Work requirements are the centerpiece of HHS's Trump Administration strategy to undo the ACA expansion for low income working age adults. This article examines the June 29, 2018 trial court opinion in Stewart v. Azar which held that HHS's approval of Kentucky's Section 1115 work demonstration was “arbitrary and capricious.” The purpose of Medicaid is to provide health coverage and HHS may not ignore the loss of coverage that will result from a work requirement.
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References
1.
Complaint at 53-54, Stewart v. Azar, 313 F.Supp.3d 237 (DD.C. 2018).
2.
Nat’l Fed’n of Indep. Bus. v. Sebelius, 132 S.Ct. 2566, 2605-06 (2012).
Id. at 17 quoting Social Security Act, §1115, 42 U.S.C. §1315 (1935).
24.
Id. at 17-18.
25.
Id. at 19.
26.
Id.
27.
Id.
28.
See Plaintiffs’ Memorandum in Support of Motion for Summary Judgment at 13-15, 18-21, 313 F.Supp.3d237; See also, S.D.Watson, “Out of the Black Box and into the Light: Using Section 1115 Medicaid Waivers to Implement the Affordable Care Act’s Medicaid Expansion,”Yale Journal of Health Policy, Law, and Ethics15, no. 12 (2015): 213-232, at 227.
