Trump Backs Off Obamacare Replacement After Top GOP Leader Nixes The Idea

President Trump says Republicans will pass “a great health care package” after the 2020 election.
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Evan Vucci/AP
President Trump, bowing to political reality, says he is putting off his thoughts of finding a replacement for the Affordable Care Act until after the 2020 election.
In remarks to reporters Tuesday, Trump said, “I wanted to put it after the election because we don’t have the House.” But it became clear that he didn’t have support for a replacement to Obamacare in the GOP-led Senate, either.
Senate Majority Leader Mitch McConnell, R-Ky., said he “made it clear to [Trump] that we were not going to be doing that in the Senate.” Asked whether there were differences between him and Trump on the issue, McConnell replied succinctly, “Not any longer.”
McConnell recounted that he had a “good conversation” with the president on Monday and pointed out “the Senate Republicans’ view” that working on comprehensive health care legislation with a Democratic House was not something his party planned to do.
Trump surprised Republicans last week when he said he was going to make the GOP “the party of health care” and would revisit the issue that has frustrated Republicans and helped deliver the House to Democrats in the 2018 midterm election.
Even with GOP control of both chambers of Congress prior to that, Republicans were unable to agree on a plan to replace the ACA — something McConnell noted on Tuesday.
Senate Minority Leader Chuck Schumer, D-N.Y., said Trump’s reversal means he will “hold Americans hostage through 2020” on an issue that affects millions of people. Schumer said Trump “insists he has a magic plan that we can see if only the American people re-elect him.”
The administration continues to push for a court ruling that would invalidate the entire ACA, and it’s unclear what would happen if the courts were to rule in the president’s favor. Democrats have introduced a nonbinding resolution in the House that would tell the administration to drop its challenge to the law.
Hospitals Look To Nursing Homes To Help Stop Drug-Resistant Infections

A certified nursing assistant wipes Neva Shinkle’s face with chlorhexidine, an antimicrobial wash. Shinkle is a patient at Coventry Court Health Center, a nursing home in Anaheim, Calif., that is part of a multi-center research project aimed at stopping the spread of MRSA and CRE — two types of bacteria resistant to most antibiotics.
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Hospitals and nursing homes in California and Illinois are testing a surprisingly simple strategy to stop the dangerous, antibiotic-resistant superbugs that kill thousands of people each year: washing patients with a special soap.
The efforts — funded with roughly $8 million from the federal government’s Centers for Disease Control and Prevention — are taking place at 50 facilities in those two states.
This novel collaboration recognizes that superbugs don’t remain isolated in one hospital or nursing home but move quickly through a community, said Dr. John Jernigan, who directs the CDC’s office on health care-acquired infection research.
“No health care facility is an island,” Jernigan says. “We all are in this complicated network.”
At least 2 million people in the U.S. become infected with some type of antibiotic-resistant bacteria each year, and about 23,000 die from those infections, according to the CDC.
People in hospitals are vulnerable to these bugs, and people in nursing homes are particularly vulnerable. Up to 15 percent of hospital patients and 65 percent of nursing home residents harbor drug-resistant organisms, though not all of them will develop an infection, says Dr. Susan Huang, who specializes in infectious diseases at University of California, Irvine.
“Superbugs are scary and they are unabated,” Huang says. “They don’t go away.”
Some of the most common bacteria in health care facilities are methicillin-resistant Staphylococcus aureus, or MRSA, and carbapenem-resistant Enterobacteriaceae, or CRE, often called “nightmare bacteria.” E.Coli and Klebsiella pneumoniae are two common germs that can fall into this category when they become resistant to last-resort antibiotics known as carbapenems. CRE bacteria cause an estimated 600 deaths each year, according to the CDC.
CRE have “basically spread widely” among health care facilities in the Chicago region, says Dr. Michael Lin, an infectious-diseases specialist at Rush University Medical Center, who is heading the CDC-funded effort there. “If MRSA is a superbug, this is the extreme — the super superbug.”
Containing the dangerous bacteria has been a challenge for hospitals and nursing homes. As part of the CDC effort, doctors and health care workers in Chicago and Southern California are using the antimicrobial soap chlorhexidine, which has been shown to reduce infections when patients bathe with it.
