Today, Nebraska Appleseed filed a lawsuit on behalf of a Nebraska Medicaid enrollee whose due process rights were violated by the Nebraska Department of Health & Human Services (DHHS) because they were terminated from Medicaid without adequate notice.
In March 2023, DHHS began reviewing Medicaid enrollments following the end of pandemic-era protections. DHHS has since terminated more than 100,000 Nebraskans from Medicaid — a historic disenrollment.
Termination notices must be clear. They must provide Medicaid enrollees the information they need to understand why they are losing their coverage. Due process requires DHHS to ensure that all Nebraskans who are being terminated receive adequate notice of DHHS’s decision to end their Medicaid coverage — and the opportunity to challenge that decision before coverage ends.
But this is not happening for many community members statewide.
Individuals with low-incomes are losing Medicaid coverage and have no way of knowing whether DHHS is making the right decision, or whether they should challenge their loss of coverage.
Nationwide, more than 22 million people have been cut from Medicaid since state Medicaid programs re-started the renewal process after a three-year pause during the COVID-19 Public Health Emergency (PHE).
Despite having years to prepare for the re-started renewals, DHHS has continuously failed to ensure that Nebraskans who relied on their Medicaid coverage throughout the pandemic understand why the State believes they are no longer eligible.
Health coverage is too critical to leave out important information like this.
The notices that DHHS sends out are insufficient and confusing. The aim of this lawsuit is to bring immediate relief to those who have been deprived of their due process rights.
The State of Nebraska must stop using the unconstitutional notices now, reinstate Medicaid coverage for all Nebraskans who did not receive adequate notice, and ensure that due process is guaranteed for every single Nebraska Medicaid renewal.
Do you know someone who was told they lost Medicaid coverage because their “income exceeds standards” since renewals started in March 2023?
Reach out at neappleseed.org/medicaidhelp to learn more and share your Medicaid experience.