Last week, a U.S. district judge ruled in Massachusetts v. Oz that the Centers for Medicare and Medicaid Services (CMS) exceeded its authority by narrowing the definition of medical frailty, which required individuals to prove the severity of their condition to qualify for an exemption from Medicaid work requirements. Individuals will qualify for an exemption if they fall into one of the five medical frailty categories. However, the court preserved other strict measures, such as a 12-month lookback limit on medical records and limits on self-attestation beginning in 2028.
While the ruling applies nationwide, the six-month grace period on enforcing medical frailty determinations and the shield from penalties apply only to the plaintiff states. State Rep. Gregory W. Porter (D-Indianapolis) urged Indiana Attorney General Todd Rokita to join the lawsuit. Rokita declined, so Indiana will not get a six-month grace period or be protected from federal penalties.
“This is the type of partisanship Hoosiers are tired of,” Porter said. “The AG had a chance to protect Hoosiers, but he refused to join a Democratic-led lawsuit. A mother battling cancer doesn’t care which party leads the lawsuit. Neither does a young man with chronic pain or a 60-year-old who can’t afford their prescriptions.
“Now 25 states and D.C. have additional time to get these massive changes right. Hoosiers don’t get that chance because of one man’s decision. He’s never been shy about joining multistate lawsuits when they fit his agenda. Rokita decided his party label matters more than sick Hoosiers.”