Skip Navigation

Opinion Memorandum: Arkansas Medicaid Wavier for Work Requirements

March 27, 2019
By U.S. District Judge James E. Boasberg

U.S. District Court Decision in Gresham v. Azar

Judge Boasberg ruled against the Arkansas waiver in 2018, after which CMS revised and approved the project. However, CMS did not answer his previous objections, Boasberg stated in his March 27, 2019 opinion in Gresham v Azar.

Boasberg notes that the waiver still did not address “coverage considerations,” for individuals who were booted out the Medicaid program for failing to meet work requirements, and “[g]iven a second failure to adequately consider one of Medicaid’s central objectives, the Court has some question about HHS’s ability to cure the defects in the approval.”