The Centers for Disease Control and Prevention funds the project in California, based in Orange County, in which 36 hospitals and nursing homes are using an antiseptic wash, along with an iodine-based nose swab, on patients to stop the spread of deadly superbugs.
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Though hospital intensive care units frequently rely on chlorhexidine in preventing infections, it is used less commonly for bathing in nursing homes. Chlorhexidine also is sold over the counter; the FDA noted in 2017 it has caused rare but severe allergic reactions.
In Chicago, researchers are working with 14 nursing homes and long-term acute care hospitals, where staff are screening people for the CRE bacteria at admission and bathing them daily with chlorhexidine.
The Chicago project, which started in 2017 and ends in September, includes a campaign to promote hand-washing and increased communication among hospitals about which patients carry the drug-resistant organisms.
The infection-control protocol was new to many nursing homes, which don’t have the same resources as hospitals, Lin says.
In fact, three-quarters of nursing homes in the U.S. received citations for infection-control problems over a four-year period, according to a Kaiser Health News analysis, and the facilities with repeat citations almost never were fined. Nursing home residents often are sent back to hospitals because of infections.
In California, health officials are closely watching the CRE bacteria, which are less prevalent there than elsewhere in the country, and they are trying to prevent CRE from taking hold, says Dr. Matthew Zahn, medical director of epidemiology at the Orange County Health Care Agency
“We don’t have an infinite amount of time,” Zahn says. “Taking a chance to try to make a difference in CRE’s trajectory now is really important.”
The CDC-funded project in California is based in Orange County, where 36 hospitals and nursing homes are using the antiseptic wash along with an iodine-based nose swab. The goal is to prevent new people from getting drug-resistant bacteria and keep the ones who already have the bacteria on their skin or elsewhere from developing infections, says Huang, who is leading the project.
Licensed vocational nurse Joana Bartolome swabs Shinkle’s nose with an antibacterial, iodine-based solution at Anaheim’s Coventry Court Health Center. Studies find patients can harbor drug-resistant strains in the nose that haven’t yet made them sick.
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Huang kicked off the project by studying how patients move among different hospitals and nursing homes in Orange County — she discovered they do so far more than previously thought. That prompted a key question, she says: “What can we do to not just protect our patients but to protect them when they start to move all over the place?”
Her previous research showed that patients who were carriers of MRSA bacteria on their skin or in their nose, for example, who, for six months, used chlorhexidine for bathing and as a mouthwash, and swabbed their noses with a nasal antibiotic were able to reduce their risk of developing a MRSA infection by 30 percent. But all the patients in that study, published in February in the New England Journal of Medicine, already had been discharged from hospitals.
Now the goal is to target patients still in hospitals or nursing homes and extend the work to CRE. The traditional hospitals participating in the new project are focusing on patients in intensive care units and those who already carry drug-resistant bacteria, while the nursing homes and the long-term acute care hospitals perform the cleaning — also called “decolonizing” — on every resident.
One recent morning at Coventry Court Health Center, a nursing home in Anaheim, Calif., 94-year-old Neva Shinkle sat patiently in her wheelchair. Licensed vocational nurse Joana Bartolome swabbed her nose and asked if she remembered what it did.
“It kills germs,” Shinkle responded.
“That’s right — it protects you from infection.”
In a nearby room, senior project coordinator Raveena Singh from UCI talked with Caridad Coca, 71, who had recently arrived at the facility. She explained that Coca would bathe with the chlorhexidine rather than regular soap. “If you have some kind of open wound or cut, it helps protect you from getting an infection,” Singh said. “And we are not just protecting you, one person. We protect everybody in the nursing home.”
Coca said she had a cousin who had spent months in the hospital after getting MRSA. “Luckily, I’ve never had it,” she said.
Coventry Court administrator Shaun Dahl says he was eager to participate because people were arriving at the nursing home carrying MRSA or other bugs. “They were sick there and they are sick here,” Dahl says.
