Medicaid: Federal Court Strikes Down Medicaid Work Requirements

On March 27, a judge in the Federal District Court for the District of Columbia issued two rulings striking down Medicaid work requirements in Arkansas and Kentucky. The opinions direct the Department of Health and Human Services (HHS) to reconsider the states’ waiver applications with consideration given to possible loss of coverage. The same judge invalidated Kentucky’s waiver last year, and HHS re-approved it without changes after another notice and comment period. Arkansas’s waiver had already gone into effect, and 16,000 had already lost coverage as a result. Read The Arc’s statement on the rulings.

Medicaid/LTSS: MFP Reauthorization Reintroduced in Senate and House

On February 25, Senators Rob Portman (R-OH) and Maria Cantwell (D-WA) and Representatives Brett Guthrie (R-KY) and Debbie Dingell (D-MI) introduced the EMPOWER Care Act (S.548, H.R.1342), which extends the Money Follows the Person Program (MFP) through 2023. The MFP program has helped more than 88,000 seniors and individuals with disabilities move out of nursing homes and institutions. Independent evaluations have proven that MFP improves the quality of life for individuals and has reduced Medicaid and Medicare expenditures by approximately 23%. The Arc strongly supports reauthorization of MFP. See the action alert.

Medicaid/LTSS: Short-Term MFP Extension Signed Into Law

On January 24, 2019, the President signed into law H.R. 259, the “Medicaid Extenders Act of 2019,” which extends the Money Follows the Person (MFP) program. The measure provides 3 months of funding for the MFP program, which states have until September 30, 2019 to spend. MFP has helped more than 88,000 seniors and individuals with disabilities move out of nursing homes and institutions. Independent evaluations have proven that MFP improves the quality of life for individuals and has reduced Medicaid and Medicare expenditures by approximately 23%. The Arc strongly supports reauthorization of MFP. Additionally, the bill extends Medicaid’s spousal impoverishment protections for home and community-based services beneficiaries until March 31. The spousal impoverishment protection allows the spouse of a Medicaid long term services and supports (LTSS) beneficiary to maintain a modest amount of income and resources for food, rent, and medication. The Arc would like to thank advocates who contacted their Members of Congress on this important issue.

Medicaid/LTSS: Senate Approves MFP Extension

On January 17, the Senate approved H.R.259, which extends the Money Follows the Person (MFP) Program until September 30. The MFP program has helped more than 88,000 seniors and individuals with disabilities move out of nursing homes and institutions. Independent evaluations have proven that MFP improves the quality of life for individuals and has reduced Medicaid and Medicare expenditures by approximately 23%. The Arc strongly supports reauthorization of MFP. Additionally, the bill extends Medicaid’s spousal impoverishment protections for home and community-based services beneficiaries until March 31. The spousal impoverishment protection allows the spouse of a Medicaid long term services and supports (LTSS) beneficiary to maintain a modest amount of income and resources for food, rent, and medication. The bill now awaits President Trump’s signature. The Arc would like to thank advocates who contacted their Members of Congress on this important issue.

Medicaid/LTSS: House Approves MFP Extension

On January 8, the House of Representatives approved H.R.259, which extends the Money Follows the Person (MFP) Program until September 30. The MFP program has helped more than 88,000 seniors and individuals with disabilities move out of nursing homes and institutions. Independent evaluations have proven that MFP improves the quality of life for individuals and has reduced Medicaid and Medicare expenditures by approximately 23%. The Arc strongly supports reauthorization of MFP. Additionally, the bill extends Medicaid’s spousal impoverishment protection for home and community-based services beneficiaries until March 31. The spousal impoverishment protection allows the spouse of a Medicaid long term services and supports (LTSS) beneficiary to maintain a modest amount of income and resources for food, rent, and medication. The bill must now receive Senate approval. Contact your Senators using our action alert.

