The “adult” Medicaid expansion also includes some kids

The Leavitt Report is hardly alone when they mischaracterize the new Medicaid expansion as the “adult” expansion.  In fact, new section 42 USC 1396a(a)(10)(i)(VIII) expands eligibility to all non-elderly (under 65) persons up to 133% FPL who are not otherwise eligible.  Since children aged 6-18 are only categorically eligible up to 100% FPL, the Medicaid expansion also covers kids aged 6-18 between 100% and 133% FPL.

One source of the confusion is Justice Roberts, who consistently referred to the Medicaid expansion (42 U.S.C. § 1396a(a)(10)(i)(VIII)) as the “adult” expansion in the NFIB decision.

Raises an interesting question:  if a state exercises the Red State Option for adults, do they have to also cut off the kids?

For details, see Part II.D of my paper with Huberfeld & Weeks Leonard.

@koutterson

UPDATE:  see the helpful comment by Joe & my response.  These kids were covered by a different subsection of PPACA 2001 (a) [(a)(5) rather than (a)(1)].  Still leaves open the question about which precise parts of PPACA Title II are now optional.

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