Results from the Chicago project are pending. Preliminary results of the Orange County project, which ends in May, show that it seems to be working, Huang says. After 18 months, researchers saw a 25 percent decline in drug-resistant organisms in nursing home residents, 34 percent in patients of long-term acute care hospitals and 9 percent in traditional hospital patients. The most dramatic drops were in CRE, though the number of patients with that type of bacteria was smaller.
The preliminary data also show a promising ripple effect in facilities that aren’t part of the effort, a sign that the project may be starting to make a difference in the county, says Zahn of the Orange County Health Care Agency.
“In our community, we have seen an increase in antimicrobial-resistant infections,” he says. “This offers an opportunity to intervene and bend the curve in the right direction.”
Kaiser Health News is a nonprofit news service and editorially independent program of the Kaiser Family Foundation. KHN is not affiliated with Kaiser Permanente.
China To Close Loophole On Fentanyl After U.S. Calls For Opioid Action

Liu Yuejin of China’s National Narcotics Control Commission speaks at a Beijing press conference on Monday. He announced that all fentanyl-related drugs will become controlled substances, effective May 1.
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China has announced that all variants of fentanyl will be treated as controlled substances, after Washington urged Beijing to stop fueling the opioid epidemic in the United States.
Authorities in China already regulate 25 variants of fentanyl, a synthetic opioid linked to thousands of drug overdose deaths in the U.S. But some manufacturers in China, seeking to evade controls, have introduced slight changes to the molecular structure of their drugs, giving them the legal loophole to manufacture and export before the government can assess the products for safety and medical use.
The decision to regulate all fentanyl-related drugs as controlled substances “puts a wider array of substances under regulation,” Liu Yuejin, an official of China’s National Narcotics Control Commission, said at a press conference in on Monday. The regulation will take effect May 1.
Bryce Pardo, a drug policy researcher at Rand Corporation, tells NPR that in theory, the regulation “future-proofs the law” by including impending chemical modifications.
But China may not be able to enforce the new rules, Pardo says. “[Authorities] already have problems enforcing existing laws.” He says official reports show the country does not have enough inspectors for facilities, and law enforcement would have to “take a sample” from a facility and eventually “analyze whether it’s a fentanyl-related structure.”
Vanda Felbab-Brown, a senior fellow at The Brookings Institution who focuses on illegal economies, tells NPR the regulation is “a good step,” but whether China “will have the will and the capacity to do it is a big question.”
The United States and China have been negotiating for better drug control since the Obama era, she adds. In the midst of the trade war with the Trump administration, “China is looking for one area where it can still continue cooperating with the U.S.,” Felbab-Brown says.
The announcement comes after President Xi Jinping vowed in a December meeting with President Trump to classify fentanyl as a controlled substance. After the meeting, Trump called on China to seek the death penalty for fentanyl distributors.
Liu denied on Monday accusations that China is a major contributor to the U.S. opioid crisis, saying Chinese law enforcement has “solved several cases” of illegal fentanyl-related drug manufacturing and distribution. “They are all shipped to the U.S. by criminals through evasive means, through international packages,” Liu said. “The amount is extremely limited and cannot be the main source of the substance in the U.S.”
He said the U.S. opioid problem was mainly caused by “domestic reasons,” according to the South China Morning Post.
According to a 2018 report by the U.S.-China Economic and Security Review Commission, China remains “the largest source of illicit fentanyl and fentanyl-like substances” in the United States and “illicit manufacturers create new substances faster than they can be controlled.”
Chemical exporters in China secretly send drugs to the West through fake shipment labels and other tactics, the report stated.
Fentanyl is a synthetic opioid that relieves extreme pain. It is 50 to 100 times more potent than morphine, according to the Centers for Disease Control and Prevention. It also is the drug most often found in overdose deaths in the United States. In 2016, fentanyl was linked to more than 18,000 drug overdose deaths, 29 percent of drug overdose deaths that year, according to a National Vital Statistics System report.
Felbab-Brown says China’s new stance on fentanyl-related substances stems partially from a desire to be a global enforcer on drugs. “From a public relations perspective, it’s difficult for China to be accused of being a source of drugs,” she says.
