THE 1115 WORK AND COMMUNITY ENGAGEMENT CASES AT THE SUPREME COURT
Arkansas: Azar v. Gresham and Arkansas v. Gresham, Nos. 20-37 and 20-38
Arkansas’s opening brief, January 19, 2021
20210119133946811_Nos. 20-37 and 20-38 – Brief for Petitioner State of Arkansas
US’s opening brief, January 19, 2021
20210119172934749_20-37tsUnitedStates
Aguayo v. Richardson, 473 F.2d 1090 (2d Cir. 1973), extensively cited in U.S. opening brief
Aguayo v Richardson 473 F.2d 1090
New Hampshire brief, see below
Nebraska amicus brief, January 26, 2021
20210126160303362_Azar – 2021.01.26 NE Amicus Brief FINAL
Indiana and 16 other states amicus brief, January 26, 2021
20210126130339642_20-37 and 20-38 tsac Indiana and 16 Other States
Foundation for Government Accountability amicus, January 26, 2021
20210126123908694_20-37 20-38 tsac Foundation for Government Accountability
| Feb 01 2021 | SET FOR ARGUMENT on Monday, March 29, 2021. VIDED. |
Respondents’ brief, February 18, 2021
20210218142421223_20-37 20-38 bs
US motion to vacate, etc., February 22, 2021
20210222160024769_20-37 20-38 – Gresham -Merits – Motion to Vacate
Arkansas opposition, February 22, 2021
20210222170329036_Nos. 20-37 and 20-38 – Opposition to Motion to Vacate
Docket entry
| Feb 22 2021 | CIRCULATED. |
Nebraska Appleseed amicus brief, February 23, 2021
20210223141045362_Appleseed Amicus PDFA
US reply supporting motion to vacate, February 24, 2021
20210224173247978_Motion to Vacate Reply
National Women’s Law Center amicus brief, February 24, 2021
20210224214034906_20-37 NWLC Lawyers Committee et al Amici Curiae Brief
AARP amicus brief, February 25, 2021
20210225113834411_20-37 -38 bsac AARP FINAL AMICI BRIEF
Health Care Providers and Patient Groups amicus, February 25, 2021, with corrected version, February 26
20210225144457858_Medicaid Merits Amicus 20-37 20-38-1
20210226154726545_Medicaid Merits Amicus Health Organizations and Patient Groups
Leukemia & Lymphoma Society amicus, February 25, 2021
20210225153315084_bsac20-37 20-38LeukemiaLymphomaSocy
Texas Medical-Legal Partnerships amicus, February 25, 2021
20210225155152649_Gresham MLP Amicus Brief
Public Health, Health Policy, and Medicine Deans, Chairs and Scholars amicus, February 25, 2021
20210225170650519_20-37 Amici Curiae Brief
| Mar 11 2021 | Nos. 20-37 and 20-38 are removed from the calendar for the March 2021 argument session. VIDED. |
Arkansas reply brief, March 22, 2021
20210322120424869_Nos. 20-37 and 20-38 – Reply Brief for Petitioner State of Arkansas
US reply brief, March 22, 2021
20210322144746881_20-37rbUnitedStates-1
Orders list, April 5, 2021
(ORDER LIST: 593 U.S.)
MONDAY, APRIL 5, 2021
20-37 20-38 ) ) )
BECERRA, SEC. OF H&HS, ET AL. V. GRESHAM, CHARLES, ET AL.
ARKANSAS V. GRESHAM, CHARLES, ET AL.
Upon consideration of the motion of petitioners to vacate
the judgments of the court of appeals and remand, to remove the
cases from the March 2021 argument calendar, and to hold further
briefing in abeyance, these cases are held in abeyance pending
further order of the Court.
HHS letter, June 11, 2021
20210611173441347_20-37 20-38 Gresham – Letter
HHS suggestion of mootness, request to vacate, request to remand, April 1, 2022
20220401161853227_20-37 20-38 – Gresham Merits – Suggestion of Mootness
Order, April 18, 2022
MONDAY, APRIL 18, 2022
CERTIORARI — SUMMARY DISPOSITIONS
20-37
)
BECERRA, SEC. OF H&HS, ET AL. V. GRESHAM, CHARLES, ET AL.
)
20-38
)
ARKANSAS V. GRESHAM, CHARLES, ET AL.
The motion to vacate the judgments is granted. The
judgment of the United States Court of Appeals for the District
of Columbia Circuit in Nos. 19-5094 and 19-5096 is vacated, and
the cases are remanded to that court with instructions to direct
the District Court to vacate its judgment and dismiss the case
as moot. See United States v. Munsingwear, Inc., 340 U. S. 36
(1950). The judgment of the United States Court of Appeals for
the District of Columbia Circuit in Nos. 19-5293 and 19-5295 is
vacated, and the cases are remanded to that court with
instructions to direct the District Court to remand to the
Secretary of Health and Human Services.
