MEDICAID ALERT: Work and community engagement requirements blocked by federal court

“As Opening Day arrives, the Court finds its guiding principle in Yogi Berra’s aphorism, “It’s déjà vu all over again.”” – Judge James Boasberg, Gresham v. Azar. On March 27, United States District Court for the District of Columbia Judge James Boasberg ruled that Department of Health & Human Services Secretary Azar’s approval of work and community engagement requirements in Arkansas and Kentucky were arbitrary and capricious, halting their implementation. The Gresham v. Azar opinion may be read here.  The Stewart v. Azar opinion may be read here.  In both cases, Judge Boasberg found that the Secretary failed to consider the impact of the waiver on coverage, rendering their approvals arbitrary and capricious. CMS first announced their support for work and community engagement requirements on January 11, 2018 in a Letter to State Medicaid Directors.  The next day, January 12, 2018, CMS approved the…

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