Health Affairs August 6, 2018
Douglas Jacobs

On January 12, 2018, the Centers for Medicare and Medicaid Services (CMS) approved the first waiver to implement a work requirement for Medicaid beneficiaries in Kentucky. A couple of weeks ago, a district court found the approval of these work requirements to be “arbitrary and capricious,” and in direct violation of the Administrative Procedures Act of 1946. CMS failed to consider whether the waiver’s estimated removal of 95,000 Kentuckians was in line with the program’s goals of furnishing medical assistance, and so the judge ordered the waiver to be sent back to CMS.

The government had argued that new research into the social determinants of health demonstrate that income and employment are associated with improved health, and so a...

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