WE’RE SUING

Thirteen Medicaid beneficiaries, represented by the National Health Law Program, the Tennessee Justice Center (TJC), and King & Spalding LLP, filed a complaint today in the US District Court for the District of Columbia challenging the Department of Health and Human Services’ approval of the TennCare III project through the end of 2030. The approval caps the amount of federal funding available for Medicaid services and allows the State to restrict coverage of prescription drugs. It also permits the State to continue troublesome features of TennCare, including the elimination of 3-months’ retroactive coverage and the requirement that beneficiaries enroll in managed care plans—features that the State has been “testing” on low-income people since 1994.

The lawsuit was filed on behalf of TennCare enrollees with chronic, disabling conditions, a pediatrician practicing in a rural part of the State, and TJC. The Plaintiffs argue that in its haste to approve the project, the Trump administration did not provide the required public comment period, depriving them of the opportunity to voice their objections to the project. They also claim that HHS exceeded its authority and acted in an arbitrary and capricious manner when it authorized the project as a Section 1115 experimental waiver. The approval affects more than one and a half million Tennesseans. READ THE FULL STATEMENT.

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