Now isn’t this typical? While everyone was busy watching President Trump nominate the newest Supreme Court Justice to replace the retiring Justice Kennedy another judge has taken it upon himself to legislate from the bench.
An Obama appointed federal judge ruled late last week that the Trump administration acted in an “arbitrary and capricious” fashion when the administration bowed to the majority and allowed the state of Kentucky to become the first state in the nation to require that low-income people receiving government benefits work or volunteer in their communities in order to qualify for Medicaid.
The ruling by U.S. District Judge James E. Boasberg effectively vacates that approval and sends the state’s program, Kentucky HEALTH, back to the federal Department of Health and Human Services for further review. Boasberg went on to state that the top HHS officials never actually adequately considered whether the program would, in fact, help the state furnish medical assistance to its citizens. Which is the central objective of Medicaid. That “signal omission” renders the decision “arbitrary and capricious,” he concluded.
Chicks On The Right reported:
“Over the last month or so, people have been wondering who Trump would appoint to replace Justice Kennedy on the Supreme Court.
Obviously, that’s an incredibly important news story to follow and it’s nice to know that Trump ultimately picked a solid conservative in Brett Kavanaugh.
However, there’s still a lot of other stuff going on that Americans should be paying attention to.
For example, an Obama appointed judge recently ruled against work requirements for welfare programs.
Here’s more on that.
From Washington Post:
A federal judge ruled Friday afternoon that the Trump administration acted in an “arbitrary and capricious” manner when it allowed Kentucky to become the first state in the nation to require that low-income people work or otherwise engage in their communities to qualify for Medicaid.
The decision by U.S. District Judge James E. Boasberg vacates that approval and sends the state’s program, Kentucky HEALTH, back to the federal Department of Health and Human Services for further review.
Boasberg said that top HHS officials “never adequately considered whether [the program] would in fact help the state furnish medical assistance to its citizens, a central objective of Medicaid.” That “signal omission” renders the decision “arbitrary and capricious,” he concluded.
Luckily, Kentucky still has a chance to push forward.
Here is more via Modern Healthcare:
“At least two states will push ahead with their programs to impose work requirements on their Medicaid populations despite a federal judge invalidating the CMS’ approval of Kentucky’s far-reaching waiver last month.
U.S. District Judge James Boasberg in Washington, D.C., held that HHS Secretary Alex Azar did not adequately evaluate whether Kentucky’s requirement that expansion enrollees log 80 hours a month of work or community engagement to keep their coverage is consistent with the objective of the Medicaid statute, which he said is to furnish coverage. He left the door open for HHS and the CMS to come back with a more carefully developed model.
The decision could set back the Trump administration’s timetable for transforming Medicaid into a program whose purpose is to improve people’s health and well-being through work and prepare them to switch to private insurance. It also could slow Medicaid expansion in Republican-led states that favor work requirements.
“The same judicial analysis would apply to other states in how the HHS secretary evaluated the Kentucky waiver,” said MaryBeth Musumeci, a Medicaid policy analyst at the Kaiser Family Foundation. “If they are cautious, states might want to pause and see how Kentucky shakes out to avoid getting bogged down in litigation.”
Because of the ruling, GOP Kentucky Gov. Matt Bevin says the state will cut dental and vision coverage for nearly a half-million Kentuckians covered by Medicaid.
The CMS has approved work requirement waivers for Arkansas, Indiana and New Hampshire in addition to Kentucky. At least nine more states that have applied for waivers or plan to apply have to decide whether to proceed or wait to see what happens in the Kentucky case.
Arkansas and Indiana officials indicated they are pushing ahead, saying the ruling has no immediate impact on their Section 1115 waiver programs. New Hampshire officials did not respond to requests for comment.”
It seems leftist judges actually take issue with the fact that there is no reason why poor people shouldn’t have to at least volunteer their time to a worthy cause in order to get their “Free Stuff.” Why do we taxpayers have to work our behinds off day in and day out so people who are poor can get things we have to pay dearly for, for free, and they aren’t even expected to contribute in any way to society?
This ruling just makes no sense whatsoever, but then again, neither did the fact that the American people voted for Barack Hussein Obama, not once but twice. Now we will be suffering the repercussions for decades to come.