Medicaid Waivers, Administrative Authority, and the Shadow of Malingering

Authors

Nicole Huberfeld, Boston University School of Public Health; Boston University School of LawFollow

Document Type

Article

Publication Date

Fall 2021

ISSN

1073-1105

Publisher

Cambridge University Press

Language

en-US

Abstract

From 2018 through 2020, HHS approved state Medicaid demonstration waivers to impose new eligibility conditions such as work requirements, connecting current “personal responsibility” rhetoric and historical suspicion of malingering. The Biden administration reversed course but advocated to the Supreme Court for expansive administrative discretion. This approach supports health equity now but could enable reemergence of restrictive health policies down the road.

Comments

© 2021 The Author(s)

Recommended Citation

Nicole Huberfeld, Medicaid Waivers, Administrative Authority, and the Shadow of Malingering , in 49 Journal of Law, Medicine & Ethics 394 (2021).
Available at: https://scholarship.law.bu.edu/faculty_scholarship/3662