Medicaid

Structure of the Medicaid Program

“Each participating State develops a plan containing reasonable standards . . . for determining eligibility for and the extent of medical assistance” within boundaries set by the Medicaid statute and the Secretary of Health and Human Services.” Wis. Dep’t of Health & Family Servs v. Blumer, 534 U.S. 473 (2002) (quoting Schweiker v. Gray Panthers, 453 U.S. 34, 36-37 (1981)); see also ABC Home Health Servs. v. Ga. Dep’t of Medical Assistance, 211 Ga. App. 461, 462 (1993). Although States must comply with federal law, each State has significant power to customize its Medicaid program within those parameters. Where federal law is silent, State law can generally fill the interstices so long as States do not violate federal statutes, regulations or rules. See Blumer, supra, at 496 (“we have not been reluctant to leave a range of permissible choices to the States, at least where the superintending federal agency has concluded that such latitude is consistent with the statute’s aims”). Nonetheless, the case law makes it clear that States often go beyond filling the gaps, ignoring federal law, in their efforts to expand collections.

Each State participating in the Medicaid program must develop a State Plan. 42 U.S.C. § 1396a. Among other requirements, the State plan must:

  1. Be effective throughout the State; Section 1396a(a)(1);
  2. Provide for fair hearings when eligibility is denied or not acted upon with reasonable promptness; Section 1396a(a)(3);
  3. Be administered by a single State agency; Section 1396a(a)(5); and
  4. Comply with the provisions of Section 1396p with respect to liens, adjustments and recoveries of medical assistance correctly paid, transfers of assets and treatment of certain trusts. Section 1396a(a)(18).

Published by
David McGuffey

Recent Posts

Medicaid Estate Recovery – 50 States

The Estate Recovery Rules vary from State to State. The federal minimum requires states to…

3 days ago

Rights of the ward; impact on voting and testamentary capacity; O.C.G.A. § 29-4-20

Georgia Guardianship law presupposes that the guardian must act in the best interests of the…

1 week ago

Georgia Medicaid Applicants No Longer Required to Apply for Other Benefits

Medicaid is the payer of last resort so applicants have, historically, been required to apply…

2 weeks ago

2026 Community Spouse Income and Resource Allowances

Effective January 1, 2026, the Community Spouse Resource Allowance will increase to $162,660.00. The combined…

2 weeks ago

Temporary medical consent guardianship; O.C.G.A. § 29-4-18

In some cases, no one can be found who will consent to medical procedures for…

2 weeks ago

Conduct of emergency guardianship hearing; limitations on emergency guardianship; O.C.G.A. § 29-4-16

If an emergency guardianship is warranted, O.C.G.A. § 29-4-16 sets the requirements for how the…

2 weeks ago