Tag Archives: Courts

Medicaid Work Requirements in the Courts

Long-time readers of this blog will recall that I discussed Medicaid Work Requirements being proposed by the current neo-fascist regime in Washington.

This discussion was found in the following posts: Arkansas Medicaid Work Requirement Failing Out of the Gate, Nation’s First Medicaid Work Requirement Sheds Thousands From Rolls In Arkansas, Arkansas drops 3,815 more Medicaid enrollees over work requirement – Modern Healthcare, Michigan threatens to repeal Medicaid expansion if work requirements not approved | Healthcare Dive, and Medicaid Work Requirements Worsen Health,

Now comes a few new posts from several sources, that expands on the subject, especially regarding the way the courts are responding to the administration’s desire to impose draconian work requirements on what is essentially a health care program, and not a make-work program.

Note: I am awaiting enrollment into Medicaid.

The following articles all involve the Arkansas Medicaid Work Requirement case, and one judge in federal court has already decided that Congress clearly intended Medicaid to be a health program, and not a work program.

Here are the links to the articles:

Fierce Healthcare

Health Affairs Today

Center on Budget and Policy Priorities

Arkansas Times

Don McCanne commented after posting the CBPP and Arkansas Times articles as follows:

“What kind of policy is it that when low-income individuals are unable to find jobs, the state punishes them by taking away their health care? The judge hearing the Medicaid work requirement case in Arkansas agrees, “that’s not the purpose of Medicaid”

Shouldn’t we instead have a public policy that says that anyone who needs health care should be able to receive it? That is not the case now, even though we are already spending enough to guarantee health care for everyone. We could do that merely by enacting and implementing a single payer Medicare for All program, and it doesn’t have to cost us any more than we are already spending.

It would be great if our government also supported more effective policies to ensure that every capable person has employment opportunities, but depriving people of their health care is not an effective work program, as Arkansas has demonstrated.

How can it be that we even tolerate such a cruel government policy?”
Yes, how can we tolerate such a cruel government policy, when it has been government policy
decades to divide the health care system into silos, so that each demographic, the elderly, the
poor, children, families of service members, etc., are served by health care programs that are
put in silos, which no other Western nation does. Even our veterans get put into a special silo
called the VA, and that has been a disaster for our veterans seeking medical care.
We must stop playing games with people’s lives. We must also stop trying to impose outdated
work requirements reminiscent of the Puritan settlers, and does not deal with the reality of the
21st century job market that makes many poor people ineligible for the kind of employment
that would get them off of Medicaid altogether. Until that changes, we need Medicare for All,
and to stop dividing people into silos.

Florida State Supreme Court Upholds Law’s Validity

Following up on what I reported on earlier this week, the Supreme Court of Florida unanimously decided not to review Daniel Stahl v. Hialeah Hospital, according to Business Insurance’s Stephanie Goldberg.

In my previous post, I mentioned that the 1st District Court of Appeal had ruled that attorney fee schedules violated state law.

But the Court of Appeal also ruled back in March in the above referenced case, that the workers comp system was an adequate exclusive remedy, Ms. Goldberg said in her article.

The State Supreme Court accepted jurisdiction to review the decision, and said in its ruling that, “after further consideration and hearing oral argument in this case, we have determined that we should exercise our discretion and discharge jurisdiction.”

So for the time being, it would seem that Florida’s Workers’ Compensation law is constitutional, and until other cases that are pending are resolved (see my articles, “Constitutionality of Workers’ Comp Challenged: What that could mean for Medical Travel“, “Update on Constitutionality of Work Comp in Florida“, and “Advocacy Group Petitions Florida Supreme Court to Review Work Comp Constitutionality“), Florida’s injured workers will still have something to protect them.


I am willing to work with any broker, carrier, or employer interested in saving money on expensive surgeries, and to provide the best care for their injured workers or their client’s employees.

Ask me any questions you may have on how to save money on expensive surgeries under workers’ comp.

I am also looking for a partner who shares my vision of global health care for injured workers.

I am also willing to work with any health care provider, medical tourism facilitator or facility to help you take advantage of a market segment treating workers injured on the job. Workers’ compensation is going through dramatic changes, and may one day be folded into general health care. Injured workers needing surgery for compensable injuries will need to seek alternatives that provide quality medical care at lower cost to their employers. Caribbean and Latin America region preferred.

Call me for more information, next steps, or connection strategies at (561) 738-0458 or (561) 603-1685, cell. Email me at: richard_krasner@hotmail.com.

Will accept invitations to speak or attend conferences.

Connect with me on LinkedIn, check out my website, FutureComp Consulting, and follow my blog at: richardkrasner.wordpress.com.

Transforming Workers’ Blog is now viewed all over the world in 250 countries and political entities. I have published nearly 300 articles, many of them re-published in newsletters and other blogs.

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Travel expense may be reimbursed under certain conditions

Just happened to come across the following blog post here on WordPress from a workers’ comp lawyer.

The lawyer, Karl Voigt, answered a question on another website about being reimbursed for travel expenses in the state of Pennsylvania.

His response is worth considering for the implementation of medical tourism into workers’ comp, for all other states, besides Pennsylvania.

“There is a compelling argument that the carrier should reimburse your costs. Until about 1992, workers’ compensation carriers would regularly have to reimburse Pennsylvania claimants for all travel expenses incurred treating their work injury. Unfortunately, following the issuance of an appellate case, Helen Mining Co. V. WCAB, 616 A.2d 759, the law changed. The courts can now only award travel expenses in cases where the requisite medical treatment is not available in your locale. If you can indeed prove that it was absolutely necessary to travel out-of-state for treatment, there is a good chance that your expenses should be reimbursed.”

If an employee, or his employer believes that it is necessary for the employee to get their surgery out of state, i.e., in another state or even another country, it may be argued that the work comp carrier would have to pay for it.

Yet, if the carrier went along with it in the first place, there would be no need to request reimbursement, as the surgery and travel expenses would be paid for. If the employer and the carrier determine that they can save money by having claimants go out of the country for medical care, then there would be no need for the courts to award travel expenses in the first place, thus freeing the claimant from the grip of the medical-legal system that workers’ comp law has created.