DREDF Amicus Brief in New Hampshire Medicaid Work Requirement Case

June 3, 2019
DREDF, with Justice in Aging and the National Academy of Elder Law Attorneys, filed an amicus brief supporting a challenge to HHS’ approval of New Hampshire’s 1115 Medicaid Waiver, which conditions Medicaid eligibility on meeting work requirements for many persons under 65, and eliminates retroactive Medicaid coverage. The challenge argues that waiver restrictions are unrelated to, and actually impede, the goals of the Medicaid program. Our amicus highlights the fact that many low income persons with chronic conditions and functional impairments may not meet the threshold of “disability” under federal benefits or other laws, but still rely on Medicaid to maintain their health and ability to be productive and care for their families. The threat to take Medicaid away is a disincentive to well-being and employment. New Hampshire is the third lawsuit against a state seeking to impose Medicaid work requirements. HHS has already appealed the district court decisions that vacated the 1115 waivers in Kentucky and Arkansas. DREDF did not file a brief in the Arkansas case, but you can read our analysis of Arkansas’ harsh waiver requirements and administrative burden.