New Hampshire’s Work Requirements Struck Down


On Monday, July 29, U.S. District Court Judge James Boasberg struck down New Hampshire’s proposal to implement work requirements in the state’s Medicaid program, which had been approved by the Centers for Medicare & Medicaid Services (CMS) earlier this year. Pursuant to the state’s Sec. 1115 waiver, New Hampshire would have required Medicaid beneficiaries to fulfill 100 hours of work per month to maintain their Medicaid eligibility.

Several months ago, Boasberg issued rulings blocking Medicaid work requirements in Arkansas and Kentucky, both of which are currently pending before the U.S. Court of Appeals for the D.C. Circuit. In his New Hampshire decision, Boasberg said that like the other cases, CMS did not demonstrate how the work requirement advances Medicaid’s purpose of providing medical care, nor did it consider that the 100-hour monthly requirement might cause thousands of beneficiaries to lose coverage.

Boasberg rejected the Trump Administration’s request to delay his decision in the New Hampshire case, and the Trump Administration may appeal the decision.


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