China does not have a monopoly on fentanyl production, she adds. “Even if tomorrow the United States wouldn’t get fentanyl from China, others would step in. Most obviously India, a major source of addictive drugs.”
Jingnan Huo contributed to this report.
Sen. Rick Scott Wants To Drive Down Health Care Costs
GOP Sen. Rick Scott of Florida, charged by President Trump to come up with an Obamacare replacement, tells Steve Inskeep that drug prices are too high. NPR’s Alison Kodjak comments on the discussion.
STEVE INSKEEP, HOST:
President Trump says he wants Republicans to be known as the party of health care. So how do they achieve that, given their record? When they controlled both houses of Congress, the promises to repeal Obamacare and replace it with something better ended in nothing. More recently, the Trump administration backed a lawsuit to overturn the Affordable Care Act with no replacement in sight. Now, the president does say he is counting on senators to fill that gap – senators including Rick Scott, our next guest. He is a former hospital executive and former governor of Florida, now a newly inaugurated United States senator. Senator, good morning.
RICK SCOTT: Good morning. That’s right. The – well, let’s – I think we can all thank the president for his interest in health care. I’ve been involved in health care all my life. And so I’m glad with that. And I’m going to work hard to try to drive down the cost of health care. That’d be the most important thing to Americans.
INSKEEP: Well, you said drive down the cost. Let’s talk about what the Republican approach really is here. From talking with others Senate Republicans, we get the impression the idea is to really stop trying to repeal and replace Obamacare and just find some narrower improvements in the existing system. Is that a fair description?
SCOTT: Well that’s what I’m doing. Steve, drug prices are too high. So I put a bill out last week that would require transparency, so you know what things cost. But on top of that, Americans – it’s not fair that we pay more for drugs than Europeans pay. I had the same problem when I was in the health care business. I had hospitals in America and in Europe. And the drug companies wanted to charge us more in America. And I said, that’s not fair. And I’m not going to do it. And I think we have to have the exact same attitude. Why are we paying more than Europeans or Canadians or Japanese for drug prices? That’s my bill. That’s what I’m focused on.
INSKEEP: You’re going for, in a sense, a free market solution. You want more transparency so that people know what they’re paying. And maybe they can shop around for cheaper drugs at pharmacies and that sort of thing. But isn’t it still going to be really hard for the average consumer to navigate such a complicated system where, in the end, insurance companies, they would hope, are paying most of the bills?
SCOTT: Oh, look. I think that it’s difficult. But I grew up in a family that didn’t have money. And I remember asking my mom one time, how much would it cost – how much would there be a change in a drug, you know, if you’re going to pay for it before you would change pharmacies? She said, less than a buck. I think if we tell people – give people information, they’ll make good decisions. One of the companies I had in health care was a walk-in doctor’s office company who put all the prices up on a menu board, so people could decide, do I want my insurance, or do I want to pay out of pocket? And it worked. So I think transparency works. I think giving people information works. But on top of that, we – the drug companies have raised their prices too fast. And so we’re going to – I want to stop them from being able to charge us more than they charge Europeans.
INSKEEP: I want to ask about another source of costs in the health care industry, one with which you have direct experience – hospitals. You founded a large hospital corporation. And a lot of people – laymen – will know that hospitals are famous for charging immense bills which are often inexplicable to us. Presumably, insurance firms will just pay them. But there is this huge bill. Are hospitals a big part of the problem?
SCOTT: I think you have to look at – the entire delivery system is an issue. We – I passed legislation when I was governor to require hospitals to disclose their prices. We’ve got to make this more simplistic, more transparent, so you as a consumer have better information. And that’s true for the pharmacies. That’s true for the hospitals. That’s true for the insurance companies. Take insurance companies as an example. You probably know if you’re on a stat (ph), as an example. Insurance companies should tell you what your copayment is before you buy the insurance that year. And they shouldn’t change it on you for the 12 months. I mean, that’s not fair. And so I think every part of this – we need to have – what I always thought about it is you’ve got to have more competition. And you’ve got to let people make more of the decisions on their own. They’ll spend their money smartly if they have the information.
