Final Motions in Philbrick v. Azar (New Hampshire Section 1115 Medicaid Waiver Project)

Executive Summary

“In short, coverage remains the fundamental objective of the Medicaid Act. Nothing about the statute’s text, structure, or interpretation in case law sanctions projects that put fiscal considerations in conflict with coverage,” the National Health Law Program’s reply and response motion in Philbrick v. Azar states. Throughout the 45-page motion, the National Health Law Program details how U.S. Department of Health and Human Services Secretary Alex M. Azar failed to consider the impact of New Hampshire’s Section 1115 Medicaid waiver project on beneficiaries. Moreover the attorneys argue that Sec. Azar had no authority to approve New Hampshire’s Medicaid waiver project.

The plaintiffs in Philbrick are represented by New Hampshire Legal Assistance, the National Health Law Program, and attorneys with the National Center for Law and Economic Justic

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