Elder and Disability Law Section Roundtable Discussion
Date: Feb 1, 2024 12:00 p.m. – 1:00 p.m.
Areas of Law: Elder & Disability Law
Protecting Medicaid Eligibility in the Wake of the COVID-19 Public Health Emergency
This roundtable will begin with a brief presentation from Disability Rights NJ’s legal director about the challenges facing Medicaid beneficiaries as the protections afforded them during the COVID-19 public health emergency unwind. From March 2020 to May 2023, states were prohibited from terminating Medicaid eligibility for current beneficiaries, even if they no longer met financial or clinical requirements to stay on the program. The regular eligibility redetermination process was also interrupted by the pandemic. As a result, hundreds of thousands of people kept Medicaid eligibility despite changes in circumstance or failure to provide updated information that might otherwise have led to a termination. As the state’s Division of Medical Assistance and Health Services continues the redetermination process that started in April 2023, protections and systems meant to prevent unlawful terminations have stumbled or failed, creating unprecedented challenges for Medicaid beneficiaries and the attorneys who represent them.
Topics to be discussed are as follows:
- The due process protections required before the state terminates someone’s Medicaid eligibility
- Common changes during the PHE that might affect an individual’s eligibility now
- Action you must take to protect your client if their eligibility is terminated
- New or underutilized eligibility groups that could present an opportunity to continue receiving Medicaid through a different eligibility “door”
- Common systems breakdowns unique to the unwinding period
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