Federal judge strikes down Kentucky’s Medicaid work rules
The Friday ruling blocks Gov.
Sixteen Kentucky Medicaid recipients sued the federal government in January to block Bevin's planned changes to the state's Medicaid program. The plaintiffs claim that Bevin's plan -- known as Kentucky HEALTH -- should not have been approved; they say it violates the 1965 law establishing Medicaid because it will reduce poor people's access to health care..
Simultaneously, to uphold Kentucky HEALTH, Bevin is suing those same 16 Medicaid recipients in
The
Bevin has said that if he loses in court and cannot prevail on appeal, he will end expanded Medicaid in
"Kentucky HEALTH was developed in
Bevin had no immediate comment on Friday's ruling, but Health and
"While we disagree with the court's ruling, which delays implementation of Kentucky HEALTH, we look forward to working with CMS (
He warned that "without prompt implementation of Kentucky HEALTH, we will have no choice but to make significant benefit reductions."
In his 60-page ruling, U.S. District Judge
In their lawsuit, the plaintiffs challenged the secretary of the
"Although the Secretary is afforded significant deference in his approval of pilot projects like
The judge's ruling vacated the federal government's approval of
"Reason has prevailed once again against
"
While much of the controversy over Kentucky HEALTH has focused on Bevin's 80-hour-a-month "community engagement" requirement, which could be satisfied by work, school or volunteering, the
Those hurdles include monthly premiums, initially from
Missing a payment or notification could trigger a six-month lockout on basic health coverage. Missing the enrollment window could mean waiting nine more months for the next opportunity.
The Bevin administration estimates 95,000 people will lose their coverage over the next five years out of the more than 400,000 Kentuckians just above the poverty line who are currently enrolled in expanded Medicaid under the Affordable Care Act.
"Members may have health coverage temporarily suspended for not meeting the community engagement and employment initiative requirements, failing to pay required monthly premiums or failing to report a change in circumstances," the Bevin administration told the
State health advocate
"Health coverage is so vital, and it's tough on families who are left with more questions than answers as the case moves to the next court setting," he said.
Health policy experts say Kentuckians are likely to fall off the Medicaid rolls because of the paperwork obstacle course. Someone juggling a low-wage job, children and the usual turmoil associated with poverty is unlikely to have time for regular check-ins with Medicaid officials, even assuming they have reliable internet access or transportation to a state office building in their community, the experts say.
"When you're considering assistance programs, the research shows that each time you require a point of contact between the state and the enrollee -- each time you require an active choice -- you lose people,"
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