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Is it illegal for a state to have a Medicaid Waiver waitlist?

January 27, 2023

Video Transcript


Speaker: Corye Dunn, Disability Rights NC

Is it illegal for a state to have a Medicaid waiver waitlist?

Corye Dunn: It is not unfortunately illegal for a state to have a Medicaid waiver waitlist. In fact, the whole notion of a waiver is that it allows states to waive certain requirements that would usually be applied to Medicaid services and have programs that disregard those particular requirements in this case, uh generally, Medicaid services on the Medicaid state plan have to be available to all enrollees if that if they are medically necessary. And the Innovations Waiver allows the state to offer services to some people, but not all people. And so while there may be requirements elsewhere in law, like the Olmstead mandate under the Americans with Disabilities Act, that requires states to take some action, it's not a violation of Medicaid law to have a waiver waitlist.



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