we will vigorously support their innovative, state-driven efforts to develop and test reforms that will advance the objectives of the Medicaid program.” (Pradhan, 3/27)
The Wall Street Journal:
Federal Judge Blocks Medicaid Work Requirements
The administration has made state-by-state changes including work requirements a central pillar of its attempt to place a conservative imprimatur on the Medicaid program, after a wholesale revamp of the program sank in 2017 with Republicans’ failed attempts to repeal the Affordable Care Act. The decision blocks Arkansas from continuing to enforce its work requirement, which has resulted in 18,000 residents there falling off Medicaid rolls since the state implemented the work mandates in June. It also prevents Kentucky’s work requirement from taking effect, which it was set to do on April 1. (Hackman, 3/27)
The Hill:
Judge Blocks Trump Medicaid Work Requirements In Arkansas, Kentucky
Boasberg's rulings will likely raise questions about the future of the administration's efforts to change Medicaid back to a program that is reserved for very low-income families, the disabled and the elderly. ObamaCare allowed states the option to expand Medicaid to childless low-income adults, and 36 states and D.C. have done so. (Hellmann, 3/27)
Kaiser Health News:
Federal Judge Again Blocks Medicaid Work Requirements
Critics of the work policy hailed the latest ruling, which many expected since Boasberg last June stopped Kentucky from moving ahead with an earlier plan for work requirements. The judge then also blasted HHS Secretary Alex Azar for failing to adequately consider the effects the policy. “This is a historic decision and a major victory for Medicaid beneficiaries,” said Joan Alker, executive director for the Georgetown University Center for Children and Families. “The message to other states considering work requirements is clear — they are not compatible with the objectives of the Medicaid program.” (Galewitz, 3/27)
In other Medicaid news —
Atlanta Journal-Constitution:
Georgia Governor Signs Bill Aimed At Securing Health Care Waivers
Kemp signed legislation Wednesday that allows his administration to pursue two separate waivers with the federal government that could ease health care access for poor and middle-class Georgians and set a path toward limited Medicaid expansion, or that could advance conservative goals of reining in Medicaid’s scope. (Hart and Bluestein, 3/27)
Georgia Health News:
As Kemp Celebrates Waiver Win, White House Pivot May Complicate Things
One waiver would involve adding people to the Medicaid rolls. The other would allow Georgia to revise the set-up of the state health insurance exchange, created by the ACA for people who don’t have coverage from employers or government programs. Each would require federal approval.But in a new court filing, the U.S. Justice Department has argued that the ACA, also known as Obamacare, should be invalidated in its entirety. (Miller, 3/27)
NH Times Union:
$1B In Medicaid Contracts Signed Adding Third Managed Care Provider To NH Program
The Executive Council on Wednesday approved contracts worth nearly $1 billion to manage Medicaid in New Hampshire, adding a third managed care company to the government-funded health care program for 180,000 low-income Granite Staters. The vote was 4-1, with Republican Councilor Ted Gatsas of Manchester opposed. Gatsas said he did not feel the state pressed hard enough for a better deal. (Solomon, 3/27)