INSKEEP: Now, you, of course, are in a Senate where I’m sure every Republican and every Democrat will be in favor, in theory, of lower prescription drug prices. Do you believe there is sufficient bipartisan support for the same approach to this?
SCOTT: Well, clearly – I was in the Budget Committee last week. And everybody, including Bernie Sanders, was all in on lower drug prices. I think this idea that we should not pay more than Europeans pay – I think that’s pretty common sense. And so I’m optimistic that we can get that done. I think – look. It’s very partisan. I’ve just been up here three months. It’s a partisan place. But that’s why you’ve got to find things that everybody agrees on to get it done. I mean, look. We’ve got a divided Congress. And even in the Senate, takes 60 votes. So it takes Democrats to be onboard to get anything done, which – I’m fine with that. We ought to figure out how to work together.
INSKEEP: Well, Senator, thanks very much for the time. Really appreciate it.
SCOTT: All right. Have a great day.
INSKEEP: Rick Scott, former governor of Florida, now U.S. senator. NPR’s Alison Kodjak covers health care for us. And she was listening in. She’s in our studios. Alison, good morning.
ALISON KODJAK, BYLINE: Morning, Steve.
INSKEEP: What do you hear there?
KODJAK: Well, the thing that stood out right at the beginning was that he really wasn’t interested in engaging on a replacement for the Affordable Care.
INSKEEP: He was frank. That’s not the goal anymore.
KODJAK: Exactly. But last week, the Trump administration changed its position and said it wants the law overturned in court. If it gets its way, that’s going to leave a huge void in the health care system. And it doesn’t look like the Senate’s looking to step up and find a replacement.
INSKEEP: You said it doesn’t look like the Senate’s looking to step up and find a replacement. But the president is looking there. We have Rick Scott introducing this bill. But the prospects don’t seem very good when you observe this from the outside?
KODJAK: Well, the bill he is introducing is about drug prices, which is not a replacement for the Affordable Care Act. It’s not going to get people insurance if they have pre-existing conditions. And this lawsuit actually overturns that law. It is – the issue of drug prices is very important. And lowering health care costs is very important. Senator Scott – the other thing that he talked about – he focused on drug prices but slid over the issue of hospital costs. He’s a former hospital executive. Hospital costs are much higher, generally, than drug prices. They take up a huge share of the medical costs that this country spends. Drug prices are rising faster.
INSKEEP: If I’m concerned about my insurance costs, hospitals are a huge part of that, even though drug prices get the attention?
KODJAK: Yeah. Drug prices are rising faster, but hospitals take up a much larger share of our overall health care spending.
INSKEEP: Have they had much success in restraining hospital costs in this country over the last several years under Obamacare?
KODJAK: Not really. They’ve had success in restraining payments to doctors but not overall payment – not overall costs charged by hospitals.
INSKEEP: When you look at what Senator Scott just said, what other Republicans have said, what the president has said, do you see a coherent approach to health care by the Republican Party?
KODJAK: I would say not an overall approach because if they – the president is saying he wants the Affordable Care Act completely overturned. And Republicans in the Senate and in the House and the president are also saying that they want people with pre-existing conditions protected, young people able to get affordable insurance. Nobody’s looking for – to how to replace that and put those things in place if this law is overturned.
INSKEEP: Alison, thanks for coming by.
KODJAK: Thanks, Steve.
INSKEEP: NPR’s Alison Kodjak.
Copyright © 2019 NPR. All rights reserved. Visit our website terms of use and permissions pages at www.npr.org for further information.
NPR transcripts are created on a rush deadline by Verb8tm, Inc., an NPR contractor, and produced using a proprietary transcription process developed with NPR. This text may not be in its final form and may be updated or revised in the future. Accuracy and availability may vary. The authoritative record of NPR’s programming is the audio record.
Republican Strategist Antonia Ferrier Discusses Trump’s Push For New Health Care Law
NPR’s Audie Cornish speaks with Republican strategist Antonia Ferrier about President Trump’s push for Republicans to come up with a health care law that could replace the Affordable Care Act.
