DOJ asks Supreme Court to remand Medicaid work requirement cases

Feb 24, 2021 - 03:32 PM
court-900x400

The Department of Justice this week asked the U.S. Supreme Court to remand the appealed Arkansas and New Hampshire cases to the Department of Health and Human Services to determine the appropriate path forward for the demonstration projects.

“HHS has now made a preliminary determination that allowing work-related requirements to take effect in Arkansas and New Hampshire would not promote the objectives of the Medicaid program and has commenced a process to determine whether to withdraw its approvals of those requirements,” the motion states. “The agency actions under review in this Court have accordingly been overtaken by these changed circumstances. In addition, the approval of Arkansas’s work-related requirements will expire by its own terms on December 31, 2021.” 

The Department also asked the Supreme Court to remove from its calendar the oral arguments in the cases scheduled for March 29.

The Arkansas and New Hampshire demonstration projects are among more than a dozen state Medicaid projects approved by or pending before HHS that include work-related requirements, which are not currently operative. HHS recently informed Arkansas, New Hampshire and other states with previously approved work-related requirements that it was determining whether to withdraw approval of those requirements.  

Related News Articles

Headline
Court strikes ‘medically frail’ definition in Medicaid community engagement requirements 
The U.S. District Court for the District of Massachusetts yesterday ruled in favor of 25 states and the District of Columbia to vacate the Centers for Medicare…
Headline
Study: Extending Medicaid coverage 12 months increased use of postpartum care for mothers with pregnancy complications 
Extending Medicaid coverage by 12 months following childbirth increased use of postpartum care among mothers with pregnancy complications such as diabetes and…
Headline
HHS clarifies when state Medicaid agencies can use patient SUD records to verify exemption from community engagement requirements
The Department of Health and Human Services Office for Civil Rights released new guidance on statutory and regulatory requirements under 42 CFR Part 2, which…
Headline
CMS launches outcomes-driven quality measurement initiative for states 
The Centers for Medicare & Medicaid Services Sept. 25 announced the launch of a new initiative measuring quality in Medicaid and the Children’s Health…
Headline
AHA recommends changes to CMS’ Medicaid provider tax proposed rule
The AHA commented Sept. 21 on the Centers for Medicare & Medicaid Services’ proposed rule to implement the changes to Medicaid provider tax policies that…
Headline
AHA requests CMS reconsider provisions within Medicaid community engagement rule
The AHA July 31 provided comments to the Centers for Medicare & Medicaid Services on its interim final rule on Medicaid community engagement requirements.…