District Judge Greg Van Tatenhove noted that Bevin chose to participate as a defendant in the District of Columbia case, in which a judge set aside the Department of Health and Human Services‘ approval of the plan, saying HHS had not adequately considered a key estimate by the state: that its Medicaid rolls would have 95,000 fewer people with the plan in five years than without it, in large measure because of noncompliance with its requirements for work, reporting and so on. HHS is re-reviewing the plan and recently sought public comment on it.
Bevin’s suit created “the possibility of two different outcomes before two different judges,” notes John Cheves of the Lexington Herald-Leader. “The Washington judge is a Democratic appointee; the Frankfort judge is a Republican appointee.”
Bevin spokeswoman Elizabeth Kuhn “released a statement suggesting that he does not plan to appeal,” James Romoser of Inside Health Policy reports. Kuhn said, “The complaint was dismissed on procedural grounds and did not address the substance of the case. This case was originally filed because we believe that Kentuckians deserve to have the 1115 waiver considered in Kentucky by a Kentucky judge. In the meantime, the 1115 case before a Washington, D.C. judge was expedited, and [Kentucky’s health agency] is working with CMS to be responsive to that ruling. We respect today’s decision by the court and will continue to pursue the case in Washington, D.C.”