===
Arkansas: From the D.C. Circuit opinion to the cert grant, 2020
| Aug 10 2020 | Motion to extend the time to file a response is granted and the time is extended to and including October 16, 2020. |
| Nov 04 2020 | DISTRIBUTED for Conference of 11/20/2020. |
CERTIORARI GRANTED
20-37 ) AZAR, SEC. OF H&HS, ET AL. V. GRESHAM, CHARLES, ET AL.
)
20-38 ) ARKANSAS V. GRESHAM, CHARLES, ET AL.
The petitions for writs of certiorari are granted. The
cases are consolidated, and a total of one hour is allotted for
oral argument.
New Hampshire: Azar v. Gresham, No. 20-37
New Hampshire’s brief, January 19, 2021
20210119110732384_NH DHHS Brief
US’s opening brief, January 19, 2021
20210119172934749_20-37tsUnitedStates
For amicus briefing, see above
| Feb 01 2021 | SET FOR ARGUMENT on Monday, March 29, 2021. VIDED. |
For respondents’ brief, see above
US motion to vacate, etc., February 22, 2021
20210222160024769_20-37 20-38 – Gresham -Merits – Motion to Vacate
For respondents’-side amicus briefing, see above
New Hampshire: From the D.C. Circuit opinion to the cert grant, 2020
Order for parties to submit post-Gresham motions by 3/16, February 14, 2020
DCC Philbrick order for proposals by 3 16
Unopposed US motion for summary affirmance, March 12, 2020
DCC US unop mo summary affirmance
Summary affirmance, May 20, 2020
DCC Philbrick summary affirmance
US petition for certiorari, No. 20-37, July 13, 2020
20-___ – DOJ Gresham Philbrick (Petition)
20200716154543314_20-___ – Gresham Philbrick Petition
| Aug 10 2020 | Motion to extend the time to file a response is granted and the time is extended to and including October 16, 2020. |
New Hampshire support for petition, August 14, 2020
20200814153346011_Brief in Support of NH DHHS
Philbrick opposition to petition, October 16, 2020
20201016171051286_20-37 20-38 BIO
US reply supporting petition, November 4, 2020
20201104142535203_20-37 – Gresham Philbrick cert reply
FRIDAY, DECEMBER 4, 2020
CERTIORARI GRANTED
20-37 ) AZAR, SEC. OF H&HS, ET AL. V. GRESHAM, CHARLES, ET AL.
)
20-38 ) ARKANSAS V. GRESHAM, CHARLES, ET AL.
The petitions for writs of certiorari are granted. The
cases are consolidated, and a total of one hour is allotted for
oral argument.
“WORK AND COMMUNITY ENGAGEMENT”
Dear State Medicaid Directors letter, Jan. 11, 2018
[Letter to Arizona, Sept. 30, 2016
Summer 2017’s statutory Medicaid work option
H.R. 1628, sec. 117, as it went to the Senate floor, 6/8/17
H.R. 1628 (Graham-Cassidy), sec. 121, 9/24/17
Wyden/Pallone letter to Comptroller General, 3/23/18
CMS letter re work requirements for Native Americans
Senators’ letter re work requirements for Native Americans, 4/27/18
“WORK AND COMMUNITY ENGAGEMENT,” STATE BY STATE
Per the Kaiser waiver tracker, Dec. 14, 2020
Alabama Pending
Arizona Approved, but work requirement suspended by State
Arkansas Set aside by district court; Supreme Court Nos. 20-37 and 20-38
Georgia Approved, but work requirements not in effect
Idaho Pending
Indiana Approved, but work requirement temporarily suspended by State; court case pending
Kentucky Set aside by district court, withdrawn by State
Michigan Set aside by district court
Mississippi Pending
Montana Pending
Nebraska Approved, but work requirements not in effect until 4/22
New Hampshire Set aside by district court; Supreme Court No. 20-37
Ohio Approved, but not implemented
Oklahoma Approved, but withdrawn by State; revision pending
South Carolina Approved, but not implemented
South Dakota Pending
Tennessee Pending
Utah Approved, but suspended by State
Wisconsin Approved, but not currently in effect [?]
