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Empire Justice Comments to CMS on Medicaid, Children’s Health Insurance Programs, and Exchanges

February 20, 2013

 

Empire Justice is very appreciative of eligibility streamlining and coordination between Medicaid fair hearings and state-based Exchange appeals entities as proposed by CMS.  In states like New York that envision integration of Medicaid and Exchange eligibility appeals, it will be important to ensure that the format and procedural rights afforded Exchange appellants do not compromise the due process rights afforded Medicaid recipients who are currently using the state’s fair hearing process as configured to conform with Goldberg v. Kelly, 397 U.S. 254, 264 (1970). 

We offer the following commentary to support and to strengthen the proposed regulations.  We are greatly indebted to the National Health Law Program (NHeLP) for their analysis and model comments, most of which are reflected here. 
Our comments are divided into sections as follows:

  • Part 430 – Grants to States for Medical Assistance Programs   
  • Part 431 – State Organization and General Administration
  • Part 435 – Eligibility in the States, D.C., Northern Mariana Islands and American Samoa
  • Part 440 –Services: General Provisions
  • Part 447 – Payments for Services
  • Part 457 – Allotments and Grants to States
  • Part 155 – Exchange Establishment Standards & Other Related Standards
  • Collection of Information Requirements

Click here to view our comments. 

Please note this is a 63 page pdf document and may take a moment to download onto your computer.  Also, please consider the environment before printing it out.  Thank you.