Medicaid/LTSS – House Committee Holds Hearing Addressing MFP; Advocates Hold Briefing

On September 5, the House Energy and Commerce Committee held a hearing on several bipartisan health initiatives, including reauthorization of the Money Follows the Person (MFP) Demonstration Program. Witnesses testifying on MFP were Curtis Cunningham, Vice President, National Association of States United for Aging and Disabilities; and Matt Salo, Executive Director, National Association of Medicaid Directors. Visit the Committee web site for more information or to view archived video of the hearing.

On September 6, The Arc and other advocacy organizations held a briefing for Congressional staff on reauthorization of MFP. Nicole Jorwic, Director of Rights Policy at The Arc was the moderator of the briefing. Speakers were John McCarthy, Founding Partner at Speire Healthcare Strategies, Former Medicaid Director in Ohio and DC; Margaret Gartlgruber, Vice President at RHA Health Services; Mike Oxford, Executive Director for Policy, Topeka Independent Living Resource Center; and Tyree Brown, a person who transitioned back home in Maryland. MFP provides grants to states to transition people from institutions to community based settings. According to a report from the U.S. Department of Health and Human Services, this program has helped over 63,000 people transition into the community and saved Medicare and Medicaid almost $1 billion as of 2013. The Arc strongly supports reauthorization of MFP.

Medicaid/LTSS – House Committee to Hold Hearing Addressing MFP; Advocates to Hold Briefing

On September 5, the House Energy and Commerce Committee will hold a hearing on several bipartisan initiatives, including reauthorization of the Money Follows the Person (MFP) Demonstration Program. On September 6, The Arc and other advocacy organizations will hold a briefing for Congressional staff on reauthorization of MFP. MFP provides grants to states to transition people from institutions to community-based settings. According to a report from the U.S. Department of Health and Human Services, this program has helped over 63,000 people transition into the community and saved Medicare and Medicaid almost $1 billion as of 2013. The Arc strongly supports reauthorization of MFP.

Medicaid/Rights – Senate Passes Delay of EVV Requirement

On July 17, the Senate approved H.R.6042 without amendment by unanimous consent. This bill delays by one year electronic visit verification (EVV) requirements for tracking when personal care services are provided to people with disabilities. The bill also expresses the sense of Congress that the Centers for Medicare and Medicaid Services (CMS) should hold at least one public meeting and solicit ongoing stakeholder input on its recently-issued guidance. The House of Representatives passed this bill last month. The bill now awaits President Trump’s signature. The Arc applauds passage of this bill which gives advocates more time to work with CMS and state Medicaid agencies to ensure EVV is implemented in a way that doesn’t place an undue burden on providers and protects the privacy of beneficiaries.

Medicaid/Rights – Senate Vote Expected This Week on Delay of EVV

The Senate is expected to vote as early as today on a bill to delay by one year Electronic Visit Verification (EVV) requirements for tracking when personal care services are provided to people with disabilities. The bill also expresses the sense of Congress that the Centers for Medicare and Medicaid Services should hold at least one public meeting and solicit ongoing stakeholder input on its recently-issued guidance. The House of Representatives passed its version of the bill (H.R.6042) by voice vote last month. Learn more about this bill here. The Arc urges advocates to contact their Senators as soon as possible.

Medicaid – Judge Blocks KY Medicaid Waiver Request

On June 29, a federal judge ruled that Kentucky’s proposed waiver, which included work requirements, monthly premiums, lockouts for non-payment, limits on retroactive eligibility and non-emergency medical transportation, and penalties for non-emergency use of emergency rooms was arbitrary and capricious. The judge ruled that the waiver was invalid because the Department of Health and Human Services did not take into account the primary objective of the Medicaid statute: “to furnish medical assistance.” However, the ruling did leave open the possibility that a waiver including work requirements might pass legal muster if its impact is more carefully considered. The Arc is very concerned about potential barriers to health care created by work requirements and other policies.