1115 Medicaid Waivers: “Community Engagement”

“WORK AND COMMUNITY ENGAGEMENT”

Dear State Medicaid Directors letter, Jan. 11, 2018

 

This past summer’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

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Senators’ letter re work requirements for Native Americans, 4/27/18

 

“WORK AND COMMUNITY ENGAGEMENT,” STATE BY STATE

Arizona

Image result for arizona state seal

 

Proposal, Dec. 19, 2017 (minus appendices)

 

Completeness letter, Jan. 4, 2018

az-hccc-cms-cmplt-ltr-01042018

Approval, Jan. 18, 2019

az-hccc-ca

 

Arkansas

Image result for arkansas state seal

Proposed amendment, June 30, 2017

Approval, March 5, 2018

ar-works-ca

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

Joint proposed briefing schedule, September 27, 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)
First amended complaint, November 5, 2018
Exhibit 1: waiver request
Exhibit 2: waiver approval
Exhibit 3: monitoring plan
Exhibit 4: Arkansas Works reports
Exhibit 5: Burwell to Hutchinson letter
Exhibit 6: Dear State Medicaid Directors letter
Plaintiffs’ motion for summary judgment, November 5, 2018
Motion
Memo
Gresham declaration
McGonigal declaration
C Ardon declaration
M Ardon declaration
Book declaration
Cook declaration
Watson declaration
Robinson declaration
Deyo declaration
Proposed order
Errata exhibit Kentucky approval, 11/6/2018
Deans, Chairs, and Scholars’ amicus, 11/7/2018
NAMI amicus, 11/16/2018
NAMI amicus, 11/26/2018
US motion to dismiss/motion for summary judgment/opposition, 11/30/2018
Exhibit A: Kentucky waiver approval, 11/20/18
Exhibit B: CMS to Gov. Beebe letter, 2012
Exhibit C: Healthy Indiana approval, 2015
Exhibit D: Del. Diamond approvals list
Exhibit E: Montana approval materials, 2016
Exhibit F: Oklahoma approvals list
Exhibit G: Michigan approval, 2013
Exhibit H: Arkansas approval, 2011
Exhibit I: N.H. approval, 2015
Exhibit J: TennCare approval, 2012
Exhibit K: Oregon approval, 2002
Exhibit L: Indiana letter, 2018
Arkansas motion for summary judgment/opposition, with Franklin declaration, 11/30/2018
Plaintiffs’ opposition/reply, with Arkansas Works attachment, 12/21/2018
US motion to stay deadlines, 12/26/2018
Order granting US stay motion, 12/26/2018
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)
Arkansas reply, with Franklin declaration, 1/14/2019
Notice of restoration of appropriations, 1/29/2019
Arkansas mo to substitute info on real plaintiff, with substitute affidavit, 2/8/2019
Gresham US reply brief, 2/19/2019
Not now filed in Gresham v. Azar
MACPAC letter, 11/8/2018

Indiana

external image stateseal.gif

Healthy Indiana extension request, Jan. 31, 2017

Healthy Indiana proposed amendment, July 20, 2017

 

Approval letter, February 1, 2018

Kansas

KanCare 2.0 proposal, Dec. 26, 2017

Partial turndown, May 7, 2018

 

Kentucky

Image result for kentucky state seal

Proposal, Aug. 24, 2016

Amendment, July 3, 2017

Approval, Jan. 12, 2018

 

Approval #2, Nov. 20, 2018

ky-health-ca

 

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 C

Exhibit D

US motion to transfer, Feb. 9, 2018

Plaintiffs’ opposition to motion to transfer, Feb. 23, 2018

Commonwealth amicus supporting transfer, March 5, 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

 

5525966-2–27426

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

Joint status report, October 15, 2018
Joint status report, November 15, 2018
Briefing schedule, December 6, 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)
Joint status report, December 14, 2018
Order, December 14, 2018: no need for more status reports
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

5819372-0–18107-1

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

5828713-0–31107

5828713-1–31489

Revised memo, January 17, 2019

5834342-1–16236

# 2 Exhibit A – Stewart Declaration

5834342-2–27727

# 3 Exhibit B – Kobersmith Declaration

5834342-3–28151

# 4 Exhibit C – McComas Declaration

5834342-4–28429

# 5 Exhibit D – Spears Declaration

5834342-5–28774

# 6 Exhibit E – Roode Declaration

5834342-6–29242

# 7 Exhibit F – Penney Declaration

5834342-7–30660

# 8 Exhibit G – Keith Declaration

5834342-8–30755

# 9 Exhibit H – Wittig Declaration

5834342-9–31135

# 10 Exhibit I – Malone Declaration

5834342-10–31347

# 11 Exhibit J – Humber Declaration

5834342-11–31754

# 12 Exhibit K – Yates Declaration

5834342-12–31999

# 13 Exhibit L – Segovia Declaration

5834342-13–1117

# 14 Exhibit M – Ritter Declaration

5834342-14–1447

# 15 Exhibit N – Martin Declaration

5834342-15–1551

# 16 Exhibit O – Blanton Declaration

5834342-16–1871

# 17 Exhibit P – Lee Declaration

5834342-17–3141

Text of Proposed Order

5834342-18–2073

 

US motion for stay, with proposed order, January 15, 2019

5829829-0–27564

5829829-1–28304

Plaintiffs’ opposition to motion for stay, January 17, 2019

5834416-0–19580

Kentucky’s partial opposition to motion for stay, January 17, 2019

5834476-0–17846

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

5837721-1–22494

American Academy of Pediatrics amicus, January 24, 2019

5843278-0–26094

AARP amicus, January 24, 2019

5843755-1–26983

US motion to dismiss/motion for summary judgment, with memo, and proposed order, February 4, 2019

5860904-0–26718

merged_21697_-1-1549331957

5860904-3–26789

Kentucky opposition/cross motion for summary judgment, February 4, 2019

merged_33825_-1-1549376251

[Plaintiffs’ reply supporting summary judgment/opposition to defendants’ motions, February 19, 2019]

 

 

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

4005193-2–8983

 

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

 

Maine

Image result for maine state seal

MaineCare proposal, Aug. 1, 2017

Completeness  letter, Aug. 16, 2017

Approval, December 21, 2018

me-mainecare-ca

 

Michigan

Image result for michigan state seal

Healthy Michigan amendment, September 10, 2018

mi-healthy-michigan-pa3

Completeness letter, September 25, 2018

mi-healthy-michigan-cms-cmpltnss-ltr-20180925

Approval, Dec. 21, 2018

mi-healthy-michigan-ca-1

 

Mississippi

Medicaid Workforce Training Initiative, Nov. 7, 2017

Revised application, May 29, 2018

 

New Hampshire

Image result for new hampshire state seal
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

Reapproval ? November 30, 2018

ga-approval-letter-11302018

ga-stc-11292018

 

North Carolina (hypothetical?)

Proposal Amendment, Dec. 4, 2017

Approval, Oct. 19, 2018, with non approval of hypothetical Carolina Cares expansion with work requirement

Ohio

Group VIII Work Requirement and Community Engagement 1115 Demonstration Waiver Application, April 30, 2018

South Dakota

Image result for south dakota state seal
South Dakota Career Connector Application, August 10, 2018

Preliminary completeness letter, August 27, 2018

Utah

Proposed amendment, Aug. 15, 2017

Amendment, June 22, 2018

Wisconsin

Image result for wisconsin state seal

Proposed amendment, June 7, 2017

Approval, October 31, 2018

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

Approval, October 31, 2018