Groups sue HHS for approving NH Medicaid work requirements

The National Health Law Program and other groups yesterday filed a class action lawsuit against the Department of Health and Human Services for approving a Section 1115 waiver for New Hampshire that requires certain adults to work to maintain Medicaid coverage. The Centers for Medicare & Medicaid Services last May authorized the state to require certain adults in its Medicaid premium assistance program to work or participate in other “community engagement” activities, such as job training, at least 100 hours per month to remain eligible. The program provides premium assistance to adults enrolling in the state’s Medicaid expansion alternative through the health insurance marketplace. The groups say the waiver exceeds the agency’s authority because it will not promote coverage as required. NHeLP and others also have filed legal challenges to Medicaid work requirements approved for Kentucky and Arkansas.