Sebelius Clears the Way for Arizona to Shed Adults From Medicaid

Published: February 16, 2011 - New York Times

The Obama administration gave a green light on Tuesday to Arizonafs plan to remove about 250,000 adults from its Medicaid rolls, instructing the state that it could circumvent a requirement in the new health care law that prohibits reductions in eligibility.

In a letter to Gov. Jan Brewer, the secretary of health and human services, Kathleen Sebelius, wrote that Arizonafs expansion of Medicaid to cover low-income childless adults had been enacted a decade ago with special permission from the federal government, known as a waiver. That waiver, Ms. Sebelius wrote, is time-limited and expires Sept. 30.

gNeither the Affordable Care Act nor Medicaid law or regulation prior to its enactment require a state to renew a demonstration beyond its expiration,h Ms. Sebelius wrote. gArizona may choose to terminate its current demonstration on September 30, 2011, and either not pursue a new demonstration or pursue a different demonstration.h

The secretary said explicitly that the removal of childless adults from the rolls would not constitute a violation of the health care lawfs eligibility requirements. The law calls for a major expansion of Medicaid eligibility in 2014, when all states must begin covering low-income adults.

A handful of states, including Arizona, have already been doing that, with the federal government agreeing to pay its usual matching share of the cost. Five other states currently cover childless adults on waivers that expire on a rolling basis over the next three years.

Arizonafs expansion, which was approved in a referendum in 2000, initially was financed with proceeds from cigarette taxes and a tobacco lawsuit, but that money became insufficient in 2004. The statefs general fund has been making up the difference ever since. Eliminating the coverage would save $541 million, closing nearly half of Arizonafs budget gap for the coming year.

Ms. Brewer proposed the cut, and the Legislature met in special session last month to approve the statefs request for a federal waiver of the health care actfs eligibility requirements. Other Republican governors have requested relief from the requirement.

Ms. Sebeliusfs letter essentially said that Arizona would not need a waiver, at least not to remove childless adults from the rolls.

Last year, Arizona made other significant cuts to its Medicaid program by eliminating coverage of a number of services not mandated by federal law, including some organ transplants.

A version of this article appeared in print on February 16, 2011, on page A17 of the New York edition.