FLORIDA MEDICAID UNDER FIRE — Two consumer advocacy groups sued Florida’s Medicaid agency on Tuesday, claiming that tens of thousands of people have been kicked off the program without adequate explanation, Megan reports. It’s the first major legal action targeting the massive Medicaid coverage losses sweeping the nation as states redetermine eligibility for more than 90 million people for the first time since the pandemic. The lawsuit, filed by the National Health Law Program and the Florida Health Justice Project, focuses only on Florida — and, specifically, the roughly 182,000 people who the state has affirmatively determined to be ineligible for the program, meaning it doesn’t address the more than 225,000 people who’ve lost coverage for procedural reasons. But the issues raised in the complaint parallel those that other advocates have raised in Florida and elsewhere. “This is the first lawsuit related to the Medicaid unwind,” Joan Alker, executive director and co-founder of Georgetown University’s Center for Children and Families, told Megan. “I’m guessing it won’t be the last.” The details: The class action lawsuit, filed in federal court on behalf of a 25-year-old mother, her 2-year-old child and another 1-year-old child, claims that Florida is failing to appropriately explain to people why they have been determined ineligible for Medicaid in violation of the U.S. Constitution and federal law. Attorneys argue that confusing notices sent by the state have left people unable to understand why they’ve lost coverage, determine whether that decision was correct and either appeal the decision or seek other health insurance. “The purpose of a notice is to make really clear what the state’s doing and why so that an enrollee can raise their hand and say, ‘Hey, wait a minute, that’s not right. I’m actually eligible, and here’s why,’” said Sarah Grusin, a senior attorney with the National Health Law Program. “Without a clear explanation, that safety net is gone.” The response: Mallory McManus, deputy chief of staff for the Florida Department of Children and Families, said the state cannot comment on pending litigation. However, she said the agency believes its letters to beneficiaries are legally sufficient and noted that CMS approved the state’s redetermination plan. “There are multiple steps in the eligibility determination process, and the final letter is just one of multiple communications from the department,” McManus said. In response to the lawsuit, federal health officials continued to urge states to take up federal flexibilities to keep people covered. HHS spokesperson Kamara Jones said the department “will not hesitate to hold states accountable that fail to follow federal requirements.” WELCOME TO WEDNESDAY PULSE. Eggo just released a “brunch in a jar” — waffle and syrup-flavored liqueur with a “hint of smoky bacon.” We’re not sure how we feel about it, but we’re intrigued. Send us your tips, feedback and scoops to bleonard@politico.com or ccirruzzo@politico.com. Follow along @_BenLeonard_ and @ChelseaCirruzzo. TODAY ON OUR PULSE CHECK PODCAST, your host Chelsea talks with POLITICO’s FDA reporter, Lauren Gardner, who explains why some consumer advocates are calling for the FDA to update standards for prescription drug marketing on social media where the line between personal endorsement and sponsored content can be blurred — and the challenge that presents for the FDA.
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