Medicaid and Due Process during the COVID-19 Pandemic

Executive Summary

The federal government has used a variety of authorities to allow states flexibility in operating their Medicaid programs during the national and public health emergency trigged by the COVID-19 pandemic. Its primary tools are waivers and State Plan Amendments (SPAs) under section 1135, Section 1115 waivers, and Appendix K to 1915(c) waivers to relieve states from various obligations and grant them the ability to expand eligibility and service.  This issue brief describes potential consequences for due process rights from these authorities and the pandemic in general.  It also makes recommendations for monitoring developments in this area and protection of due process rights.