Alabama
Application, July 31/September 10, 2018
Completeness letter, September 21, 2018
al-workforce-initiative-cms-cmpltnss-ltr-20180921
Withdrawal letter, February 17, 2021
al-workforce-initiative-state-withdrawal-ltr-02172021
Arizona
Proposal, Dec. 19, 2017 (minus appendices)
Completeness letter, Jan. 4, 2018
az-hccc-cms-cmplt-ltr-01042018
Approval, Jan. 18, 2019
Arizona letter suspending work requirement, Oct. 17, 2019
az-hccc-postponement-ltr-ahcccs-works-10172019
Arizona 1135, etc., request, March 17, 2020
AZ_RequestForCOVID_19_EmergencyAuthorities_03172020-1
CMS correspondence to Arizona, February 12, 2020
az-hccc-cms-ltr-state-demo-02122021
| 02/12/2021 | CMS Letter to State (PDF, 38.61 KB) |
| 02/12/2021 | CMS Letter to State about Demonstration (PDF, 312.85 KB) |
CMS letter to Arizona, June 24, 2021
Arkansas
Approval, March 5, 2018
Letter rescinding amendment language, February 12, 2021
Letter anticipating withdrawal of work requirements waiver authority, February 12, 2021
ar-works-cms-ltr-state-demo-02122021
Arkansas letter to CMS, March 12, 2021
ar-cms-ltr-from-state-03122021
CMS letter to Arkansas, March 17, 2021
Arkansas legislation: SB 410 (2021), with amendment
Arkansas Act 530, April 5, 2021
Arkansas DAB notice of appeal, April 16, 2021
Departmental Appeals Board NOA
CMS acknowledgement, April 30, 2021
Acknowledgment of Appeal filed by Arkansas Dept. of Human Services-1
Board Docket No. A–21–53
[]
ARHome application, July 19, 2021
Arkansas application, September 21, 2021
Completeness letter, September 23, 2021
ar-arhome-complete-ltr-09232021
Arkansas Lawsuit
Gresham v. Azar, No. 1:18-cv-1900 (D. D.C., filed Aug. 14, 2018)
Complaint
Exhibit 1: waiver request
[too large to load; see above]
Exhibit 2: waiver approval
Exhibit 3: eligibility and enrollment monitoring plan
Exhibit 4: Arkansas Works report
Exhibit 5: Burwell to Hutchinson letter re prior waiver
Exhibit 6: Dear State Medicaid Director letter, January 11, 2018
Notice of related case
Errata, filed August 21, 2018
Opposition to related case designation, August 28, 2018
Arkansas intervention, with proposed answer,
Reply supporting related case, September 6, 2018
| 09/12/2018 | MINUTE ORDER: The Court ORDERS that Defendants’ 17 Objection to Related-Case Designation is OVERRULED. Among other reasons, both cases’ common factual and legal issues, many of which are quite complex, militate in favor of this Court retaining the new case in the interests of judicial economy. So ORDERED by Judge James E. Boasberg on 9/12/2018. (lcjeb2) (Entered: 09/12/2018) |
Answer, September 12, 2018
| 09/28/2018 | MINUTE ORDER: The Court ADOPTS the parties’ 23 Joint Proposed Briefing Schedule and ORDERS that: 1) Defendants shall produce the administrative record by October 15, 2018; 2) Plaintiffs shall file their Motion for Summary Judgment and First Amended Complaint by November 5, 2018; 3) Defendants and Intervenor shall file their Oppositions to Plaintiffs’ Motion and their Motions to Dismiss and/or Motions for Summary Judgment by November 30, 2018; 4) Plaintiffs shall file their Opposition to Defendants’ Motion(s) and Reply in support of their Motion by December 21, 2018; 5) Defendants and Intervenor shall file their Replies in support of their Motions by January 14, 2019; and 6) Defendants’ obligation to Answer the Complaint is STAYED until resolution of these Motions. So ORDERED by Judge James E. Boasberg on 9/28/2018. (lcjeb2) (Entered: 09/28/2018) |
| 12/26/2018 | MINUTE ORDER GRANTING 43 Motion to Stay Deadline for Federal Defendants’ Reply Brief. So ORDERED by Judge James E. Boasberg on 12/26/2018. (lcjeb2) (Entered: 12/26/2018) |
| Aug 10 2020 | Motion to extend the time to file a response is granted and the time is extended to and including October 16, 2020. |
| Nov 04 2020 | DISTRIBUTED for Conference of 11/20/2020. |
CERTIORARI GRANTED
20-37 ) AZAR, SEC. OF H&HS, ET AL. V. GRESHAM, CHARLES, ET AL.
)
20-38 ) ARKANSAS V. GRESHAM, CHARLES, ET AL.
The petitions for writs of certiorari are granted. The
cases are consolidated, and a total of one hour is allotted for
oral argument.
