Medicaid Waivers Litigation Update

Slides:

Advertisements

Similar presentations

DC Responses Received WA OR ID MT WY CA NV UT CO AZ NM AK HI TX ND SD NE KS OK MN IA MO AR LA WI IL MI IN OH KY TN MS AL GA FL SC NC VA WV PA NY VT NH.

Advertisements

Rachel B. Morgan RN, BSN, Health Committee Director National Conference of State Legislatures 10 th National Forum For Heart Disease & Stroke Prevention.

Reforming State Long-Term Care Services and Supports Through Participant Direction NASHP State Health Policy Conference October 2010 Suzanne Crisp Director.

1 ACCESSING HPV VACCINE: Preliminary Progress Alexandra Stewart, JD Department of Health Policy Contact: June 2, 2007.

Mobility Update as of February 15, WA OR CA NV ID MT ND SD WY UT CO AZ NM AK HI TX OK KS NE MN IA MO AR LA MS ALGA FL WI IL MI IN KY TN SC NC VA.

Don’t Forget CHIPRA! Performance Bonuses & More National Covering Kids & Families Network Webinar – February 8, 2011 Tricia Brooks.

Alliance for Health Reform Medicaid Briefing: Role of States Barbara Coulter Edwards, Principal Health Management Associates February 13, 2009

Medicaid Enrollment of New Eligibles in Expansion States, by Party Affiliation of Governor New Eligibles as a Percent of Total Medicaid Enrollment, FY.

The US is facing an unprecedented opioid epidemic, which has resulted in increases health care services utilization and a surge in overdose deaths. Medicaid.

Uninsured Non-Elderly Adult Rate Increased from 17. 8% to 20

Medicaid Eligibility for Working Parents by Income, January 2013

Medicaid Enrollment of New Eligibles in Expansion States, by Party Affiliation of Governor New Eligibles as a Percent of Total Medicaid Enrollment, as.

Part A/B MAC Current Jurisdictions

Who is Impacted by the Coverage Gap in States that Have Not Adopted the Medicaid Expansion? November 2015.

The US is facing an unprecedented opioid epidemic, which has resulted in increases health care services utilization and a surge in overdose deaths. Medicaid.

WY WI WV WA VA VT UT TX TN SD SC RI PA OR* OK OH ND NC NY NM* NJ NH

WY WI WV WA VA VT UT TX TN SD SC RI PA OR* OK OH ND NC NY NM* NJ NH

Who is Impacted by the Coverage Gap in States that Have Not Adopted the Medicaid Expansion? Updated November 2016.

Medicaid in 2007—A precursor to broader entitlement and healthcare reform? June Jon Blum.

Medicaid Income Eligibility Levels for Other Adults, January 2017

Distribution of U.S. Residents by Geographic Region,

Who is Impacted by the Coverage Gap in States that Have Not Adopted the Medicaid Expansion? June 2015.

Current Status of State Medicaid Expansion Decisions

Status of State Medicaid Expansion Decisions

Current Status of State Medicaid Expansion Decisions

Status of State Medicaid Expansion Decisions

States with Section 1115 ACA Expansion Waivers, December 2015

LRFD Scoreboard LRFD Scoreboard LRFD Scoreboard

Expansion states with Republican governors outnumber expansion states with Democratic governors, May 2018 WY WI WV◊ WA VA^ VT UT TX TN SD SC RI PA OR OK.

Expansion states with Republican governors outnumber expansion states with Democratic governors, January WY WI WV◊ WA VA VT UT TX TN SD SC RI PA.

National Association of Medicaid Directors 2018 Fall Conference The Nuts and Bolts of Work & Community Engagement Requirements November 13, 2018.

