CMS Approval of Medicaid Work Requirements Could Face Legal Challenges

CMS Overhaul of Medicaid May Face Legal Challenges
– Modern Healthcare

Modern Healthcare interviewed Manatt’s Cindy Mann, a partner with Manatt Health, in an article on the legality of the Centers for Medicare & Medicaid Services’ anticipated approval of state waivers that impose work requirements on Medicaid enrollees.

CMS Administrator Seema Verma has stated that the agency will start approving proposals that promote community engagement activities. The publication explained that the move could drastically change Medicaid’s direction, and experts say that CMS will likely face legal challenges to the waivers, should the agency approve them.

“The issue is whether it is Medicaid’s business to not only promote work but to condition the health coverage Medicaid is designed to provide on work,” Mann told the publication. She explained that judges hearing arguments surrounding work arguments would not have to decide whether work and community engagement are positive or negative. Rather, they will have to decide whether or not those requirements are beyond the scope of the Medicaid program.

Read the article here