Lloyd A. Bookman

speaker

311 appearances 1 recordings 1 series first heard Jul 2026 last heard 17 Jul

Lloyd A. Bookman’s voice in public audio — every appearance, attributed to the second.

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Recordings per month over the last 12 months — 1 in all, peaking in Jul 2026 with 1.

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AHLA's Speaking of Health Law · One Year In: Implementing the Medicaid Provisions of the Working Families Tax Cut Act · 17 Jul 2026 podcast

Excuse me.

What is that?

The as I indicated, these three

aspects of the rule that they're challenging um are consistent with the governing statute.

The governing statute doesn't

put a gloss of significantly impairment, significant this the impairment significantly impacts the ability to comply with the work requirements on either the um frailty requirement or on the emergency requirement.

It's not there.

Uh the uh statute doesn't preclude going back more than one year on on data.

It's not there.

So they're arguing it's inconsistent with the statute, relying to an extent on the Supreme Court's overturning of Chevron.

uh in in a lower bright case saying basically there is no deference or no at least not the uh chevron level of deference maybe for those of you who are into this world, the Swift versus Skidmore level of deference.

Um but it's basically a more open season on challenging agency interpretations uh even when the agency goes through rulemaking.

Uh the arbitrary capricious count has a number of different aspects to it.

It's the familiar relevant factors test that goes way back to Citizen versus Overton Park in the 70s, uh, where you argue that the agency has failed to consider important aspects of the problem, and they're arguing the agency has failed to consider the fact that some of these rules.

are particularly the ones that are being challenged, are likely to keep uh of the people that are deemed ineligible as a result of the application of these rules, about forty three percent would really be eligible if they could have all of the documentation.

That's CMS's own data.

And so they're saying that this th these stringent rules don't take that into account and they

And and they and they fail to and they're also arguing that it's arbitrary that they've switched um

the the way they're you know, they've switched from what they were telling the states to where they are now.

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