1115 Medicaid Waivers: “Community Engagement”

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

040521zor_3204

(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

041822zor_19m2

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

Opinion, February 14, 2020
Arkansas petition for certiorari, No. 20-38, July 13, 2020
US petition for certiorari, No. 20-37 July 13, 2020
Respondents’ request for extension, August 7, 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.
Gresham opposition to cert petitions, October 16, 2020
Nov 04 2020 DISTRIBUTED for Conference of 11/20/2020.
US reply supporting petition, November 4, 2020
Arkansas reply supporting petition, November 4, 2020
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.

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

Opinion, February 14, 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

Respondents’ request for extension, August 7, 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.

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

LetterToState09302016 ]

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

dttl011718

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

CMS Administrator Seema Verma’s speech to State Medicaid Directors, 11/12/19
Administrator Verma’s letter to Vermont, 1/4/21, with proposed amendment language
American Cancer Society et al letter to Secretary-Designate Becerra, 1/8/21
National Health Law Program petition, 1/20/21
Cases [12/5/20]:
Kentucky [Stewart v. Hargan], No. 1:18-cv-152 (D. D.C.), Nos. 19-5095/97 (D.C. Cir.) (waiver withdrawn by KY Governor);
Arkansas [Gresham v. Azar], No. 1:18-cv-1900 (D. D.C.), Nos. 19-5094/96 (D.C. Cir.), No. 20-37 and 20-38;
New Hampshire [Philbrick v. Azar], No. 1:19-cv-773 (D. D.C.), No. 19-5293/95 (D.C. Cir.), No. 20-37;
Indiana [Rose v. Azar], No. 1:19-cv-2848 (D. D.C.);
Michigan [Young v. Azar], No. 1:19-cv-3526 (D. D.C.)

“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

al-workforce-initiative-pa

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

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

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-cms-ltr-state-02122021-1

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

az-hccc-ca1

Arkansas

Image result for arkansas state seal

Proposed amendment, June 30, 2017

Approval, March 5, 2018

ar-works-ca

Letter rescinding amendment language, February 12, 2021

ar-cms-ltr-state-02122021

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

ar-works-ca2

Arkansas legislation: SB 410 (2021), with amendment

SB410

SB410-S1

Arkansas Act 530, April 5, 2021

Act530

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. A2153

[]

ARHome application, July 19, 2021

ar-arhome-pa_0

Arkansas application, September 21, 2021

ARHOME_Waiver_Application

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

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
Opinion, 3/27/2019
Order, 3/27/2019
Joint motion for entry of 54(b) judgment, 4/3/2019
54(b) order, 4/4/2019
US notice of appeal, 4/10/2019
US appeal #: 19-5094
Arkansas notice of appeal, 4/10/2019
Arkansas appeal #: 19-5096
US motion to expedite appeal, 4/11/2019
Scheduling order re motion to expedite, 4/12/2019
Arkansas support for motion to expedite, 4/12/2019
Plaintiffs’ opposition to expediting, 4/15/2019
US reply supporting expediting, 4/16/2019
Order setting schedule, 4/19/2019
US opening brief, 5/14/2019
Arkansas opening brief, 5/14/2019
Combined response brief, 6/20/2019
Deans, Chairs, Scholars amicus, 6/27/2019
Lawyers Committee amicus, 6/27/2019
American College of Physicians [and, e.g., AMA] amicus, 6/27/2019
For AARP amicus brief, see Stewart
US reply brief, July 18, 2019
Arkansas reply brief, July 18, 2019
Oral argument notice — October 11, July 30, 2019
US proposal for consolidated oral argument, September 5, 2019
For Stewart dismissal and Gresham, see Stewart
Opinion, February 14, 2020
Arkansas petition for certiorari, No. 20-38, July 13, 2020
US petition for certiorari, No. 20-37 July 13, 2020
Respondents’ request for extension, August 7, 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.
Gresham opposition to cert petitions, October 16, 2020
Nov 04 2020 DISTRIBUTED for Conference of 11/20/2020.
US reply supporting petition, November 4, 2020
Arkansas reply supporting petition, November 4, 2020
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
Supreme Court letter, May 20, 2022
D.C. Circuit order recalling mandate, May 20, 2022
Per curiam order, and mandate, May 24, 2022
05/25/2022 MINUTE ORDER: The Court ORDERS that the Judgment is VACATED and the case is DISMISSED WITHOUT PREJUDICE as moot. So ORDERED by Judge James E. Boasberg on 5/25/2022. (lcjeb2) (Entered: 05/25/2022)
==
Not now filed in Gresham v. Azar
MACPAC letter, 11/8/2018
CMS letter re district court decision, 5/14/2019
Georgia
Georgia State Seal
1115 waiver proposal, 11/4/2019
Presentation to Georgia Dep’t of Community Health, 11/4/2019
Application, 12/23/2019
Completeness letter, 1/6/2020
Approval, 10/15/2020
CMS correspondence with Georgia, 2/12/2021
02/12/2021 CMS Letter to State (PDF, 38.37 KB)
02/12/2021 CMS Letter to State about Demonstration (PDF, 311.6 KB)
AJC story, 2/13/2021
Georgia letter to CMS, 3/12/2021
Georgia letter to CMS, 6/24/2021
Georgia letter to CMS, 7/27/2021
CMS letter to Georgia, 12/23/2021

