Arkansas Gov. Asa Hutchinson is asking the Trump administration to appeal a federal judge’s decision to strike down the state’s Medicaid work requirements.
“I remain fully committed to the work requirement and we are in this for the long haul because we believe it is the right policy,” Hutchinson, a Republican, said in a press conference Thursday.
Judge James Boasberg of the U.S. District Court for the District of Columbia, an appointee of former President Barack Obama, ruled Wednesday that the state program mandating people in Arkansas work, volunteer, or take classes for 80 hours a month went against Medicaid’s goals to extend healthcare coverage. He struck down a similar program in Kentucky, where the work rules haven’t yet gone into effect.
Hutchinson said that he thought the judge’s ruling was wrong, and that he had just gotten off the phone with members of the Trump administration, who remained committed to the program.
“I was very encouraged that they want to take an aggressive approach on it,” he said. “I can’t say what they will do, but I urge them from Arkansas standpoint to seek an expedition of the appeal.”
The Department of Health and Human Services confirmed that the phone call took place with Deputy Secretary Eric Hargan and other officials. Caitlin Oakley, HHS spokeswoman, said that no appeals decisions had been made yet and referred the Washington Examiner to the Department of Justice, which will make the decision.
DOJ declined to comment. Seema Verma, administrator for the Centers for Medicare and Medicaid Services, said in a statement that her agency “will continue to defend our efforts to give states greater flexibility to help low income Americans rise out of poverty.”
If DOJ does appeal, the case is likely to go before the U.S. Court of Appeals for the District of Columbia, and then may go to the Supreme Court.
For now, the requirement to report work in Arkansas is no longer in effect, Hutchinson said. In all, 6,472 people had not reported their hours in January and February, meaning that they were one more month of noncompliance away from losing coverage. Under the rules, reporting has to be done every month and people are kicked off for the rest of the year if they don’t report for three months.
Last year when Arkansas started its work rule, 18,000 people lost Medicaid coverage. Fewer than 2,000 people re-enrolled in the program. It’s not clear the extent to which people gained jobs or remained uninsured.
The administration has approved rules in nine states, thought one was withdrawn from the new Democratic governor in Maine, and other states have lined up to set up similar programs.
The Trump administration approved the rules because it opposes the Obamacare expansion of Medicaid for non-disabled people.
Officials from the administration have said that coverage should not extend to adults capable of work and instead should be limited to the most vulnerable groups, such as people with disabilities, children, and older adults who need specialized care.
