NHeLP Comments on Wisconsin’s Request to Amend its Sec. 1115 Waiver Project

Executive Summary

In comments to the U.S. Department of of Health and Human Services, NHeLP urges the department to reject Wisconsin’s proposal to amend its Sec. 1115 “BadgerCare” demonstration project. The state’s amended application process is flawed in process and substance. On substance NHeLP warns HHS that Wisconsin’s request to condition Medicaid enrollment on work requirements and passing mandatory drug testing is illegal pursuant to Medicaid law. “Work requirements are an illegal condition of eligibility beyond the Medicaid eligibility criteria clearly enumerated in federal law,” NHeLP’s comments state.  NHeLP says Wisconsin’s request to require mandatory drug testing as a condition of Medicaid eligibility is an “unprecedented proposal,” that would interfere with the doctor-patient relationship, create barriers to and use of health care services

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