Lawsuit

Georgia v. Brooks-LaSure, No. 2:22-cv-6 (S.D. Ga., filed Jan. 21, 2022)
Complaint
Georgia motion for summary judgment, and notice, March 16, 2022
Joint motion for briefing schedule, March 21, 2022
[Proposal: US opposition/cross motion to dismiss, May 5; Georgia reply/opposition, May 26; US reply, June 16]
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)
US opposition/cross-motion, May 5, 2022
NHeLP amicus, May 12, 2022
Georgia opposition, May 26, 2022
US reply, June 16, 2022
Motion hearing minutes, June 28, 2022
Order for supplemental briefing, June 28, 2022
[Briefs due 7/8]
US supplemental brief, July 8, 2022
Georgia supplemental brief, July 8, 2022
Opinion, August 19, 2022
====
Idaho
Idaho application, Sept. 27, 2019
Completeness letter, Oct. 3, 2019

Indiana

external image stateseal.gif

Healthy Indiana extension request, Jan. 31, 2017

Healthy Indiana proposed amendment, July 20, 2017

Approval letter, February 1, 2018

Conditional extension, October 26, 2020
CMS correspondence with Indiana, February 12, 2021
02/12/2021 CMS Letter to State (PDF, 39.46 KB)
02/12/2021 CMS Letter to State about Demonstration (PDF, 313.33 KB)
Letter from Indiana to CMS, March 10, 2021
CMS letter to Indiana, June 24, 2021
Indiana Lawsuit
Rose v. Azar, No. 1:19-cv-2848 (D. D.C., filed September 23, 2019)
Complaint
Exhibit A: 12/14/07 approval
Exhibit B: terms and conditions
Exhibit C: 1/27/15 approval
Exhibit D: 1/31/17 approval
Exhibit E: Price/Verma Dear Governor letter
Exhibit F: 5/24/17 Fellow Hoosiers letter
Exhibit G: NHeLP letter to Price, 7/3/17
Exhibit H: Indiana amendment, 7/20/17
Exhibit I: 2/1/18 approval
Exhibit J: Dear State Medicaid Director letter, 1/11/18
Related case suggestion, 9/23/19
09/25/2019 Case Assigned to Judge James E. Boasberg. (zeg) (Entered: 09/25/2019)
Indiana unopposed motion to intervene, Oct. 11, 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)
Plaintiffs’ motion for briefing schedule, Oct. 23, 2019
Defendants’ motion for stay and opposition to briefing schedule, Oct. 31, 2019
Indiana temporary suspension announcement, Oct. 31, 2019
Plaintiffs’ response to stay motion, Nov. 5, 2019
Reply supporting stay motion, Nov. 11, 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)
Indiana notice, December 9, 2019
U.S. Notice, December 9, 2019
Indiana filing on why issues aren’t controlled by Stewart and Gresham, January 6, 2020
US filing, January 6, 2020
Amended complaint, January 27, 2020
[Exhibits]
Response to defendants’ Stewart/Gresham filings, January 27, 2020
Indiana reply filing, February 10, 2020
US reply filing, February 10, 2020
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)
Joint status report requesting stay, April 3, 2020
Stay order, April 6, 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)
Notice of extension/copy of conditional extension, October 29, 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)
Joint status report, July 8, 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)
Iowa
Iowa 1115/1135 request, March 17, 2020

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

CMS correspondence with Kentucky, Feb. 12, 2021

ky-cms-ltr-state-02122021

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

5884972-0–13087

US reply, with Healthy Indiana 2.0 approval letter, March 1, 2019

merged_71672_-1-1551481048

Kentucky reply, March 1, 2019

5901139-0–24813

US notice of changes in terms and conditions, March 15, 2019

5920756-0–27408

Opinion, March 27, 2019

5938346-0–15792

Order, March 27, 2019

5938340-0–21216

Joint motion for entry of 54(b) judgment, April 3, 2019

merged_34321_-1-1554383754

54(b) order, April 4, 2019

5949401-0–16162

US notice of appeal, April 10, 2019

5958414-0–11818

US appeal #: 19-5095

Kentucky notice of appeal, April 11, 2019

5960053-0–7875

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

DCC scheduling order Stewart

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

Combined response brief, 6/20/2019
For amicus briefs, see Gresham, except
AARP amicus, 6/27/2019
US reply brief, 7/18/2019
Kentucky reply brief, 7/18/2019
Oral argument notice — October 11, 7/30/2019
Kentucky motion to dismiss appeal, with notice re termination of waiver, 12/16/2019
US agreement with dismissal, and request to vacate, 12/18/2019
Plaintiffs’ agreement with dismissal, but, 12/20/2019
Order dismissing appeal, 1/8/2020
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)
Joint status report, January 23, 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