| 02/12/2021 | CMS Letter to State (PDF, 38.37 KB) | |
| 02/12/2021 | CMS Letter to State about Demonstration (PDF, 311.6 KB) |
Lawsuit
| 04/04/2022 | Set/Reset Deadlines: Defendant’s Motions to Dismiss, Cross-Motion for Summary Judgment, and Opposition to Plaintiffs’ Motion for Summary Judgment due by 5/5/2022 re: 21 Motion. (csr) (Entered: 04/04/2022) | |
| 04/04/2022 | Set/Reset Deadlines as to 13 MOTION for Summary Judgment. Plaintiffs’ Reply in Support of Their Motion for summary Judgment, Opposition to Defendants’ Motion to Dismiss, and Opposition to Defendants’ Cross-Motion for Summary Judgment. Replies due by 5/26/2022 re: 21 Order. (csr) (Entered: 04/04/2022) | |
| 04/04/2022 | Set Deadlines/Hearings: Defendants’ Reply in Support of Their Motion to Dismiss and Cross Motion for Summary Judgment due by 6/16/2022 re: 21 Order. (csr) (Entered: 04/04/2022) | |
| 04/11/2022 | NOTICE of Hearing on Motion 13 MOTION for Summary Judgment . Motion Hearing set for 6/20/2022 10:00 AM in Brunswick – Courtroom No. 1 – before Judge Lisa G. Wood. (WS) (Entered: 04/11/2022) |
Indiana
Healthy Indiana proposed amendment, July 20, 2017
Approval letter, February 1, 2018
| 02/12/2021 | CMS Letter to State (PDF, 39.46 KB) | |
| 02/12/2021 | CMS Letter to State about Demonstration (PDF, 313.33 KB) |
| 09/25/2019 | Case Assigned to Judge James E. Boasberg. (zeg) (Entered: 09/25/2019) |
| 10/15/2019 | MINUTE ORDER GRANTING Indiana Family and Social Services Administration’s 12 Motion to Intervene as Defendant. So ORDERED by Judge James E. Boasberg on 10/15/2019. (lcjeb2) (Entered: 10/15/2019) |
| 11/19/2019 | MINUTE ORDER: The Court ORDERS that the parties shall appear for a hearing on the pending 18 Motion to Stay on November 21, 2019, at 11:45 a.m. in Courtroom 25. So ORDERED by Judge James E. Boasberg on 11/19/2019. (lcjeb2) (Entered: 11/19/2019) |
| 11/21/2019 | MINUTE ORDER: As discussed at today’s hearing, the Court ORDERS that: 1) Plaintiffs’ 16 Motion for Briefing Schedule is GRANTED IN PART and DENIED IN PART; 2) Federal Defendants’ 18 Motion to Stay is GRANTED IN PART and DENIED IN PART; 3) Defendants shall produce the administrative record by December 5, 2019; 4) By December 9, 2019, Federal Defendants shall file a Notice setting forth whether they believe that: a) the approval of Indiana’s work requirements is materially different from that of Kentucky’s or Arkansas’s or b) a D.C. Circuit merits affirmance in the Kentucky and Arkansas cases would also bar the work requirements here; 5) Federal Defendants and Intervenor Defendant shall file any brief by January 6, 2020, explaining why a) the approval of Indiana’s work requirements is materially different and/or b) why even if it is not, other challenged components of HIP should not be struck down in the event the D.C. Circuit affirms this Court’s rulings on the Kentucky and Arkansas approvals; 6) Plaintiffs shall file any response by January 27, 2020, and Defendants shall file any reply by February 10, 2020; and 7) Defendants reserve the right to take different positions in the event the D.C. Circuit decision is not a straight affirmance on the grounds set forth by this Court. So ORDERED by Judge James E. Boasberg on 11/21/2019. (lcjeb2) (Entered: 11/21/2019) |
| 03/20/2020 | MINUTE ORDER: Although the mandate has not yet issued in Gresham v. Azar, No. 18-1900, the Court ORDERS that by April 3, 2020, the parties shall file a Joint Status Report indicating how they think the Court should proceed here. Parties need not repeat in full arguments regarding remand, but may cite portions of previously filed briefs. So ORDERED by Judge James E. Boasberg on 3/20/2020. (lcjeb3) (Entered: 03/20/2020) |
| 04/06/2020 | MINUTE ORDER: The Court ORDERS that: 1) The case is STAYED until further Order of the Court; and 2) The parties shall submit a joint status report within two weeks of the COVID-19 public-health emergency being declared over. So ORDERED by Judge James E. Boasberg on 4/6/2020. (lcjeb2) (Entered: 04/06/2020) |
| 06/28/2021 | MINUTE ORDER: The Court ORDERS that the parties shall file a Joint Status Report by July 8, 2021. So ORDERED by Judge James E. Boasberg on 6/28/2021. (lcjeb2) (Entered: 06/28/2021) |
| 07/08/2021 | MINUTE ORDER: The Court ADOPTS the parties’ 40 Joint Status Report and ORDERS that they shall file a further joint status report within two weeks of the COVID-19 public-health emergency being declared over or CMS completing its review of the current Healthy Indiana Plan approval, whichever occurs first. So ORDERED by Judge James E. Boasberg on 7/8/2021. (lcjeb3) (Entered: 07/08/2021) |
