Commonwealth Fund February 2, 2023
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Under a federal court ruling, Georgia can proceed with a Medicaid expansion demonstration that excludes hundreds of thousands of low-income adults by subverting the Affordable Care Act’s eligibility rules
A recent federal court ruling on a Georgia demonstration could suggest that the Department of Health and Human Services would feel compelled to approve state 1115 Medicaid experiments that evade federal law
Section 1115 of the Social Security Act permits the Secretary of the Department of Health and Human Services (HHS) to conduct social welfare experiments “likely to promote the objectives” of the Medicaid program and, in doing so, waive certain federal Medicaid requirements that normally would apply.
Consistent with its view that compelled work promotes Medicaid’s objectives, the Trump...
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