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

Not now filed in Stewart v. Azar

CMS letter re Stewart decision, May 14, 2019

ky-health-court-decision-ltr-20190504

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

CMS correspondence with Michigan, Feb. 12, 2021

mi-cms-ltr-state-02122021

CMS correspondence with Michigan, Feb. 18, 2021

mi-healthy-michigan-state-ltr-about-demo-02182021

CMS letter to Michigan, April 6, 2021

mi-healthy-michigan-ca2-1

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

6305227-0–25712

Joint motion for briefing schedule, Dec. 30, 2019

6354180-0–27898

Briefing schedule, Jan. 14, 2020

6372882-0–1524

Federal response re differing issues, Jan. 28, 2020

6393602-0–22170

Michigan motion to intervene, February 19, 2020

6430316-0–8816

US request for rescheduling, February 20, 2020

6433349-0–15533

Michigan motion for partial summary judgment, February 25, 2020

merged_91790_-1-1582726401

Michigan proposal to sever work requirements from rest of waiver, March 3, 2020

merged_72756_-1-1583290761

US memo on what to do with issues other than work requirements, March 3, 2020

6451275-0–17903

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

6470276-0–17604

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

merged_39426_-1-1584807721

Plaintiffs’ response, March 24, 2020
Michigan unopposed motion for stay, April 2, 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)
Motion for continued stay, May 12, 2023
05/12/2023 MINUTE ORDER: The Court ORDERS that: 1) The Joint 30 Motion to Continue Stay is GRANTED; 2) This case is STAYED until July 15, 2023; and 3) The parties shall file a joint status report by June 30, 2023. So ORDERED by Chief Judge James E. Boasberg on 5/12/2023. (lcjeb2) (Entered: 05/12/2023)

Mississippi

Medicaid Workforce Training Initiative, Nov. 7, 2017

Revised application, May 29, 2018

Montana

Montana HELP program amendment, Aug. 26, 2019

mt-help-program-pa3

Completeness letter, Sept. 11, 2019

mt-HELP-program-cms-cmpltnss-ltr-09112019

Nebraska

State Symbols | Nebraska Secretary of State

Application, December 12, 2019

ne-hha-pa

Completeness letter, December 17, 2019

ne-hha-cmplt-ltr-12172019

Approval letter, October 20, 2020

ne-hha-ca

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
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

ga-approval-letter-11302018

ga-stc-11292018

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

5926748-0–10878

Notice of related case, March 20, 2019

5926754-0–11605

Joint motion for briefing schedule, April 16, 2019

5967632-0–23855

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

6017000-0–18108

Summary judgment memo

6017000-1–18723

Exhibit A

6017000-2–18822

Exhibit B

6017000-3–19345

Exhibit C

6017000-4–19483

Exhibit D

6017000-5–19579

Exhibit E

6017000-6–19950

Proposed Order

6017000-7–20129

Deans, Chairs and Scholars amicus, May 16, 2019

merged_50283_-1-1558050729

Justice in Aging motion for leave and amicus, May 23, 2019

merged_52024_-1-1558703742

American Academy of Pediatrics motion for leave, amicus, entry of appearance, May 28, 2019

6032150-0–24800

6032150-1–25330

6032158-0–25748

US opposition/cross motion, memo in support, June 6, 2019

6047931-0–16362

6047931-1–16729

Exhibit list

6047931-2–25259

Exhibit A

6047931-3–26976

Exhibit B

6047931-4–27107

Exhibit C

6047945-4–27601

Exhibit D

6047945-5–28603

Exhibit E

6047945-6–28937

Exhibit F

6047931-8–29107

Exhibit G

6047945-8–29427

Exhibit H

6047945-9–30514

Exhibit I

6047945-10–30670

Exhibit J

6047945-11–31065

Exhibit K

6047931-13–31190

Proposed order

6047931-14–32256

New Hampshire cross motion for summary judgment, with memo, June 6, 2019

merged_33681_-1-1559865064

Plaintiffs’ response/reply, June 17, 2019

6062849-0–17120

State’s reply, with bill and Lipman affidavit, June 28, 2019

6083235-0–12351

6083235-1–12970

6083235-2–13069

Federal reply, June 28, 2019

6083434-0–14091

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

merged_94119_-1-1562860025

Opinion, July 29, 2019

6124985-0–5285

Order, July 29, 2019

6124973-0–4793

Now filed in Philbrick

SB 290, apparently signed July 2019 (July 8?)

