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  • Health Care advocates sue Gov. LePage to force compliance with Medicaid Expansion Law

    By Ramona du Houx

    Maine Equal Justice Partners, Consumers for Affordable Health Care, Maine Primary Care Association and Penobscot Community Health Care filed suit along with five individuals against the Maine Department of Health and Human Services to compel the agency to begin implementing Medicaid expansion as required by state law.

    The lawsuit lays out the facts about the Medicaid expansion law, which was overwhelmingly passed by voters in November 2017.

     “There are no excuses to deny health care to more than 70,000 Mainers,” said Kathy Phelps, a member of the leadership team for Mainers for Health Care, which advocated for Medicaid expansion at the ballot box. “Some of the individual plaintiffs wanted to be here today but could not because they are in poor health. They are home, waiting to see a doctor, waiting to be well. Lives are on the line. It’s time to respect the vote and implement the law.” 

    The law passed by voters last November required Maine DHHS to submit a plan for implementation to the federal government by April 3, 2018. Because that deadline passed, the plaintiffs say it is clear that DHHS commissioner Ricker Hamilton either failed or refused to take the steps necessary to extend affordable health care to Mainers who earn roughly 138 percent of the federal poverty level, or $16,753. 

    “The LePage administration is breaking the law,” said Jack Comart, an attorney with Maine Equal Justice Partners. “People have a right to coverage starting in July, and the Department of Health and Human Services cannot ignore the law. We are asking the court to order the department to simply follow the law and take immediate action to begin implementing Medicaid expansion.”

     Comart noted that the five individuals in the suit, “come from all over Maine, and they’re struggling to overcome poor health and disabilities. Some of them are working, others are caring for disabled children. They all will be eligible for Medicaid, according to Maine’s new law, on July 2.”

    “The governor’s inaction and the Department of Health and Human Services’ failure to follow the law will directly harm these families and thousands more in every part of Maine.” 

    • The Medicaid expansion law required Maine DHHS to submit a State Plan Amendment to the federal Centers for Medicare and Medicaid Services by April 3, 90 days after the Jan. 3 effective date.
    • The Medicaid Expansion Act sets no conditions for the submission of the State Plan Amendment.
    • The commissioner of DHHS has failed or refused to submit the State Plan Amendment as required by law.

    “Gov. Paul LePage has claimed that he could not submit a State Plan Amendment without funding from the Legislature,” said James Kilbreth, the lead attorney on the lawsuit and a partner at Drummond Woodsum. “Submitting a State Plan Amendment does not require funding from the Legislature. The administration has a responsibility and obligation to take the necessary steps to implement the law the voters passed.”

    The Legislature does not need to appropriate additional funds for Medicaid Expansion, at this time. There is enough funding already budgeted for the program until at least next May or June of 2019 – this is true whether you use the cost estimates from the administration, the non-partisan state fiscal office or a recent independent study factoring in the experience of the 31 other states that have already expanded. 

    Maine has a revenue surplus of $140.5 million to cover any necessary costs for administration and services through SFY 2019.

    Maine Equal Justice Partners is a civil legal aid organization that represents Maine people with low income in areas of economic security, including access to healthcare.