The National Health Law Program, the Kentucky Equal Justice Center and the Southern Poverty Law Center filed a federal lawsuit in January against Kentucky HEALTH, Mr. Bevin’s work requirement legislation, on behalf of 16 Kentucky residents who receive Medicaid benefits. They allege that the work requirements and other changes approved by HHS violate federal law that deems Medicaid a joint health plan between the federal and state government.
Mr. Bevin’s countersuit argues that because the plaintiffs filed their lawsuit in Washington D.C., it would be heard by out-of-state interests. Instead, Mr. Bevin claims it should be considered by Kentucky courts.
“We believe that Kentucky HEALTH has the potential to positively affect the lives of many Kentuckians, and we cannot sit idly by while the commonwealth’s plan is debated in an out-of-state courtroom,” said Steve Pitt, Mr. Bevin’s general counsel. “A Kentucky court, with the full participation of the commonwealth, should decide this vital issue. We have complete confidence that Kentucky HEALTH will be upheld and will serve as a successful national model.”
Mr. Bevin previously signed an executive order that would roll back coverage for the 480,000 residents who gained coverage under Medicaid expansion if his work requirements are struck down in a court.
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