Arkansas Gov. Asa Hutchinson On Medicaid Work Requirement
NPR’s Rachel Martin talks with Arkansas Gov. Asa Hutchinson about a federal judge’s decision this week that blocked his state’s Medicaid work requirement rules.
RACHEL MARTIN, HOST:
Should some Medicaid recipients be required to work to get coverage? Some Republican leaders say yes, that the requirement encourages those who can work to find it. But this week, a federal judge said no. That means that Arkansas and Kentucky, two states that want to implement Medicaid work requirements – and in Arkansas, did – they have to stop or at least pause.
That’s a relief for people like Leland Moore (ph). He says he’s a Medicaid recipient in Arkansas whose benefits were in jeopardy because of the work requirement.
LELAND MOORE: I was required to work to keep my insurance – even though I was basically unable to work.
MARTIN: Moore is a former factory worker and says he hasn’t been able to work for seven years.
MOORE: I have arthrosis, asthma, spina bifida, acute exasperation (ph) COPD. When I was 41, I had a hip implant from arthrosis. I’m on 10 different medications.
MARTIN: Asa Hutchinson is the governor of Arkansas. He is a Republican, and he has urged the Trump administration to appeal this week’s ruling. And he joins us now.
Governor, thank you so much for being here.
ASA HUTCHINSON: I am glad to be with you today.
MARTIN: The judge in this case said your state’s work requirements undermine the very purpose of Medicaid, which is to give medical care to low-income people. What’s your response to that?
HUTCHINSON: Well, the judge’s ruling did away with our work requirement. And it’s called a work requirement, but it’s also called a community engagement, which requires somebody who is able-bodied to either work or to seek a job or to be in training or, if a job is unavailable, to volunteer for some community organization for 20 hours and to report that. That was the essence of our work requirement. The judge struck it down. And the gentleman who was on the program before me – sounds like he would qualify to be medically frail, which would be exempt from the work requirement automatically. And so…
MARTIN: He says he was kicked off the rolls and had to work through Legal Aid in order to restore his Medicaid benefits. I mean, is there a problem with the reporting process, which many people have said is really onerous? So even if you’d qualify for a medical exemption, it’s really hard to do that.
HUTCHINSON: It could be. It could be that his issue was that he simply failed to report or to identify himself as medically frail. And so the judge did not reach, in his decision, the issue of whether the reporting required – requirement was too onerous or not. And of course, to report your work, you can use a telephone, you can do it in person, you can do it by online portal – many different ways. And we try to provide as much assistance as possible for those to have the help that they needed to comply with that reporting requirement.
He didn’t even reach the reporting requirement because the judge fundamentally disagreed that any aspect of Medicaid cannot include any work requirement that might result in someone losing coverage. Well…
MARTIN: So why do you think that’s wrong? I mean, why do you think this work requirement is necessary for someone who is already hurting because life has thrown a bunch of stuff at them and the only way they can get coverage is through Medicaid? So they’re already struggling, and then this makes it harder for them.
HUTCHINSON: Well, again, these are able-bodied individuals that we’re speaking of. That’s part of the criteria. This is not the Medicaid for the disabled that we’re speaking of a work requirement. It is – this is the expanded Medicaid. And the whole purpose of the Affordable Care Act and the expanded Medicaid was to help people get to work. So work is a fundamental part of that expanded Medicaid program. The judge based his decision on the original Medicaid Act, that the purpose is all health care and there’s not any responsibility that goes with it. It is…
MARTIN: Although we should just point out, the Medicaid expansion in Obamacare did not include a work requirement.
HUTCHINSON: That’s true. That’s why we have a waiver, which is a demonstration project, and permission to see how this works in a state like Arkansas. We asked for flexibility to implement the program. And the judge says you have no flexibility. The judge says it’s an entitlement program that you cannot put additional requirements on that might lead to a loss of coverage. So what that means for us is that we have to go back to a voluntary referral with no consequence to it, which is what our previous waiver was.