Kansas
KanCare 2.0 proposal, Dec. 26, 2017
Kentucky
Amendment, July 3, 2017
Approval, Jan. 12, 2018
Approval #2, Nov. 20, 2018
CMS correspondence with Kentucky, Feb. 12, 2021
Kentucky Lawsuit
Stewart v. Hargan, No. 1:18-cv-152 (D. D.C., filed Jan. 24, 2018)
Complaint
Exhibit A
Stewart v. Hargan complaint Exhibit A
Exhibit B
Exhibit D
US motion to transfer, Feb. 9, 2018
Plaintiffs’ opposition to motion to transfer, Feb. 23, 2018
US reply supporting transfer, March 5, 2018
Joint motion for briefing schedule/briefing schedule, March 8, 2018
Kentucky intervention, March 29, 2018
Plaintiffs’ motion for summary judgment, March 30, 2018
US notice supporting transfer, April 4, 2018
Plaintiffs’ response to US notice, April 6, 2018
AARP amicus, April 6, 2018
5461786-1–31203
Deans, Chairs, and Scholars amicus, April 6, 2018
Order denying transfer, April 10, 2018
Kentucky motion/opposition, April 25, 2018
Exhibit 1
Exhibit 2
Exhibit 3
Proposed order
US motion, April 25, 2018
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Exhibit G
Exhibit H
Exhibit I
Exhibit J
Exhibit K
Exhibit L
Exhibit M
Exhibit N
Exhibit O
Exhibit P
Exhibit Q
Exhibit R
Proposed order
Plaintiffs’ reply/opposition, May 14, 2018
Consent reschedule oral argument request, May 21, 2018
MINUTE ORDER GRANTING 61 Motion to Reschedule Argument. The Court ORDERS that the oral argument scheduled for June 13, 2018, is hereby VACATED and RESET for June 15, 2018, at 11 a.m. in Courtroom 25. So ORDERED by Judge James E. Boasberg on 5/22/2018. (lcjeb3) (Entered: 05/22/2018)
Kentucky reply, May 24, 2018
US reply, May 24, 2018
US supplemental authorities, June 19, 2018
Opinion, June 29, 2018
Order, June 29, 2018
Joint motion to strike judgment, August 10, 2018
| 08/14/2018 | MINUTE ORDER GRANTING 77 Motion to Strike. The Court ORDERS that subsection (4) in Order 73 is hereby VACATED and the case is REOPENED. So ORDERED by Judge James E. Boasberg on 8/14/18. (lcjeb1) (Entered: 08/14/2018) |
CMS reopening, July 19, 2018
CMS reopening 7 19 18
Joint motion to strike and vacate final judgment, August 10, 2018
Joint status report, September 14, 2018
| 12/06/2018 | MINUTE ORDER GRANTING Joint 83 Motion for Briefing Schedule. The Court ORDERS that: 1) Defendants shall produce the administrative record by December 17, 2018; 2) Plaintiffs’ shall file their first amended complaint and motion for summary judgment by January 14, 2019; 3) Defendants and Intervenors shall file their oppositions to Plaintiffs’ motion and their motions to dismiss and/or motions for for summary judgment by January 28, 2019; 4) Plaintiffs shall file their opposition to Defendants’ and Intervenors’ motions and their reply in support of their motion by February 11, 2019; 5) Defendants and Intervenors shall file their replies in support of their motions by February 22, 2019; and 6) Defendants’ obligation to answer the first amended complaint shall be stayed until resolution of these motions. So ORDERED by Judge James E. Boasberg on 12/6/2018. (lcjeb3) (Entered: 12/06/2018) |
| 12/14/2018 | MINUTE ORDER: Per the parties’ 84 Joint Status Report, the Court ORDERS that no further joint status reports are required absent further Order of the Court. So ORDERED by Judge James E. Boasberg on 12/14/2018. (lcjeb3) (Entered: 12/14/2018 |
Plaintiffs’ motion to allow for filing of excess pages, January 7, 2019
Order, January 8, 2019
| 01/08/2019 | MINUTE ORDER: The Court ORDERS that Plaintiffs’ 86 Motion is GRANTED IN PART and DENIED IN PART, and they may file an opening brief not to exceed 55 pages. So ORDERED by Judge James E. Boasberg on 1/8/2019. (lcjeb3) (Entered: 01/08/2019) |
First Amended Complaint with Class Action Allegations, January 14, 2019
88.-amended-complaint_redacted
Motion/memo for partial summary judgment, January 14, 2019
Revised memo, January 17, 2019
# 2 Exhibit A – Stewart Declaration
# 3 Exhibit B – Kobersmith Declaration
# 4 Exhibit C – McComas Declaration
# 5 Exhibit D – Spears Declaration
# 6 Exhibit E – Roode Declaration
# 7 Exhibit F – Penney Declaration
# 8 Exhibit G – Keith Declaration
# 9 Exhibit H – Wittig Declaration
# 10 Exhibit I – Malone Declaration
# 11 Exhibit J – Humber Declaration
# 12 Exhibit K – Yates Declaration
# 13 Exhibit L – Segovia Declaration
# 14 Exhibit M – Ritter Declaration
# 15 Exhibit N – Martin Declaration
# 16 Exhibit O – Blanton Declaration
# 17 Exhibit P – Lee Declaration
Text of Proposed Order
US motion for stay, with proposed order, January 15, 2019
