Explaining Stewart v. Azar: Implications of the Court’s Decision on Kentucky’s Medicaid Waiver
Federal law requires that expansion enrollees receive a benefit package with the ACA’s 10 essential health benefits, including prescription drugs. 42 U.S.C. §§ 1396a(k)(1); 1396u-7(b)(5); 18022(b)(1)(F); 42 C.F.R. § 440.347(a)(6).
Sec’y Adam Meier, Cabinet for Health & Family Servs., Kentucky HEALTH 1115 Medicaid Waiver Rollout Update, Interim Joint Comm. on Health & Welfare & Family Servs., Meeting 1, June 20, 2018, http://www.lrc.ky.gov/CommitteeMeetingDocuments/7/11398/June%2020%202018%20CHFS%201115%20Update.pdf.
In deciding whether to stay the decision, the court would consider the likelihood that HHS and Kentucky will ultimately prevail on the merits, the prospect of irreparable injury if relief is withheld, the possibility of harm to the plaintiffs if relief is granted, and the public interest. U.S. Court of Appeals for the DC Circuit, Circuit Rule 8(a)(1).