And here in Arkansas, because we had it mandatory and there was a consequence to losing it, we moved over 11,000 – actually, over 12,000 people from dependency into work where they had employment and they were able to move off of coverage. That is what our goal is – is not to – we want them to have the health care coverage. We want them and we help them to comply. But we also want to help them to get to work and to show them where the path is so that they can have an income. Now, this is…
MARTIN: Let me ask – sorry to interrupt you. Just with seconds remaining – what does happen now? I mean, first of all, with any appeal, and secondly, with the people who were kicked off rolls because of the work requirement. Can they get back on now during this stay?
HUTCHINSON: Absolutely. Well, first of all, they could have got back on even before the judge’s ruling because under our Medicaid work requirement program, you had a – if you failed to comply, you lost your coverage last year, but you can re-enroll this year. Eighteen thousand lost their coverage last year. Only 2,000 have re-enrolled this year, but all of them can re-enroll.
Now with the judge’s decision – of course, we’re not going to be removing anybody from the roll; the judge has prohibited us from doing that. We are going to appeal the decision because we believe in the fundamental principle of a work requirement, a community engagement requirement. And we’re going to ask a higher court to review that and ask the Justice Department to handle that.
MARTIN: Governor Asa Hutchinson of Arkansas.
Governor, thank you very much for your time.
HUTCHINSON: Great to be with you.
Copyright © 2019 NPR. All rights reserved. Visit our website terms of use and permissions pages at www.npr.org for further information.
NPR transcripts are created on a rush deadline by Verb8tm, Inc., an NPR contractor, and produced using a proprietary transcription process developed with NPR. This text may not be in its final form and may be updated or revised in the future. Accuracy and availability may vary. The authoritative record of NPR’s programming is the audio record.
How A Lawsuit Challenging Obamacare Could Affect People With Pre-Existing Conditions
NPR’s Ailsa Chang talks with Sabrina Corlette from Georgetown University’s Center on Health Insurance Reforms about how a lawsuit against Obamacare could impact people with pre-existing conditions.
Federal Judge Throws Out Arkansas' Medicaid Work Requirements
NPR’s Audie Cornish talks with Arkansas Department of Human Services Director Cindy Gillespie about a judge’s decision to block Arkansas’ work requirements for Medicaid recipients.
Federal Judge Again Blocks States' Work Requirements For Medicaid

Kentucky Gov. Matt Bevin, a Republican, speaking to state legislators in 2018. Bevin, who is running for re-election this fall, asked the federal government to impose work requirements on many people who receive Medicaid. Bevin’s predecessor, a Democrat, did not seek these requirements when he expanded the program under the Affordable Care Act.
Timothy D. Easley/AP
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Timothy D. Easley/AP
For a second time in nine months, the same federal judge has struck down the Trump administration’s plan to force some Medicaid recipients to work to maintain benefits.
The ruling Wednesday by U.S. District Judge James Boasberg blocks Kentucky from implementing the work requirements and Arkansas from continuing its program. More than 18,000 Arkansas enrollees have lost Medicaid coverage since the state began the mandate last summer.
Boasberg said that the approval of work requirements by the Department of Health and Human Services “is arbitrary and capricious because it did not address … how the project would implicate the ‘core’ objective of Medicaid: the provision of medical coverage to the needy.”
The decision could have repercussions nationally. The Trump administration has approved a total of eight states for work requirements, and seven more states are pending.
Still, health experts say it’s likely the decision won’t stop the administration or conservative states from moving forward. Many predict the issue will ultimately be decided by the Supreme Court.
Kentucky Gov. Matt Bevin, a Republican, has threatened to scrap the Medicaid expansion unless his state is allowed to proceed with the new rules; if he follows through with that threat, more than 400,000 new enrollees would lose their health coverage. He said the work requirement would help move some adults off the program so the state has enough money to help other enrollees.
Bevin, who is running for re-election this fall, had threatened to end the Medicaid expansion during his last campaign but backed off that pledge after his victory.
Arkansas officials have not said what they plan to do.
In his decision on Kentucky, Boasberg criticized HHS officials for approving the state’s second effort to institute work requirements partly because Bevin threatened to end the Medicaid expansion without it.
