Sarah Somers

Medicaid access has long been identified as a weakness of the Medicaid and Children’s Health Insurance programs. A number of new regulations released by the federal Centers for Medicare & Medicaid Services aim to improve access to care. The rules make changes to both fee-for-service and managed care systems, with additional provisions to advance health equity and improve home and community-based services.

The federal COVID-19 Public Health Emergency (PHE) implemented changes that enabled people to stay on Medicaid. Most significantly, in 2020, Congress enacted the Families First Coronavirus Response Act (FFCRA), which required states to keep people continuously enrolled in Medicaid through the end of the month in which the PHE ended. This fact sheet outlines how the unwinding of the continuous coverage period has a high risk of discriminatory impact on certain populations which are often the same ones facing significant harm from coverage loss.

The end of the COVID-19 public health emergency (PHE) will create additional risks for people with disabilities. During the pandemic, under the authority granted by the declaration of the PHE, federal agencies took several steps to allow state Medicaid agencies to maintain health care coverage and Medicaid-funded home and community-based services for people with disabilities.  Federal agencies also granted state Medicaid agencies a range of flexibilities, including changes to Medicaid enrollment and assessments, intended to facilitate enrollment in Medicaid and the maintenance of coverage while reducing COVID-19 exposure risks.  

Medicaid covers an expansive and powerful benefit for children – Early and Periodic Screening, Diagnostic, and Treatment Services (EPSDT). EPSDT requires states to perform outreach and screening, and to cover all necessary medical, vision, hearing, and dental services when children need them.

The COVID 19 Public Health Emergency (PHE) has been in effect since January 28, 2020. The original declaration lasted 90 days and has been extended repeatedly – but it won’t last forever. And the end of the PHE is going to cause serious upheaval in state Medicaid programs. The federal Centers for Medicare and Medicaid Services has been issuing guidance and toolkits to help states as they return to pre-pandemic enrollment and operations.

Despite repeated attacks by opponents in the past 10 years, the ACA has not only survived – it has thrived. Because of the law, millions of people gained insurance coverage for the first time. Millions more have increased security when insured, benefitting from prohibitions on discrimination by insurers and protections for people with preexisting conditions. In this commentary, Sarah Somers, J.D., M.P.H., managing attorney at the Network’s Southeastern Region Office, reflects on a decade of significant events and greatest successes in the ACA’s history, and provides a preview of things to come.

Join the Network for an engaging real-time assessment and discussion of potential and projected legal and policy changes ahead on these and other core public health topics. Share your potential questions in advance during registration or during the live session.

The COVID-19 pandemic has created the challenge for states to provide safe conditions for individuals to vote in the upcoming Presidential election. In two southwestern states, public health executive orders (New Mexico) and legal challenges (Arizona) have been seen ahead of the upcoming election related to voting conditions and voter registrations.

A lawsuit arguing for repeal of the Affordable Care Act (ACA) is making its way to the Supreme Court. One of the lesser-known provisions of the ACA enacted the Indian Health Care Improvement Act (IHCIA) which provides key health care provisions intended to benefit Native populations. The loss of the IHCIA would significantly set back efforts to address health disparities.

What would happen to the health of millions of Americans if the Affordable Care Act were to go away? How would some of the most vulnerable populations and those on Medicaid be affected? In this webinar, experts on the ACA will consider the upcoming 5th U.S. Circuit Court of Appeals’ decision on the constitutionality of the ACA and the impacts were it to be repealed.

Recent reports from news media assert the federal Centers for Medicare and Medicaid Services (CMS) is working on plans to radically change the way that state Medicaid programs are funded – without the requisite changes in the law. If CMS goes ahead with this plan, it would give states permission to strictly limit spending on their Medicaid programs, which has the potential to negatively impact public health in significant ways.

A federal district court judge in Texas recently struck down the Affordable Care Act's individual mandate as unconstitutional and found that the rest of the Act was not severable and struck it down, too. Our overview of the decision and what’s to come.