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Court Rejects New Hampshire Work Requirements

The United States District Court for the District of Columbia has invalidated a Section 1115 waiver in New Hampshire that included work requirements, halting their implementation and enforcement.

The court ruled that the work requirements are arbitrary and capricious and that the Secretary of Health and Human Services (HHS) failed to adequately consider the waiver’s effects on Medicaid coverage.

The court also stated that the waiver “suffers from the same deficiency” as work requirements in Arkansas and Kentucky, which now have been struck down twice.

HHS has appealed the court’s decision in the Arkansas and Kentucky case. It is unclear if New Hampshire will join that appeal.

Contact Senior Director of Policy Erin O’Malley at eomalley@essentialhospitals.org or 202.585.0127 with questions.

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About the Author

Rachel Schwartz is a policy associate at America's Essential Hospitals.

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