Medicaid Wars: Litigation Risk (Episode III)

It turns out that unwinding illegal Medicaid policies is complicated.  There’s this thing called “litigation risk”.  Executive Branch agencies have to make reasoned decisions and stay within their statutory guardrails; if they don’t the federal courts may rein them in.  As it happens, litigation risk goes both ways. The Unwinding began with the issuance of […]

Advancing Postpartum Coverage in Medicaid: Waiver or SPA?

The recently enacted American Rescue Plan Act has many new opportunities and important provisions that we are still absorbing and unpacking. One key change, as readers of SayAhh! know, is the new state option to provide 12 months of postpartum Medicaid and CHIP coverage to women after the end of their pregnancy, well beyond the […]

Medicaid Wars: Rescind and Withdraw (Episode II)

The Biden Administration has a long list of bad Medicaid policies to unwind.  As chronicled in Episode I, the groundwork for the unwinding was laid in a Presidential Executive Order, “Strengthening Medicaid and the Affordable Care Act,” issued on January 28. Among other things, the E.O. directs the Secretary of HHS to review section 1115 demonstrations and […]

Trump’s Farewell Gift to Florida’s Medicaid Program

A few days before departing, former CMS Administrator and Trump appointee Seema Verma handed out ten-year Medicaid demonstration waiver extensions for political allies, with Texas and Florida,[1] approvals being granted late Friday, January 15th. The Friday before (Jan. 8th) CMS had approved the infamous and dangerous Tennessee waiver, which my colleagues explained beautifully here. Ten […]