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Judge dismisses Bevin’s lawsuit seeking to uphold Medicaid waiver plan

Gov. Matt Bevin’s attempt to uphold the legality of his Medicaid 1115 waiver faced another setback in federal court on Monday, but this time in the Eastern District of Kentucky, as U.S. District Judge Gregory Van Tatenhove dismissed the governor’s lawsuit filed in February seeking a declaration that his administration’s Kentucky HEALTH plan is constitutional.

Judge Van Tatenhove ruled in his dismissal that Bevin lacked standing in his lawsuit against 15 Medicaid recipients, who in January had filed a lawsuit in a D.C. federal court to block the Trump administration’s approval of the governor’s Medicaid waiver plan seeking to institute premium payments and work requirements for most “able-bodied” adult recipients.

While those 15 plaintiffs were successful in convincing a federal judge in June to at least temporarily block the approval and implementation of the Bevin administration’s Kentucky Health plan, Judge Van Tatenhove ruled Monday that Bevin and the state had not suffered any cognizable injury or harm due to those Medicaid recipients filing a lawsuit, which required a dismissal of the case.

The Centers for Medicare and Medicaid Services is now reevaluating the Bevin administration’s Medicaid waiver, receiving thousands of public comments about the plan. Bevin has stated that if his waiver plan is conclusively blocked within the courts, he will move to end Medicaid expansion in Kentucky — which now covers over 400,000 people — arguing that the state could no longer afford to cover those individuals.

The decision of Judge Van Tatenhove — who is regarded as a conservative judge — can be read below:

Van Tatenhove dismissal of Bevin lawsuit by Insider Louisville on Scribd

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