Medicaid is the largest health coverage source in the United States, covering approximately 70 million individuals including children, pregnant women, people with disabilities, elderly adults, and in states that have expanded their Medicaid programs under the Affordable Care Act, low-income
Today, October 11, 2019, the United States Court of Appeals for the D.C. Circuit is hearing oral arguments in Stewart v. Azar (Case No. 19-5095), an appeal from the federal district court’s rulings invalidating three prior approvals of Section 1115 Waivers in Kentucky and Arkansas that would have implemented work and community engagement requirements as a condition of Medicaid eligibility. The three judge panel consists of Judges Pillard, Edwards, and Sentelle.
“We’ve all seen this movie before” – Judge James Boasberg, Philbrick v. Azar
On July 29 HHS approval of work and community engagement requirements as a condition of eligibility for Medicaid was again found to be arbitrary and capricious. This time Judge James Boasberg ruled that New Hampshire’s efforts to impose work requirements as a condition of Medicaid eligibility should be halted and vacated the Secretary’s approval. Judge Boasberg issued similar rulings earlier this year regarding the Arkansas (Gresham v. Azar) and Kentucky (Stewart v. Azar) attempts to impose work requirements. A Health Law Pulse summary may be found here.