Status of State Medicaid Expansion Decisions

Status of State Medicaid Expansion Decisions

Status of State Medicaid Expansion Decisions

Coverage of Low-Income Adults by Scope of Coverage, January 2013

Executive Activity on the Medicaid Expansion Decision, May 9, 2013

Dual Eligibles Across the States

WY WI WV WA VA VT UT TX TN1 SD SC RI PA1 OR OK OH ND NC NY NM NJ NH2

WY WI WV WA VA VT UT TX TN1 SD SC RI PA OR OK OH1 ND NC NY NM NJ NH NV

WY WI WV WA VA* VT UT TX TN SD SC RI PA OR* OK OH ND NC NY NM* NJ NH

WY WI WV WA VA VT UT TX TN SD SC RI PA OR* OK OH ND NC NY NM* NJ NH

Current Status of the Medicaid Expansion Decision, as of May 30, 2013

Current Status of State Medicaid Expansion Decisions

Status of State Medicaid Expansion Decisions

PRACTICA & ONLINE ED AUTHORIZATION STATUS

Status of State Participation in Medicaid Expansion, as of March 2014

Status of State Medicaid Expansion Decisions

10% of nonelderly uninsured 26% of nonelderly uninsured

22% of nonelderly uninsured 10% of nonelderly uninsured

Current Status of State Medicaid Expansion Decisions

Current Status of State Medicaid Expansion Decisions

Current Status of State Medicaid Expansion Decisions

The US is facing an unprecedented opioid epidemic, which has resulted in increases health care services utilization and a surge in overdose deaths. Medicaid.

WY WI WV WA VA VT UT* TX TN SD SC RI PA OR* OK OH ND NC NY NM* NJ NH

Executive Activity on the Medicaid Expansion Decision, May 9, 2013

Current Status of State Medicaid Expansion Decisions

Current Status of State Medicaid Expansion Decisions

Status of State Medicaid Expansion Decisions

AHCCCS Works & Prior Quarter Coverage Overview

Status of State Medicaid Expansion Decisions

Coming Soon to Your State!

10% of nonelderly uninsured 26% of nonelderly uninsured

WY WI WV WA VA VT UT* TX TN SD SC RI PA OR* OK OH ND NC NY NM* NJ NH

WY WI WV WA VA VT UT* TX TN SD SC RI PA OR* OK OH ND NC NY NM* NJ NH

Current Status of State Individual Marketplace and Medicaid Expansion Decisions, as of September 30, 2013 WY WI WV WA VA VT UT TX TN SD SC RI PA OR OK.

Status of State Medicaid Expansion Decisions

WY WI WV WA VA VT UT TX TN SD SC RI PA OR OK OH ND NC NY NM NJ NH NV

22% of nonelderly uninsured 10% of nonelderly uninsured

ACNM Affiliates Open-Agenda Webinar/ Teleconference

Presentation transcript:

Medicaid Waivers Litigation Update Leonardo Cuello January 24, 2019

National Health Law Program National non-profit law firm committed to improving healthcare access and quality for low-income individuals Offices in Washington, D.C., Los Angeles, and North Carolina Visit our (new!!!) website at: www.healthlaw.org

Work Requirements Pending Approved AR AZ IN KY ME MI NH WI AL MS OH OK SD TN UT VA

Status of Kentucky Case(s) We won litigation in June 2018! HHS re-approved same waivers in November 2018 Lawsuit continuing with same judge Briefing began January 14 and ends on February 22* Kentucky’s planned implementation date is April 1

Status of Arkansas Case Lawsuit filed August 2018 Same judge as Kentucky! Briefing was scheduled to end Jan. 14* Terminations began in September – over 18,000 termination through Dec. April 1 is also a key date in Arkansas

Government Shut Down Federal government lawyers have asked for (and gotten) extensions for filing their briefs / stays in cases At some point (soon) the courts may run out of funding This makes the timelines uncertain, and we risk missing key April 1 targets

Key Legal Issues: KY Decision Governor’s threat to cancel Medicaid expansion doesn’t negate the harm to our clients The court has authority to review HHS approvals – not free HHS discretion HHS failed to consider the administrative record (your comments!!!) HHS failed to consider the impact on health coverage and affordability

In the Judge’s Own Words… “[T]he risk of lost coverage was factually substantiated in the record ... The vast majority of … comments voiced concerns that Kentucky HEALTH would ‘significantly reduce low-income people’s participation in health coverage programs…’ Citing extensive research, including from past Medicaid demonstrations, commenters explained how each provision of Kentucky HEALTH … would likely reduce healthcare access and utilization.” –Stewart v. Azar decision

How Can You Help? Comments!!! Write and organize Cultivate relationships with legal aid lawyers and help find plaintiffs Make plans for post-implementation monitoring Help us all avoid lawyers & litigation in the first place!