Plaintiffs’ opposition to motion for stay, January 17, 2019
Kentucky’s partial opposition to motion for stay, January 17, 2019
| 01/17/2019 | MINUTE ORDER: The Court is inclined to extend briefing deadlines by only a week unless Kentucky agrees to delay its implementation. If Defendants wish to be further heard on their 90 Motion to Stay, the Court ORDERS that they shall file a reply by January 18, 2019, at 4:00 p.m. So ORDERED by Judge James E. Boasberg on 1/17/2019. (lcjeb1) (Entered: 01/17/2019) |
| 01/18/2019 | MINUTE ORDER: The Court ORDERS that Defendants’ 90 Motion to Stay is GRANTED IN PART and DENIED IN PART. Briefing deadlines are extended one week from the schedule set out in the Minute Order of December 6, 2018. So ORDERED by Judge James E. Boasberg on 1/18/2019. (lcjeb3) (Entered: 01/18/2019) |
Deans’, Chairs’ and Scholars’ amicus, January 18, 2019
American Academy of Pediatrics amicus, January 24, 2019
AARP amicus, January 24, 2019
US motion to dismiss/motion for summary judgment, with memo, and proposed order, February 4, 2019
Kentucky opposition/cross motion for summary judgment, February 4, 2019
Plaintiffs’ reply supporting summary judgment/opposition to defendants’ motions, February 19, 2019
US reply, with Healthy Indiana 2.0 approval letter, March 1, 2019
Kentucky reply, March 1, 2019
US notice of changes in terms and conditions, March 15, 2019
Opinion, March 27, 2019
Order, March 27, 2019
Joint motion for entry of 54(b) judgment, April 3, 2019
54(b) order, April 4, 2019
US notice of appeal, April 10, 2019
US appeal #: 19-5095
Kentucky notice of appeal, April 11, 2019
Kentucky appeal #: 19-5097
US motion to expedite appeal, April 11, 2019
DCC 1115 US motion to expedite
Scheduling order re motion to expedite, April 12, 2019
DCC Stewart expedite motion scheduling order
Kentucky support for expediting, April 12, 2019
DCC Stewart Kentucky support expediting
Plaintiffs’ opposition to expediting (as filed in Gresham), April 15, 2019
DCC Gresham Stewart op to expediting
US reply supporting expediting (as filed in Gresham), April 16, 2019
DCC Gresham Stewart expediting reply
D.C. Circuit scheduling order, April 19, 2019
US opening brief, May 14, 2019
DCC Stewart US appellant brief
Kentucky opening brief, May 14, 2019
DCC Stewart KY appellant brief
Kentucky Hospital Ass’n amicus, May 21, 2019
DCC Kentucky Hospital Assn amicus
| 01/09/2020 | MIUTE ORDER: Given the dismissal of Defendants’ appeal and the issuance of the Mandate, the Court ORDERS that by January 23, 2020, the parties shall submit a Joint Status Report indicating how they wish to proceed here. So ORDERED by Judge James E. Boasberg on 1/9/2020. (lcjeb3) (Entered: 01/09/2020) |
| 01/24/2020 | MINUTE ORDER: Per the parties’ 141 Joint Status Report, the Court ORDERS that: 1) Counts II-VII are DISMISSED WITHOUT PREJUDICE as moot; 2) Counts I and IX are DISMISSED WITHOUT PREJUDICE with Plaintiffs’ consent; 3) Judgment is ENTERED in favor of Plaintiffs; and 4) Plaintiffs shall file any motion for attorney fees and costs by February 24, 2020. So ORDERED by Judge James E. Boasberg on 1/24/2020. (lcjeb3) (Entered: 01/24/2020) |
Counter Lawsuit
Bevin v. Stewart, No. 3:18-cv-8 (E.D. Ky., filed Feb. 19, 2018)
KAHP motion to intervene, and proposed complaint in intervention, March 2, 2018
Kentucky Hospital Ass’n motion to intervene and proposed complaint in intervention, March 22, 2018
Stewart Defendants’ memo in support of motion to dismiss, April 9, 2018
Stewart Defendants’ op to KAHP motion to intervene, April 9, 2018
Stewart Defendants’ op to KHA motion to intervene, April 9, 2018
KAHP reply for intervention, April 23, 2018
KHA reply for intervention, April 23, 2018
Kentucky op to motion to dismiss, May 7, 2018
Reply supporting motion to dismiss, May 29, 2018
Opinion dismissing lawsuit, August 20, 2018
And, or maybe But, the attempt to crash the system if the lawsuit succeeds …
Executive Order, January 12, 2018
Not now filed in Stewart v. Azar
CMS letter re Stewart decision, May 14, 2019
ky-health-court-decision-ltr-20190504
Maine
MaineCare proposal, Aug. 1, 2017
Approval, December 21, 2018
Michigan
Healthy Michigan amendment, September 10, 2018
Completeness letter, September 25, 2018
mi-healthy-michigan-cms-cmpltnss-ltr-20180925
Approval, Dec. 21, 2018
CMS correspondence with Michigan, Feb. 12, 2021
CMS correspondence with Michigan, Feb. 18, 2021
mi-healthy-michigan-state-ltr-about-demo-02182021
CMS letter to Michigan, April 6, 2021
Michigan Lawsuit
Young v. Azar, No. 1:19-cv-3526 (D. D.C.)
