On July 29, 2019, U.S. District Court Judge James E. Boasberg, D.C., held that work requirements intended to go into effect in New Hampshire could not be implemented because of a failure to adequately consider the effect on Medicaid coverage. Judge Boasberg previously blocked work requirements scheduled in Kentucky and Arkansas. Those cases were Gresham v. Azar, No. 18-1900 (JEB) (D.D.C. Mar. 27, 2019) and Stewart v. Azar, No. 18-152 (JEB) (D.D.C. Mar. 27, 2019). 

On Monday, May 13, 2019, Governor Larry Hogan (R) signed a bill into law, which will automatically assist individuals to become enrolled in the state’s Medicaid program. The new law will permit a taxpayer to check a box on the state tax return which will cause the state’s health care exchange to determine if the person qualifies for Medicaid, based on the information in the tax return.

The much-awaited guidance from the Centers for Medicare and Medicaid Services (CMS) on Heightened Scrutiny was issued on March 22, 2019 (SMD#19-001). In the form of FAQs, the guidance “is designed to ensure that implementation decisions balance the need for robust stakeholder engagement with administrative feasibility.”

On Tuesday, March 12, 2019, a three-judge panel of the Arizona Appeals Court held that Arizona statutes that allowed hospitals to impose liens on Arizona Medicaid recipients who suffered accidents in order to recover the difference between the Medicaid payments and the hospitals’ costs violated Federal law. 

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