BREAKING: Supreme Court Cancels Arguments On Medicaid Work Requirements

On March 11, the Supreme Court removed the dispute over Medicaid work requirements, which was previously scheduled for March 29, from its argument calendar. It is worth noting that the Court did not issue a ruling with its cancellation notification.

Recall how the High Court granted certiorari to Azar v. Gresham and Arkansas v. Gresham on December 4, 2020. The consolidated case, Cochran v. Gresham, challenges HHS' authority to approve incorporation of employment, job-seeking, and community-engagement requirements as a condition for Medicaid coverage in Arkansas and New Hampshire under a novel §1115 waiver granted to both states by the prior Administration. On January 19, 2021, former HHS Secretary Alex Azar filed a Supreme Court brief supporting work requirements. Shortly thereafter, on February 12, acting CMS Administrator Elizabeth Richter sent letters to Medicaid Directors in states that received "community engagement" 1115 waiver approvals from former CMS