Complaint and notice of related case, Nov. 22, 2019
Michigan-1115-Complaint-Redacted
Joint motion for briefing schedule, Dec. 30, 2019
Briefing schedule, Jan. 14, 2020
Federal response re differing issues, Jan. 28, 2020
Michigan motion to intervene, February 19, 2020
US request for rescheduling, February 20, 2020
Michigan motion for partial summary judgment, February 25, 2020
Michigan proposal to sever work requirements from rest of waiver, March 3, 2020
US memo on what to do with issues other than work requirements, March 3, 2020
| 03/04/2020 | MINUTE ORDER: In light of the D.C. Circuit’s recent decision in Gresham v. Azar, the Court ORDERS that: 1) Intervenor’s 22 Motion for Partial Summary Judgment is GRANTED; 2) The Secretary’s December 21, 2018, approval of the work and community-engagement requirements in the Healthy Michigan Plan Amended Demonstration Extension Application is VACATED; and 3) Once briefing is complete, the Court shall determine the validity of the remainder of the approval and all remedies. So ORDERED by Judge James E. Boasberg on 3/4/2020. (lcjeb1) (Entered: 03/04/2020) |
Michigan Ass’n of Health Plans request to file amicus, March 16, 2020
| 03/16/2020 | MINUTE ORDER: The Court GRANTS The Michigan Association of Health Plans’ 25 Motion for Leave to File an Amicus Brief and ORDERS that it shall file the Amicus Brief by March 19, 2020. So ORDERED by Judge James E. Boasberg on 3/16/2020. (lcjeb1) (Entered: 03/16/2020 |
Michigan Ass’n of Health Plans amicus, March 19, 2020
| 04/02/2020 | MINUTE ORDER: The Court GRANTS Intervenor Michigan Department of Health and Human Services’ 28 Motion to Stay. The Court further ORDERS that the case is STAYED until the earlier of (1) the end of the COVID-19 public health emergency declared by Defendant Azar under Section 319 of the Public Health Service Act; or (2) 45 days before the date when Michigan begins to implement the premiums that are conditions of continued Medicaid eligibility or the healthy behavior requirements that are conditions of continued Medicaid eligibility. So ORDERED by Judge James E. Boasberg on 4/2/2020. (lcjeb1) (Entered: 04/02/2020) |
Mississippi
Medicaid Workforce Training Initiative, Nov. 7, 2017
Revised application, May 29, 2018
Montana
Montana HELP program amendment, Aug. 26, 2019
Completeness letter, Sept. 11, 2019
mt-HELP-program-cms-cmpltnss-ltr-09112019
Nebraska
Application, December 12, 2019
Completeness letter, December 17, 2019
Approval letter, October 20, 2020
CMS correspondence with Nebraska, February 12, 2021
ne-hha-cms-ltr-state-demo-02122021
| 02/12/2021 | CMS Letter to State about Demonstration (PDF, 312.22 KB) |
Nebraska letter to CMS, February 24, 2021
nb-cms-ltr-from-state-02242021
New Hampshire
 |
| Image result for new hampshire state seal |
New Hampshire Health Protection Program Premium Assistance, Oct. 24, 2017
Approval, May 7, 2018
Fact sheet, May 7, 2018
nh-health-protection-program-premium-assistance-fs
Extension, November 30, 2018
Letter to state re delays in withdrawing waiver authority, February 12, 2021
CMS Letter to State (PDF, 38.6 KB)
Letter anticipating withdrawal of work requirements waiver authority, February 12, 2021
nh-granite-advantage-health-care-program-cms-ltr-state-demo-02122021
CMS letter to New Hampshire, March 17, 2021
nh-granite-advantage-health-care-program-ca2
New Hampshire Lawsuit
Philbrick v. Azar, No. 1:19-cv-773 (D. D.C., filed March 20, 2019)
Complaint (redacted)
NH-Medicaid-Waiver-Complaint-FINAL_Redacted
Notice of related case, March 20, 2019
Notice of related case, March 20, 2019
Joint motion for briefing schedule, April 16, 2019
| 04/16/2019 | MINUTE ORDER: The Court GRANTS the parties’ 11 Joint Motion for Briefing Schedule and ORDERS that the following schedule shall govern subsequent proceedings: 1) Defendants shall produce the Administrative Record by April 26, 2019; 2) Plaintiffs shall file their Motion for Preliminary Injunction and/or Motion for Summary Judgment by May 16, 2019; 3) Defendants shall file their Opposition to Plaintiffs’ Motion(s) and their Motion to Dismiss and/or Motion for Summary Judgment by June 6, 2019; 4) Plaintiffs shall file their Opposition to Defendants’ Motion(s) and their Reply in support of their Motion(s) by June 17, 2019; and 5) Defendants shall file their Reply in Support of their Motion(s) by June 28, 2019. So ORDERED by Judge James E. Boasberg on 4/16/2019. (lcjeb3) (Entered: 04/16/2019) |
