News & Perspectives

U.S. District Court judge blocks NH Medicaid work requirements

9. August 2019 Sam Fish Health

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). 

In all three cases, the U.S. Department of Health and Human Services (DHHS) had approved 1115 waivers to permit the work requirements.

The New Hampshire case is Philbrook v. Azar, No. 19-773 (JEB) (D.D.C. July 29, 2019). 

The Federal government has appealed the Kentucky and Arkansas cases to the Federal Court of Appeals for the D.C. Circuit.