Under this reasoning, the judge said, states could threaten to end their expansion or do away with Medicaid “if the Secretary does not approve whatever waiver of whatever Medicaid requirements they wish to obtain. The Secretary could then always approve those waivers, no matter how few people remain on Medicaid thereafter because any waiver would be coverage-promoting, compared to a world in which the state offers no coverage at all.”
The decision by federal officials in 2018 to link work or other activities such as schooling or caregiving to eligibility for benefits is a historic change for Medicaid, which is designed to provide safety-net care for low-income individuals.
Top Trump administration officials have promoted work requirements, saying they incentivize beneficiaries to lead healthier lives. Democrats and advocates for the poor decry the effort as a way to curtail enrollment in the state-federal health insurance entitlement program that covers 72 million Americans.
Despite the full-court press by conservatives, most Medicaid enrollees already work, are seeking work or go to school or care for a loved one, studies show.
Critics of the work policy hailed the latest ruling, which many expected since Boasberg last June stopped Kentucky from moving ahead with an earlier plan for work requirements. The judge then also blasted HHS Secretary Alex Azar for failing to adequately consider the effects the policy.
“This is a historic decision and a major victory for Medicaid beneficiaries,” said Joan Alker, executive director for the Georgetown University Center for Children and Families. “The message to other states considering work requirements is clear — they are not compatible with the objectives of the Medicaid program.”
Sally Pipes, president of the conservative San Francisco-based Pacific Research Institute, called the ruling “a major blow” to the Trump administration but said this won’t end its efforts.
“The Department of Health and Human Services is very committed to work requirements under Medicaid,” Pipes said.
“It is my feeling that those who are on Medicaid who are capable of working should be required to work, volunteer, or take classes to help them become qualified to work,” she added. “Then there will be more funding available for those who truly need the program and less pressure on state budgets.”
Several states, including Virginia and Kentucky, have used the prospect of work rules to build support among conservatives to support Medicaid expansion, which was one of the key provisions of the Affordable Care Act. That expansion has added more than 15 million adults to the program since 2014.
Previously the program mainly covered children, parents and the disabled.
Particularly irksome to advocates for the poor: Some states, including Alabama, which didn’t expand Medicaid, are seeking work requirements in the traditional Medicaid program for parents who have incomes as low as $4,000 a year.
The legal battle centers on two issues — whether the requirements are permissible under the Medicaid program and whether the administration overstepped its authority on allowing states to test new ways of operating the program.
Alker said that state requests for Medicare waivers in the past have involved experiments that would expand coverage or make the program more efficient. The work requirements mark the first time a waiver explicitly let states reduce the number of people covered by the program.
States such as Kentucky have predicted its new work requirement would lead to tens of thousands of enrollees losing Medicaid benefits, though states argued some of them would get coverage from new jobs.
Under the work requirements — which vary among the states in terms of what age groups are exempt and how many hours are required — enrollees generally have to prove they have a job, go to school or are volunteers. There are exceptions for people who are ill or taking care of a family member.
In Arkansas, thousands of adults failed to tell the state their work status for three consecutive months, which led to disenrollment. For the first several months last year, Arkansas allowed Medicaid recipients to report their work hours only online. Advocates for the poor said the state’s website was confusing to navigate, particularly for people with limited computer skills.
While the administration said it wanted to test the work requirements, none of the states that have been cleared to begin have a plan to track whether enrollees find jobs or improve their health — the key goals of the program, according to a story in the Los Angeles Times.
Craig Wilson, director of health policy at the Arkansas Center for Health Improvement, a nonpartisan health research group, said he believes policymakers will appeal court rulings all the way to the Supreme Court.
“As long as they hold on to hope that some judge will rule in their favor, states will continue to pursue work requirements,” Wilson said.
Kaiser Health News is a nonprofit news service and editorially independent program of the Kaiser Family Foundation. KHN is not affiliated with Kaiser Permanente.
Federal Judge Strikes Down Medicaid Work Requirements In Arkansas And Kentucky
A federal judge has struck down a Medicaid work requirement in Arkansas and Kentucky. This is a major blow to the Trump administration’s vision for the health insurance program for low-income people.