Document Type
Article
Publication Date
5-7-2018
Abstract
Breaking controversial new ground, the Centers for Medicare & Medicaid Services (CMS) recently invited states to consider establishing work requirements as a condition of receiving Medicaid benefits. Noncompliant beneficiaries may lose some or all benefits, and if they do, will incur higher spending if they have to pay for medical care out of pocket. Current evidence suggests work requirements and related policies, which proponents claim promote personal responsibility, can create considerable risks of health and financial harm in vulnerable populations. Concerns about implementing these policies in Medicaid have been widely expressed, including by major physician organizations, and others have examined their legality. Setting these issues aside, if the policies survive legal challenges, CMS should act to minimize the potential harms these policies could cause to the health of Medicaid’s vulnerable population. To this end, CMS should create guidance that would minimize risks, ensure proportionality of penalties (i.e., that benefits are not eliminated for first-time or relatively minor infractions), and stipulate when harms rise to a level that requires program changes or termination.
Keywords
Health law & policy, social insurance, Medicaid, eligibility, work requirements, Section 1115 demonstration projects, waivers, health risks, assessment, transparency
Publication Title
JAMA Viewpoint
Repository Citation
Schmidt, Harald and Hoffman, Allison K., "The Ethics of Medicaid’s Work Requirements and Other Personal Responsibility Policies" (2018). All Faculty Scholarship. 2207.
https://scholarship.law.upenn.edu/faculty_scholarship/2207
Included in
Administrative Law Commons, Ethics and Political Philosophy Commons, Health Economics Commons, Health Law and Policy Commons, Health Policy Commons, Inequality and Stratification Commons, Law and Society Commons, Medicine and Health Commons, Policy Design, Analysis, and Evaluation Commons, Social Policy Commons, Social Welfare Commons, Social Welfare Law Commons
Publication Citation
JAMA Viewpoint, May 7, 2018