TBA Law Blog

Posted by: Stacey Shrader Joslin on Sep 19, 2019

A University of Michigan law professor is questioning whether Tennessee’s proposal to switch much of the federal funding for its Medicaid health care program into a block grant is legal, the Times Free Press reports. In a recent blog post, Nicholas Bagley, who teaches and writes about administrative law, regulatory theory and health law, says he sees a problem in the state’s request for a waiver. Under section 1903 of the Medicaid statute, he says, the federal government “must pay a fixed ‘match rate’…to every state that participates in Medicaid.” That would change under the state’s proposal so a waiver is needed. However, Bagley argues that section 1903 is not included in the list of provisions that can be waived.