SB 290

SB 290 with formatting

Unopposed US motion for entry of final judgment, August 27, 2019

6172015-0–23353

Final judgment, August 27, 2019

6172341-0–23441

US notice of appeal, October 25, 2019

6261916-0–1085

NH notice of appeal, October 25, 2019

6262288-0–15198

D.C. Circuit #s 19-5293, 5295

Unopposed motion to hold appeal in abeyance, November 13, 2019

DCC unopposed mo for abeyance

Abeyance order, November 21, 2019

Abeyance order

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

Respondents’ request for extension, August 7, 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.

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

D.C. Circuit per curiam order and mandate, May 24, 2022

DCC Philbrick per curiam order 5 24

DCC Philbrick mandate 5 24

05/25/2022 MINUTE ORDER: The Court ORDERS that the case is REMANDED to the Secretary of Health and Human Services. So ORDERED by Judge James E. Boasberg on 5/25/2022. (lcjeb3) (Entered: 05/25/2022)

==

North Carolina (hypothetical?)

Proposal Amendment, Dec. 4, 2017

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

Ohio

Image result for ohio state seal

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

Approval, March 15, 2019
CMS correspondence with Ohio, February 12, 2021
02/12/2021 CMS Letter to State (PDF, 38.9 KB)
02/12/2021 CMS Letter to State about Demonstration (PDF, 313.29 KB)
Ohio letter to CMS, March 11, 2021
Oklahoma
Seal of Oklahoma - Wikipedia
Community Engagement amendment, December 7, 2018
Partial approval, November 1, 2019
Application, March 2020, [submitted April, 2020?]
Text of Oklahoma Measure 802, passed June 30, 2020
Letter withdrawing 1115 waiver request, August 11, 2020
02/12/2021 CMS Letter to State (PDF, 37.24 KB)
South Carolina
South Carolina state seal
Community Engagement, May 8, 2019
Completeness letter, May 23, 2019
Approvals, December 12, 2019
CMS correspondence with South Carolina, February 12, 2021
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 Carolina letter to CMS, March 11, 2021

South Dakota

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

Preliminary completeness letter, August 27, 2018

Utah

Image result for utah state seal

Proposed amendment, Aug. 15, 2017

Amendment, June 22, 2018
Approval, March 29, 2019
Proposed amendment, July 31, 2019
Completeness letter, August 15, 2019
Response re per capita cap, August 16, 2019
CMS correspondence with Utah, February 12, 2021
02/12/2021 CMS Letter to State (PDF, 38.59 KB)
02/12/2021 CMS Letter to State about Demonstration (PDF, 312.92 KB)
Utah letter to CMS, March 12, 2021
Virginia
Withdrawal of work requirements, July 1, 2020

Wisconsin

Image result for wisconsin state seal

Proposed amendment, June 7, 2017

Approval, October 31, 2018
Delay of work requirement, January 30, 2020
Suspension of work requirement during pandemic?, April 13, 2020
Sample letter
Act 185, sec. 105(c)
Section 105 .Nonstatutory provisions.
(1) Enhanced federal medical assistance percentage. If the federal government provides an enhanced federal medical assistance percentage during an emergency period declared in response to the novel coronavirus pandemic, the department of health services may do any of the following during the period to which the enhanced federal medical assistance percentage applies in order to satisfy criteria to qualify for the enhanced federal medical assistance percentage:
(a) Suspend the requirement to comply with the premium requirements under s. 49.45 (23b) (b) 2. and (c).
(b) Suspend the requirement to comply with the health risk assessment requirement under s. 49.45 (23b) (b) 3.
(c) Delay implementation of the community engagement requirement under s. 49.45 (23b) (b) 1. until the date that is 30 days after either the day the federal government has approved the community engagement implementation plan or the last day of the calendar quarter in which the last day of the emergency period under 42 USC 1320b-5 (g) (1) that is declared due to the novel coronavirus pandemic occurs, whichever is later.
(d) Notwithstanding any requirement under subch. IV of ch. 49 to disenroll an individual to the contrary, maintain continuous enrollment in compliance with section 6008 (b) (3) of the federal Families First Coronavirus Response Act, P.L. 116-127.
healthinsurance.org update, October 9, 2020
CMS correspondence with Wisconsin, February 12, 2021
02/12/2021 CMS Letter to State (PDF, 38.66 KB)
02/12/2021 CMS Letter to State about Demonstration (PDF, 313.18 KB)
CMS letter to Wisconsin, April 6, 2021

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
SNAP waiver litigation
DC/Bread for the City v. Perdue, No. 1:20-cv-119 (D. D.C.)
Memorandum opinion on preliminary injunction, March 13, 2020