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人兽性交 sues Trump administration again over second approval of Kentucky Medicaid waiver scheme

The 人兽性交 this week sued the Trump administration again for approving Kentucky鈥檚 Medicaid waiver plan a second time.

Once again, the 人兽性交 brought this challenge in collaboration with the聽聽(NHELP) and the聽聽(KEJC). The law firm聽聽is representing NHELP in the lawsuit.

Kentucky鈥檚 waiver plan, called 鈥淜entucky HEALTH,鈥 was initially set to take effect on July 1, 2018. But the 人兽性交 and its partners filed their first class action lawsuit,聽Stewart v. Azar,聽in June 2018, challenging the administration鈥檚 approval of sweeping changes to Medicaid law that would endanger the health care of tens of thousands of low-income individuals and families in the state.

A federal judge blocked the U.S. Department of Health and Human Services鈥 (HHS鈥) initial approval of the plan in June 2018, stating that the government acted in an 鈥渁rbitrary and capricious" manner in approving it. The court found that HHS failed to adequately consider whether it would help Kentucky provide Medicaid coverage to its low-income residents.

U.S. District Judge James E. Boasberg sent the plan back to HHS to reconsider it in accordance with the Medicaid Act.

However, in November 2018, federal health officials announced that they had approved Kentucky鈥檚 Medicaid work requirements again, despite evidence that the plan will lead to thousands of hard-working Kentuckians losing access to vital health care coverage.

The 人兽性交 and its partners filed an amended complaint yesterday in the same court, on behalf of more than a dozen Kentucky Medicaid recipients who stand to lose their benefits. They seek to have this new approval also declared to be 鈥渁rbitrary and capricious.鈥

聽鈥淭he Trump administration鈥檚 desire to explode Medicaid and transform it into a work program seems to have no limits,鈥 人兽性交 Deputy Legal Director Samuel Brooke said. 鈥淎fter being declared arbitrary and capricious last year, the administration has now issued a virtually identical re-approval letter; it should face a similar fate and be declared illegal.鈥

A lawsuit is also pending over Arkansas鈥 approval of that state鈥檚 Medicaid work requirements, which have seen at least 17,000 people losing Medicaid health coverage there.聽聽

鈥淯nfortunately, the experience in Arkansas has shown us that we are right to fear that this added red tape will result in people going without care.聽This is why we are seeking to block the Kentucky approval before it kicks some 95,000 Kentuckians off of the program,鈥 Brooke said.

鈥淢edicaid was intended to provide health coverage and care to the most vulnerable populations,鈥 he said. 鈥淭he approval of Kentucky鈥檚 work requirement is HHS鈥 attempt to re-write the Medicaid Act and abuse the administration鈥檚 authority under the Constitution. We will not be deterred. We will continue to defend the rights of individuals to access care through Kentucky鈥檚 Medicaid program.鈥

For the Kentucky plaintiffs鈥 individual stories, see the聽amended complaint.

Photo by Alamy Stock Photo