Unopposed NH motion to intervene, April 25, 2019
Philbrick unopposed NH motion to intervene
| 04/25/2019 | MINUTE ORDER: The Court ORDERS that New Hampshire Department of Health and Human Services’s 15 Motion to Intervene is GRANTED, and it shall abide by the same rules and deadlines applicable to Defendants. So ORDERED by Judge James E. Boasberg on 4/25/2019. (lcjeb3) (Entered: 04/25/2019) |
Plaintiffs’ motion for summary judgment, May 16, 2019
Summary judgment memo
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Proposed Order
Deans, Chairs and Scholars amicus, May 16, 2019
Justice in Aging motion for leave and amicus, May 23, 2019
American Academy of Pediatrics motion for leave, amicus, entry of appearance, May 28, 2019
US opposition/cross motion, memo in support, June 6, 2019
Exhibit list
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Exhibit G
Exhibit H
Exhibit I
Exhibit J
Exhibit K
Proposed order
New Hampshire cross motion for summary judgment, with memo, June 6, 2019
Plaintiffs’ response/reply, June 17, 2019
State’s reply, with bill and Lipman affidavit, June 28, 2019
Federal reply, June 28, 2019
| 07/05/2019 | MINUTE ORDER: The Court ORDERS that the parties shall appear for oral argument on the pending Motions on July 23, 2019, at 11:00 a.m. So ORDERED by Judge James E. Boasberg on 7/5/2019. (lcjeb1) (Entered: 07/05/2019) |
New Hampshire notice re SB 290, waiver of requirement until 9/30, July 10, 2019
Opinion, July 29, 2019
Order, July 29, 2019
Now filed in Philbrick
SB 290, apparently signed July 2019 (July 8?)
Unopposed US motion for entry of final judgment, August 27, 2019
Final judgment, August 27, 2019
US notice of appeal, October 25, 2019
NH notice of appeal, October 25, 2019
D.C. Circuit #s 19-5293, 5295
Unopposed motion to hold appeal in abeyance, November 13, 2019
Abeyance order, November 21, 2019
Order for parties to submit post-Gresham motions by 3/16, February 14, 2020
DCC Philbrick order for proposals by 3 16
Unopposed US motion for summary affirmance, March 12, 2020
DCC US unop mo summary affirmance
Summary affirmance, May 20, 2020
DCC Philbrick summary affirmance
US petition for certiorari, No. 20-37, July 13, 2020
20-___ – DOJ Gresham Philbrick (Petition)
20200716154543314_20-___ – Gresham Philbrick Petition
| Aug 10 2020 | Motion to extend the time to file a response is granted and the time is extended to and including October 16, 2020. |
New Hampshire support for petition, August 14, 2020
20200814153346011_Brief in Support of NH DHHS
Philbrick opposition to petition, October 16, 2020
20201016171051286_20-37 20-38 BIO
US reply supporting petition, November 4, 2020
20201104142535203_20-37 – Gresham Philbrick cert reply
FRIDAY, DECEMBER 4, 2020
CERTIORARI GRANTED
20-37 ) AZAR, SEC. OF H&HS, ET AL. V. GRESHAM, CHARLES, ET AL.
)
20-38 ) ARKANSAS V. GRESHAM, CHARLES, ET AL.
The petitions for writs of certiorari are granted. The
cases are consolidated, and a total of one hour is allotted for
oral argument.
Letter from U.S. Supreme Court, April 18, 2022
DCC letter Philbrick from USC 4 18 22
==
North Carolina (hypothetical?)
Proposal Amendment, Dec. 4, 2017
Ohio
Group VIII Work Requirement and Community Engagement 1115 Demonstration Waiver Application, April 30, 2018
| 02/12/2021 | CMS Letter to State (PDF, 38.9 KB) |
| 02/12/2021 | CMS Letter to State about Demonstration (PDF, 313.29 KB) |
| 02/12/2021 | CMS Letter to State (PDF, 37.24 KB) |
| 02/12/2021 | CMS Letter to State (PDF, 35.69 KB) |
| 02/12/2021 | CMS Letter to State about Demonstration (PDF, 311.91 KB) |
South Dakota
South Dakota Career Connector Application, August 10, 2018
Preliminary completeness letter, August 27, 2018
Utah
Proposed amendment, Aug. 15, 2017
| 02/12/2021 | CMS Letter to State (PDF, 38.59 KB) | |
| 02/12/2021 | CMS Letter to State about Demonstration (PDF, 312.92 KB) |
Wisconsin
Proposed amendment, June 7, 2017
| 02/12/2021 | CMS Letter to State (PDF, 38.66 KB) |
| 02/12/2021 | CMS Letter to State about Demonstration (PDF, 313.18 KB) |
LIFETIME LIMITS, STATE BY STATE
Arizona
Proposal, Dec. 19, 2017 (minus appendices)
Kansas
KanCare 2.0 proposal, Dec. 26, 2017
Lifetime limits turndown, May 7, 2018
North Carolina (hypothetically)
Application Amendment, Dec. 4, 2017
Utah
Proposed amendment, Aug. 15, 2017
Wisconsin (six month lockout after four years)
Proposed amendment, June 7, 2017
Affordable Care Act Litigation 