The National Health Law Program (NHeLP) filed a lawsuit last week challenging the onerous work requirements approved for the Arkansas Medicaid program. They profiled the three Arkansas Medicaid enrollees the lawsuit was filed on behalf of, including Charles Gresham, who suffers from seizures, anxiety disorder and asthma. Mr. Gresham looks for work but has limited options because he does not have his own transportation and his seizure disorder makes it difficult for him to find an appropriate job. Prior to getting Medicaid coverage, he was not able to afford doctor visits and medications. If he loses his coverage, this is likely to happen once again, as the consequential demise in his health condition would affect his ability to work.

NHeLP won a lawsuit against Medicaid work requirements in Kentucky back in June, requiring the Administration to re-evaluate the waiver proposing work requirements. The Administration recently opened an additional and brief comment period on the Kentucky work requirements. Department of Health & Human Services Secretary Alex Azar said, “We are fully committed to work requirements and community participation requirements in the Medicaid program.” Can’t stop, won’t stop? (Please stop!)

States to watch with pending work requirement waivers include Arizona, Michigan, and Ohio. New Hampshire’s waiver was approved in May with work requirements targeted for January 2019, but a shift in legislative control could upend the work requirements. (Fun fact – New Hampshire has the fourth largest legislative body in the world, and the largest state legislative body, with 400 Representatives and 24 Senators(!).) Don’t panic if you live in Washington State: our Democratic leadership has no intention of implementing work requirements for Medicaid or any other public assistance program! In a recent letter to the White House, Governor Jay Inslee responded to the President’s Executive Order about reducing poverty by considering work requirements for public assistance programs, stating “…it takes more than just a job to escape poverty and achieve long-term economic stability.”